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...
Firm News
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...
Can a court ignore a preneed guardian designation in Florida?
Previously, this blog discussed preneed guardianship designations, the statutory requirements for them and a Florida 1st District Court of Appeals or DCA case that helped define the standard to determine the competency of the person making the designation. At that...
What happens in Florida if an heir can’t be located?
We have discussed previously in this space what the basic rights and responsibilities of a personal representative are during the administration of an estate. We have also touched on the basics of various methods of probate. Normally, the personal representative is...
Can a Florida Probate Court divide up out-of-state property?
In Florida finding a person born in the state can seem to be harder than finding a non-native. Further, Florida is a popular destination for people sometimes called 'snowbirds,' who are usually retired and live part of the year here and the rest of it elsewhere. As a...
How do I make an ‘anatomical gift’ of my body in Florida?
This blog has discussed various estate planning topics, including those related to incapacity and the prolonging of life, as well as the distribution of assets to beneficiaries after one's death. What about the status of one's mortal remains? The advances in medical...
How many kinds of trusts are there in Florida?
This blog has covered several issues in the past regarding the creation and maintenance of trusts as part of a comprehensive estate plan. The use of trusts as a tool to avoid probate, or to protect assets from creditors or the poor spending habits of beneficiaries...
What is ‘competency’ for naming a preneed guardian in Florida?
This blog has discussed a number of issues regarding adult guardianship in the state of Florida. We have discussed what a guardian's duties might be, some pitfalls facing guardians, as well as some discussion of the various arguments regarding the reformation of the...