Articles
What is an Enhanced Life Estate Deed?
If you are relatively sure that your remaindermen are the people you want to own the house at your death, then the enhanced life estate deed is a simple, inexpensive way to make that happen.
Read Article >>Special Needs Trusts
A Special Needs Trust is designed to provide supplemental support for the beneficiary without jeopardizing their eligibility for government benefits.
Read Article >>What is the Difference Between a Co-Borrower and A Guarantor?
While both co-borrowers and guarantors play crucial roles in securing loans, their responsibilities differ.
Read Article >>Was the Will Properly Executed?
The execution of a last will and testament without the required formality invalidates the will and serves as a ground for a challenge in a will contest.
Read Article >>Can A Copy of A Last Will & Testament Be Admitted To Probate?
Before filing for the administration of an estate where one does not have the original last will and testament, it is critical to have supporting witnesses who can not only prove up the proper execution of the document, but also its contents.
Read Article >>A Way To Cure Simple Legal Description Drafting Errors
The Florida Legislature has provided a way to cure scrivener’s errors in legal descriptions in certain deeds without the need for filing a separate law suit to reform the document containing the error. Florida Statute 689.041 allows for the filing and recording of a “Curative Notice” with the Clerk of the Court to correct a […]
Read Article >>Can A POA be Used to Act for A Trustee?
An agent may not use a POA executed by the principal individually to sign for the principal in their capacity as a trustee of a trust. Sec. 709.2201(3), F.S. provides that an agent “may not…(4) exercise powers and authority granted to the principal as trustees or as court-appointed fiduciary.” This means that, if the POA […]
Read Article >>United States Space Force
The Florida Legislature recently amended references to the Armed Forces of the United States in the Florida Statutes to include the newly created “Space Force” as an official branch of the United States military. Of note, the amendment to Secs. 718.113(4) and 720.304(2)a, F.S., relating to Condominium and Homeowners Associations, allows that a Space Force […]
Read Article >>Undue Influence
When a will is challenged on the grounds of undue influence, the influence must amount to over persuasion, duress, force, coercion, or artful or fraudulent contrivances to such an extent that there is a destruction of free agency and willpower of the testator. A presumption of undue influence arises in favor of a will contestant […]
Read Article >>Capacity To Make A Will
The right to dispose of one’s property by will is highly valuable and it is the policy of the law to hold a last will and testament good wherever possible. To execute a valid will, the testator need only have testamentary capacity (that is, be of “sound mind”) which has been described as having the […]
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