Do I need more than a Will for my estate planning?
While obtaining a Last Will and Testament may be the impetus for starting the estate planning process, there are several other testamentary documents which can make end-of-life decision-making [...]
(Updated 2018) What determines a disabled adult child, and what Social Security benefits can they receive?
A disabled adult child, or “DAC,” is an individual 18 years or older with a disability that began before they reached age 22. Such an individual is considered a disabled adult child because the [...]
How will remarriage affect my estate planning?
Remarriage may add complexity to the estate planning process, especially when there are children from a previous marriage. All testamentary and end-of-life planning documents should be reviewed [...]
What is a guardian advocate in Florida?
The appointment of a guardian advocate is a less intrusive alternative to a full guardianship. As defined by the Florida Statutes, a guardian advocate may be appointed “…for a person with [...]
How is the Internal Revenue Service (IRS) involved in probate?
It is the duty of the personal representative of an estate to oversee the repayment of debts owed by the decedent as well as to submit the final tax returns for the decedent. It is necessary for [...]
In probate, what happens if the available assets are insufficient to pay off all claims?
During a probate process, the personal representative of the estate has to distribute the assets of the decedent according to classes specified by the Florida Probate Code. First, the Class 1 [...]
How can I file a wrongful death claim?
Florida Statute §768.19 states: When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, and the event would have entitled [...]
What is Florida’s non-claim statute?
Florida Statute §733.702 is often referred to as the “non-claim statute.” It sets forth that: [N]o claim or demand against the decedent’s estate that arose before the death of the decedent; no [...]
What is “decanting” of a Trust?
“Decanting” refers to transferring the assets from an irrevocable Trust into another Trust. Florida has a “decanting statute” that describes the requirements of legal decanting under the Florida [...]
