Depending on the situation, there are steps that you can take to mitigate and even avoid the stresses of probate litigation. In probate cases, advance communication can make the process of [...]
In Latin, “per stirpes” means “by class/stock,” and “per capita” means “by head.” In the process of estate planning and the administration of a will, these terms play a key role. The best way to [...]
We turn to Florida Statute §709.2111 to answer this question. Sub-section 1 states, “A principal may designate two or more persons to act as co-agents. Unless the power of attorney otherwise [...]
“TBE” stands for “Tenancy by Entirety,” which is a special form of joint ownership between spouses wherein property is not held individually, but collectively by the married couple. Thus, [...]
Florida has requirements on how a fiduciary is to manage and invest the assets of the Trust that the trustee administers. Florida has adopted what is known as the “prudent investor rule,” which [...]
Yes, it is possible that a person with dementia may be found to have testamentary capacity, depending on the circumstances surrounding the execution of the Will. Indeed, Florida law presumes that [...]
A codicil is a document that supplements a Will that has already been created and is an estate planning tool that allows provisions to be made to said Will. People generally create a codicil to [...]
A deathbed Will is one developed and executed when the individual creating the Will is facing imminent death. A deathbed Will may be created if someone experiences a rapid decline in health, [...]
A qualified domestic trust (QDOT) is a marital trust utilized for the benefit of a spouse that is not a U.S. citizen. This type of trust allows a non-U.S. citizen who is married to a U.S. citizen [...]
A payable-on-death account is a bank account that is titled to the original owner but that directs distribution of its funds to a beneficiary upon the owner’s death. As long as the creator of the [...]
