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...
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Estate Planning
What are good qualities for the executor of a will?
It is not something people in Miami love to do, but estate planning is important. People cannot bring their property with them when they pass away and once they are gone, the only control they have over it is based on what was written in their wills. It is important...
Disputes arise when the terms of wills and trusts conflict
It is not unusual for a person in Miami to include both a will and a revocable trust in their estate plan. But life changes, and sometimes, a person adds a codicil to their will or changes the terms of the revocable trust. Soon, the current will and the revocable...
Incapacity planning is important too
It may come as a shock to many, but most of us have not done our estate plan. In fact, according to a Caring.com survey, only about one-third of us have even done a will, but an even smaller percentage than that have an incapacity plan. However, if you are going to go...
How does a guardianship affect a health care advance directive?
In Florida, adults who have a sudden mental or physical disability that results in them needing to have a guardianship might have documents in place that were put in effect prior to the illness, injury or condition. Since a guardianship makes that person a ward to the...
When should people update their wills?
Many people plan ahead in Miami and start their estate plans early in life. There are many reasons it is a good idea to start an estate plan early in life. One of the most important is to ensure young children are properly cared for if the parents pass away far too...
What is a financial POA?
The older we get, the more difficult it may be to take care of ourselves. Many physical and mental health conditions make it difficult to continue to make important financial and medical decisions. That is why estate planning experts often advise Miami residents to...
Navigating through probate and estate administration
For those new to estate planning or estate administration and probate, it may come as a surprise that most attorneys only do one, not both. There is even a further breakdown as some firms only focus on litigation and others on post-planning estate administrative...
What should I do if I think my loved one is a victim of undue influence?
Older adults are often encouraged to confirm that their estate plans are complete and up to date to make sure their loved ones adhere to their wishes when the time comes. Family members, friends, and caregivers are encouraged to help their loved ones through the...
You can give your POA superpowers in Florida
A power of attorney may not be a hot topic these days, but estate planning generally, certainly is. However, during uncertain times, estate planning always gets a few more headlines. In Florida, we have a few more estate planning tools at our disposal. Power of...