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 >>
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 […]Read Article >>
The Essential Components of A Basic Estate Plan
Every person should have a plan in place to make sure that matters are handled in the way he or she desires upon his or her death or disability. Over the years, I have determined that there are six essential components to a basic estate plan. These components not only handle what happens to your […]Read Article >>
That Was Supposed to be My Inheritance!
Most of us can think of an instance where a loved one makes a last-minute change to their estate planning documents, leaving someone who was once a beneficiary with nothing. This can be a scary, confusing, and emotionally troubling time; especially if it seems that this change was not made as a result of the […]Read Article >>
How Can the Court Protect Estate Assets?
A probate court has the inherent jurisdiction to monitor the administration of an estate and to take such appropriate action as it may deem necessary to preserve the assets of the estate for the benefit of the ultimate beneficiaries. The court has the authority to issue temporary injunctions freezing assets claimed to belong to a […]Read Article >>
Can I Contest A POD Designation On A Bank Account?
There are many transfers of wealth at the time of death through POD (Pay on Death) and TOD (Transfer on Death) designations on bank accounts. Such distributions are outside of a probate or trust administration. A question often posed to us is “Can I challenge a POD designation made on a bank account by my […]Read Article >>