Sometimes a situation might arise where a person who has a will dies and then the will cannot be found. What would happen? What steps should you take to avoid this unfortunate situation? The first important step a person can take to prevent this problem is finding an experienced attorney…
When a person dies and was a recipient of Medicaid assistance, Medicaid may have a claim against the estate for any amounts spent on behalf of the recipient. This claim is called a Medicaid Estate Recovery. Medicaid can recover against an estate if it has a valid claim. The deceased…
Fifty-four million Americans suffer a disability. In Florida, 6.2% of children five to fifteen years old have a disability and 4.3% of Miami- Dade County children age five to fifteen have a disability. For parents of those children a stand-alone special needs trust can be a useful tool to ensure…
Sometime before her death, a Florida resident living in Ormond Beach made a will using an “E-Z legal form”. She relied on the form and carefully listed the assets she wanted her sister to receive including her house, her IRA account, her life insurance proceeds and all of her bank…
Florida is an ideal location for a beachside vacation home or condominium. Many northerners or “snowbirds” like to make their way south every winter and enjoy all that south Florida has to offer. Excellent restaurants and weather make Florida a primary location for vacation homes. Miami, Ft. Lauderdale, West Palm…
All counties in Florida are governed by Florida Statute §68.07 regarding name changes. Before you begin the process you must consider why you want to change your name. There are different steps if you are changing your name pursuant to a marriage, divorce, or changing your name back to a…
Some individuals have a will and also have a revocable living trust to distribute assets. Often they are the trustee of the revocable living trust and their children or family members may be the beneficiaries. Why would somebody do this? Won’t their assets pass under the will when they die?…
A personal representative of an estate has a duty to make a reasonable search to determine the names and addresses of creditors. Creditors may include banks, electric companies, service providers, judgment creditors, or a past healthcare provider. A personal representative may wonder what type of “search” is required. Florida law…
Once again a recent court case reminds us how important it is to have up-to-date and very clear estate planning documents. A case out of Broward County could have happened anywhere in Florida. The Broward County Court decided a case wherein a lady created a trust. Pursuant to the terms…
As Florida lottery ticket sales increase so do the dreams of winning. Scratch-off ticket sales for the week ending March 4, 2012 in Florida, exceeded $60 million, the highest level of sales achieved since the Florida Lottery launched its first ticket in 1988. Some winners plan ahead by attempting to…