One of the most potent legal documents is the power of attorney (POA). It grants authority to an agent to act on behalf of the principal. In estate planning, a POA can authorize the agent to give directives for the estate owner’s health condition. It may also allow an...
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Estate Planning
3 common disputes over beneficiary designations
Beneficiary designations are crucial in determining who inherits an estate owner’s assets upon death. It ensures that their retirement accounts, insurance policies and similar assets are distributed according to their wishes. Accordingly, clearly specifying...
Is avoiding probate truly beneficial?
Probate is the standard legal process for settling the estate after its owner passes on. It often involves many subsequent stages and transactions, involving validation of the deceased's will, property appraisal, debt payments, tax-related requirements and...
Talking estate planning this holiday season
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...
Does the trustee get paid, and if so, how much?
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...
How does a divorce affect your estate plan in Florida?
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...
Can you create an estate plan if you have Alzheimer’s?
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...
How is incapacity determined in the context of estate law?
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...
How to confront relatives about undue influence without conflict
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...
Contesting a will in Florida
Floridians who make wills generally assume that the will prevents after-death conflict among potential heirs. Unhappily, this expectation can easily fail if the decedent did not execute the will as a “free act and deed.” Heirs or other potential beneficiaries often...