Black’s Law Dictionary defines a nuncupative will as a “will made by the verbal declaration of the testator, and usually dependent merely on oral testament for proof.” A Third District Appeals court in Florida recently ruled that oral wills, or nuncupative wills, that are not signed by the testator or…
We often receive calls regarding challenging a will or trust document. In Florida, before you can file a will or trust challenge, the contestant must renounce any benefit he or she receives under the document they are attempting to challenge. Reunification is an equitable doctrine in Florida. In 2013 the…
There was a recent appeal by a creditor who claimed they were known or an ascertainable creditor and did not actual notice to creditors (40 Fla. L. Weekly S517a). The estate filed a notice in the paper giving creditors 3 months to file a claim. The known creditor missed the…
Each probate case is different. Minuscule but crucial variables in a case can easily be overseen and the wrong type of administration for the decedent’s estate can be chosen. To avoid this, I suggest that you discuss the facts of your case with a probate and estate planning attorney before…
In Florida, a court appointed guardian is held accountable by the court system in multiple ways, thus safe guards have been put in place to protect a ward’s assets and health. Each year the guardian must file an annual accounting with the court, which is first reviewed by the clerk…
Guardianship of an Adult Obtaining the guardianship of an adult is not a long drawn out process as one might think. If everything goes smoothly and it is not contested by anyone, a guardian is generally appointed in roughly 30 days. Once you have obtained an attorney and a Petition…
Many women in today’s world stay single by choice, and for those women who are married, we know divorce rates are very high. Studies also show that women are far more likely to survive their husbands. Therefore, we advise all women to create estate plans as if they are a…
Avoiding probate is one of the main goals of estate planning because it saves money and time, so the beneficiaries can enjoy their inheritances sooner. However, avoiding probate has no effect on the taxes to be paid or the debts owed to creditors. One common misconception is that a person’s…
A special needs trust is a great tool to support a loved one with special needs, because if someone leaves money directly to the person it may keep the person with special needs from qualifying for government benefits. A Special Needs Trust is important because otherwise a beneficiary would most…
Long-term care is extraordinarily expensive, and the reality is that the majority of America’s senior care providers are in-home family members who provide those services out of the goodness of their hearts. These are usually family members that also have their own lives to live with careers and families of…