5 Reasons to Update Your Estate Plan

A good estate plan should be written so that it will be effective long into the fault. While your estate plan may be legally enforceable for many years to come, the specific details within may need to be changed based on a number of factors in your life. This is why it is a good idea to review your estate plan at least once a year, and have it updated whenever there are significant changes to your situation. The Read More

Explaining Undue Influence on Wills in Florida

Sometimes, reading a loved one’s Will can be a shock. They may have entirely neglected close family members, or given it all to someone they didn’t seem that close to in life. In these cases, it is possible that there was undue influence on the Will. Undue influence is a challenge to the validity of a Will, trust, or other estate planning document that seems suspicious. Before we continue, let’s establish some Read More

Can You Sue if You Have Been Committed Under the Baker Act?

The state, whether that is referring to the state of Florida or the general concept of government, deals with a recurring dilemma: keeping the citizens safe and secure while also ensuring their liberties and freedoms are reasonably protected. A notable example that illustrates the state of Florida’s struggle with this question is the Baker Act, which is used to get prompt medical care for those who are exhibiting Read More

What Happens when a Guardian Breaches their Fiduciary Duty?

Just like the personal representative of an estate, executor of a Will, or trustee of a living trust, the guardian of an incapacitated Florida adult has an underlying duty to perform in the best interests of the ward (person who is incapacitated). Guardians may be Florida residents over the age of 18 or anyone who is a direct descendant to the ward and also 18 (or older). Guardians have the power to look after the Read More

When the Executor of a Will Breaches Fiduciary Duty

There is a significant amount of responsibility that goes to the person tasked with settling a decedent’s estate in probate court. This individual, usually referred to as the executor or personal representative, is often named in the decedent’s Last Will and Testament. The purpose of naming an executor is to entrust someone who is honest and responsible to handle everything related to the estate.  The executor has Read More

Trust-Related Litigation in Florida

A trust is a common estate-planning document that is used to accomplish a number of things for the settlor (creator of the trust). One reason an estate planner might elect to create a trust is to allow their beneficiaries, heirs, and loved ones avoid the time and stress of probate court after he or she passes away. This does not mean, however, that trusts (and trustees) are immune from litigation. In Florida, a Read More

ESTATE PLANNING IN THE TIME OF THE CORONAVIRUS PANDEMIC

As most of us can acknowledge, things are far from returning back to normal in the midst of this global pandemic. Slowly but surely we will reach a place of normalcy, but it’s not going to happen overnight. A variety of people have had to readjust their game plan in order to adhere to the new rules and regulations that have been enforced on us. Businesses can carry on as usual in certain fields, some of which Read More

A BRIEF OVERVIEW OF THE EXPLANATORY LETTER

Once you have created all of the essential documents that should be included in a solid estate plan – including a Last Will and Testament, Living Trust, General Power of Attorney, and Advance Healthcare Directive, to name a few – you might find that some decisions and loose ends need to be clarified. Fortunately, there is a perfect opportunity to accomplish this through the explanatory letter (sometimes called a Read More

UNDERSTANDING THE FLORIDA HEALTHCARE DIRECTIVE

The contents and nature of your estate plan are deeply personal and unique to your situation; the plan for a family member or, even, your own spouse will be different than the one for you. A Last Will and Testament is a good starting point, but many Floridians need more forms to have a truly effective estate plan. One form that is important for the vast majority of estate planners is the advance directive, sometimes Read More

HIPAA AUTHORIZATION: WHY YOU NEED IT

Since 1996, the Health Insurance Portability and Accountability Act (HIPAA) has sought to limit the release of sensitive personal medical information to third parties for the purpose of maintaining individual privacy. It also provides for a secure, tightly controlled way for your PHI (private health information that could be potentially identifiable) to be shared among your health insurance providers. How Does Read More