Every trustee of a Florida Trust may have a fundamental duty to keep the trust’s beneficiaries informed of the administration of the trust. Florida Statute Section 763.0813 provides that a trustee must keep the qualified beneficiaries of the trust “reasonably informed of the trust and its administration.” The statutes do…
A will or trust is one of the essential documents that every person should create. These documents dictate how a person’s assets should pass after death to a personal representative or a trustee. However, will and trusts are sometimes contested by family members when the documents are legally invalid, or…
Florida medicaid Liens. Florida residents that suffer from injuries caused by another person are lucky because they can often pay costly medical bills through Medicaid if they qualify for coverage. Medicaid is a government assistance program that provides long-term health coverage to those with low income and few assets. It…
Estate planning is important to prepare for potential memory loss. Studies show that memory loss is one of the most common ailments that an older person experiences as they begin to age. Memory loss is often a sign of early dementia, and those that suffer from dementia may not be…
Can a Marriage be Prevented in Florida? We often get questions about whether the Fundamental Right to Marry Extends beyond Incapacity? The state constitution of Florida offers every citizen basic fundamental rights. One of the most important of these rights is a Florida resident’s fundamental right to marry. The right…
Elder law is one of the most important legal fields in Florida because it helps address the unique needs of this state’s large elderly population. One of the growing concerns in the legal community is the rise of elder abuse. The abuse is frequently under-reported, and worse, the abusers are…
For a trust to be legally valid, it must have six elements. One of these required elements is that the settlor of the trust, or the person that creates the trust, must intend to create the trust. For a court to recognize this element, there must be a manifestation of…
A Florida Asset Protection Trust Is a Great Gift for an 18-Year-old that can be used for the rest of their life. Almost every parent can remember the way he or she felt on the day their child turned 18. It’s the day their son or daughter takes their first…
Florida’s 3rd District Court of Appeal held on October 26, 201 that an estate planning attorney must break the attorney-client privilege for deceased client must by testifying in a will contest trial for undue influence. The trial court ordered the attorney to testify, and the attorney refused. The attorney appealed…
Today I received a copy of a recent Florida’s 4th District Court of Appeal dealing with a remainder beneficiary and a the ability to demand an accounting from a revocable trust before the death of a grantor. John J. Pankauski Sent me a well-written summary of the Case from October…