The Rights of a Surviving Spouse: Part Two
Mon, Mar 06, 2023
The second of several rights enjoyed by a surviving spouse (absent a proper, formal waiver) is that of “family allowance.” Family allowance is the concept that the surviving spouse and certain “lineal heirs” of the decedent the are entitled to money... Read More
The Rights of a Surviving Spouse: Part One
Mon, Feb 06, 2023
Clients and their children are often shocked to learn that a surviving spouse has certain minimum rights to the deceased spouse’s property under Florida law. These rights exist by virtue of marriage and can only be waived in a very particular manner... Read More
Is Silence Golden? The Case for Sharing Your Estate Plan
Tue, Dec 06, 2022
The holidays are here. A time for family, for friends, and for gathering around the table to feast. But what would a gathering be without certain taboo topics? No, not politics. I’m talking about inheritance and estate planning. Who is in the Wi... Read More
Using Beneficiary Designations to Avoid Probate
Fri, Oct 21, 2022
When it comes to estate planning, the primary goal of most clients is to eliminate the need for probate. Although a jack of all trades, probate is primarily a court proceeding designed to lawfully transfer certain assets previously owned by a deceas... Read More
The Intersection of Probate and Wrongful Death Claims
Mon, Jun 06, 2022
Under Florida law, a personal representative (sometimes referred to as an “executor”) has a duty to pursue a wrongful death action on behalf of the decedent’s estate and the decedent’s survivors. There are two key takeaways from this edict. Read More
The Human factor in Condo Safety
Tue, Jul 13, 2021
Following the tragic collapse of Champlain Towers South in Surfside, substantial scrutiny will be applied to the condominium association’s board of directors, and perhaps rightfully so. But as an attorney who focuses a large portion of his practice o... Read More
Is the Gift Valid?
Thu, Jun 11, 2020
It is not uncommon for me to come across clients who claim that family members wrongfully received property from a loved one prior to their passing. This “gift” often contravenes provisions founds within a decedent’s Last Will and Testament. An exa... Read More
Fraudulent Marriages and Post-Death Challenges
Tue, Jan 28, 2020
Family members can become vulnerable. This can be hard to accept, but oftentimes those we love fall ill or otherwise reach an advanced age where their mental capacities are diminished. They do not recognize that they may be a target for someone who... Read More
Testing for Testamentary Capacity
Wed, Dec 11, 2019
Florida law requires that a person be of “sound mind” in order to make a Will. This is also known as having “testamentary capacity.” Read More
Who Can Serve as Personal Representative?
Wed, Jun 05, 2019
The personal representative, sometimes referred to as executor, is the person appointed by the court to be in charge of the administration of a deceased person’s probate estate. Read More
