Handing Over the Reins: Where to Begin with Business Succession Planning

You may realize that you need to plan for the future of your business when you are no longer able to run it, but you may not know where to start. Planning for a future that does not involve you can be both depressing and confusing, yet it can be exciting as well. You are planning for your legacy, so it important to make time for it. Getting started with succession planning can be the most difficult part. However, Read More

Why Would You Need a Domestic Partnership Agreement?

Domestic partnerships, whether they be heterosexual or homosexual, are recognized in Florida. Florida legalized same-sex marriages in the state on January 6, 2015. In June 2015, the United States Supreme Court issued a decision that legalized same-sex marriage in the whole country and required all states to recognize legally performed same-sex marriages that came to be in other jurisdictions. However, domestic Read More

Florida Estate Planning: The Pre-Need Guardian

Unfortunately, many deaths in Florida will occur in a hospital or a nursing home. A good portion of these deaths is unexpected, leaving little time for planning or consideration of extremely important aspects of your life, particularly for your children. Critical decision-making must sometimes be made during the last few weeks, days, or even hours of life. However, you may not be in the right state of mind to make Read More

Trustee Malfeasance Explained

A trustee plays a critical role in the administration of a trust. They have certain duties and obligations that must be fulfilled by law and to carry out the purposes of the trust itself. When a trustee breaches these duties is often referred to as “trustee malfeasance.” In situations where the trustee commits fraud or ignores his or her duties, there can be a significant detrimental effect on the trust and its Read More

4 Important Considerations When Selecting a Trustee

A trustee will hold your assets on your behalf and deal with them according to your instructions. Because the trustee is entrusted with precious assets, it is important to select the trustee for your trust very carefully. Choosing someone who is dishonest or disloyal can be extremely detrimental to your beneficiaries and your trust. Above all else, you should choose someone that you feel is trustworthy and honest. Read More

What You Need to Know About Bypass Trusts

Most people don’t particularly like paying taxes, and if assets are inherited from a family member, it’s even more frustrating to have to pay taxes on something that was intended as a gift. However, with a little planning and forethought, you can utilize a specific document to avoid having excessive taxes taken out of your loved one’s inheritance. It’s called a bypass trust, and in some cases it can save hundreds of Read More

A Brief Introduction to Undue Influence

Undue influence in the context of estate planning is essentially the manipulation of a vulnerable testator by someone who wants to profit from that vulnerability. Accusations of undue influence generally arise in disputes over the validity of a will, particularly if the person who drew it up was ill, elderly, or otherwise dependent on others at the time. The alleged manipulator is accused of interfering with the Read More

Three Health Care Provisions Every Estate Plan Should Include

There is more to creating an estate plan than simply putting together a will or trust. In addition to ensuring that all of your money and property pass to your beneficiaries, you should be making health care provisions that indicate what treatments you do and do not want under certain conditions, allow family members to make decisions on your behalf, and enable someone to access funds to cover your medical care in Read More

Florida Estate Planning: Understanding Elective Shares

In Florida, an elective share is a means by which a married individual receives a fair share of their deceased spouse’s estate, even if estate planning documents have excluded them entirely. State statutes allow a surviving spouse to receive no less than 30% of their husband or wife’s estate, limiting the damage of a malicious or “influenced” disinheriting. Computing an Elective Share Elective shares are Read More

The Difference Between Elder Law and Estate Planning

As an estate planning attorney, one of the most common misunderstandings that clients have is that they think estate planning and elder law are the same thing. While they are both essential components of planning for future events, they are actually quite distinct from each other. Learning about the differences can help ensure you have the right resources in place for both your current situation in life and whatever Read More