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…
In March, the Florida governor approved a new law called the Florida Fiduciary Access to Digital Assets Act, which allows the loved ones of a decedent to access any digital assets he or she may have owned before death. This allows loved ones to access the recently deceased’s text messages,…
One question the most frequent questions our Jacksonville estate planning lawyers receive is how long does a probate case in Florida take? Often the best answer to how long a Florida Probate Case takes is “it depends.” The answer usually depends on how vast and complex the decedent’s estate is…
This year the Florida Probate Rules Committee has a added a few new rules to the Probate Code. Many of these rules are minor amendments to the old rules or clarifications of previously vague language. The biggest change to the code was the addition of a separate rule for Guardian…
The general rule in estate planning is that if something is not in writing it usually will not be legally valid. For instance, Florida law requires a Will or trust must be in writing to be effective. However, one question we often receive is if a promise to create a…
Florida offers some of the strongest homestead protection laws in all of the United States. When a resident of Florida dies, the law protects the surviving spouse and minor children from becoming homeless by preventing the decedent from giving his or her estate to someone else through a Will or…
Florida Trust Code & the Florida Long Arm Statute There are many estate planning benefits for creating a revocable or irrevocable trust in Florida. Trusts can help our Jacksonville clients avoid probate, efficiently manage assets, save money on estate taxes, and protect assets. A person can create a trust in…