Matthew Shapiro, Author at Rice Law Firm

The Rights of a Surviving Spouse: Part Two

March 6, 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 during probate administration. The policy behind family allowance is to private ongoing financial support, for those who need it, while a decedent’s assets are tied up in probate.

By Matthew Shapiro

The Rights of a Surviving Spouse: Part One

February 6, 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. They include the right to inheritance as a “pretermitted spouse, family allowance, elective share, homestead, and preference in appointment as personal representative. For part one of this multi-part blog, I will address the concept of a pretermitted spouse and family allowance.

By Matthew Shapiro

Is Silence Golden? The Case for Sharing Your Estate Plan

December 6, 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 Will, who has been omitted, and who has work to do if they want to stay off the naughty list?

By Matthew Shapiro

Using Beneficiary Designations to Avoid Probate

October 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 deceased person. Probate is by no means a terrible undertaking, but it can be costly and time consuming. The good news is that not all assets need pass through probate.

By Matthew Shapiro

The Intersection of Probate and Wrongful Death Claims

June 6, 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.

By Matthew Shapiro

The Human factor in Condo Safety

July 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 on condominium law (I have the thinning hair to prove it), I would say this catastrophe is merely a symptom of the greater disease – a broken system asking too much from its directors.

By Matthew Shapiro

Is the Gift Valid?

June 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 example would be a son finding his way onto mom’s bank account despite mom’s Will leaving everything to daughter. Does brother have a right to keep the claimed gift?

By Matthew Shapiro

Fraudulent Marriages and Post-Death Challenges

January 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 is pretending to love them or care for them with the ulterior motive of gaining a quick inheritance.

By Matthew Shapiro

Testing for Testamentary Capacity

December 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.”

By Matthew Shapiro

Who Can Serve as Personal Representative?

June 5, 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.

By Matthew Shapiro

Our office will be closed on Thursday July 4th and Friday July 5th for the 4th of July Holiday.

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Author: Matthew Shapiro