Power of Attorney is a legal document that gives one person the authority to act on behalf of another as that person’s “agent.” The person who grants the Power of Attorney is known as the “Principal,” and can make this authority as broad or as narrow as he or she…
Florida Probate Litigation Lawyer Blog
Estate Planning Ambiguities: What Robin Williams’ will contest teaches us about creating high-value trusts
When you are gone, will your surviving heirs abide by every wish of your estate just as you envisioned, or will they fight over their own interpretations of your will? Ambiguous language in estate planning can create friction among your loved ones when they are at their most vulnerable, erasing…
Removing a Personal Representative in Florida
When a Florida resident passes away, regardless of whether he or she had a valid will, a person will be appointed to act as personal representative to administer the estate of the deceased. If the deceased executed a valid will, he or she may have named the personal representative in…
Minimizing the Private Information Revealed in Probate Documents and Probate Proceedings
Personal and financial records are among the few things people generally prefer to keep private. In the past, people may have gone so far as to bury the documents. Nowadays, people might keep them under lock and key in their homes. Some might leave them with financial advisors, accountants, or…
ESTATE PLANNING FOR FOREIGN EMPLOYEES: Smoothing the Transition
The rapid expansion of international public and private companies has brought about an exponential increase in the establishment of subsidiaries far from global headquarters. Such growth has meant that companies are often requiring employees across professional sectors to relocate to offices maintained in cities where significant operations are carried out.…
2014 LEGISLATIVE SESSION: Alignment of the Antilapse Provisions of the Floirda Trust and Probate Codes
The 2014 State of Florida legislative session brought about several changes in the area of trusts and estates. Among those passing into law was the amendment to the antilapse provisions of the Florida Trust Code (Florida Statutes Chapter 736). As amended, the new provisions mirror the language and intent of…
LONG TERM CHARITABLE GIVING: The Charitable Lead Trust
Charitable donors are frequently in pursuit of a means for establishing a lifetime philanthropic legacy and effective estate planning. The utilization of a charitable trust provides a strategic option. The donor may choose to set up a trust during his or her lifetime (termed an “inter vivos” trust) or a…
The Reasons We Give
Estate planners often focus on the tax benefits of making a gift, as smart planning can help reduce or eliminate a wide array of taxes on the estate and individual. But if you thought the primary motivation for donor gift-giving was related to taxation, you are mistaken. The reason behind…
Do You Have a Claim for Tortious Interference With an Expected Inheritance?
Tortious interference with an expected inheritance occurs when someone intentionally prevents, through fraud, duress, or other tortious means, another person from receiving an inheritance or gift that other person otherwise would have received. Many states today, including Florida, recognize the tort of tortious interference with an expected inheritance. Even the…
Do Not Forget Your Digital Assets in the Cloud
When you think of your “assets,” what are the first things that come to mind? Likely, your tangible assets: your home, car, cash, furniture, documents, clothes, etc. Not surprisingly, people often forget or do not realize that pictures they uploaded onto websites and applications like Facebook and Instagram, information in…