A previous post here discussed the use of trusts as part of a comprehensive estate plan in Florida. We have also touched on some of the different types of trusts, and a few of the basic differences between the two major trusts types: revocable and irrevocable. When...
Month: September 2015
Guardianship in Florida may be contentious, but it is important
Previous posts here detailed a 2014 circuit court of appeals case that involved the competency of people to appoint pre-need guardians and the standard courts must use to determine whether to honor people's designations of their own guardians. Previous posts here have...
How do spouses waive their rights to an elective share?
A previous post here addressed the provision of a spouse's elective share in terms of the administration of estates in Florida. Spouses can choose to keep whatever they have been devised in the decedent's will or trust, or they can opt for the elective share, which in...
What might be a breach of fiduciary duty in a Florida estate?
Previously, this blog has discussed those who are named personal representatives or executors of someone else's estate and the fiduciary duties he or she owes to the estate's beneficiaries. Meaning, a personal representative must behave loyally and in the best...
What can an estate recover in a wrongful death suit in Florida?
The loss of a loved one can be a painful and confusing time. This is especially true if the person's death was caused by some act that was preventable. Normally, if someone else is negligent or reckless and harms another in some way, the victim has the ability to seek...