Your Trusted Legal Resource
Trust litigation is often necessary to settle disputes regarding the creation, administration or distribution of a trust. A grantor or settlor creates a trust to protect their family and estate. They name a trustee to manage the trust and distribute the assets to...
This holiday season, Florida residents are likely to spend time with loved ones near and far. While this is a season to spend quality time with each other, it is also the time of year where it might be suitable to discuss your estate plan and your wishes. Young or...
The person who controls a trust is called the trustee. If you’re choosing a trustee, or if you’re a beneficiary of a trust, one concern is how much that trustee gets paid for managing the assets for the benefit of the beneficiaries. The answer depends on the terms of...
Expecting that you would be together for life, you likely included your former spouse in your estate plan. But with the end of your marriage, it is now necessary for you to cut any emotional and financial ties to your former spouse. Although divorce overrides a will...
When testators have families, they usually include their spouses and children as beneficiaries of their wills. Consequently, a child not being part of the document raises doubts as to the will’s validity. This situation brings up the question of whether it can be a...
Yes. Even those with severe mental health conditions like Alzheimer’s can engage in effective estate planning. The key here is ensuring that the person creating the estate plan has the requisite mental capacity to create legally binding legal documents. This means...
If administering the estate assets of a deceased loved one was easy and affordable, the surviving family would have fewer worries and more time to process their grief. Unfortunately, this is rarely the case with probate, which is typically complex and expensive,...
The process of declaring incapacity begins with filing a notice of petition to determine incapacity. In Florida, the court will appoint an examining committee to determine whether the person in question is actually incapacitated. The three examining committee members...
When creating a trust, the grantor must carefully choose a person capable of handling and maintaining the trust assets as their trustee. Trustees carry essential duties to ensure protection over the trust assets and uphold the beneficiaries’ rights. But what if it...
Undue influence occurs when someone manipulates a vulnerable or weakened individual to change their will for their own benefit. If you suspect that your loved one may be a victim of undue influence, it's crucial to look for signs and approach the situation with care...