Clearwater, Florida Estate Planning Blog
Settlement in Probate Proceeding? Magic Language Should be in the Order!
In a probate proceeding, the personal representative and beneficiaries may have a dispute and reach a settlement agreement to resolve the controversy. The terms of the settlement agreement must be drafted carefully and referenced in the order approving the settlement...
What should be in your will?
A will is the basic building block for any complete estate plan. It provides you with the opportunity to outline what you want to happen to your money and property after your passing. In addition to the distribution of estate assets, a will can contain terms that will...
Homestead… Red, Yellow or Green?
The concept of Florida homestead is one of the most difficult, if not one of the most important concepts to understand in estate planning. It has been called the legal chameleon because of the changing definitions of homestead depending on the context you are using...
Should I have a living will?
If you think of an estate plan as a tool merely for distributing your assets after your death, you are missing some very important elements that may also benefit you while you are still living. One of those elements is a living will. A living will is a kind of advance...
Who Has Standing to Object in Probate Proceeding?
In Duff-Esformes v. Mukamal, a trial court overruled an objection by a beneficiary of an estate. The beneficiary of the estate was also a beneficiary of the trust into which the estate "poured over". Nathan Esformes died in 2015. His beneficiaries in his will were...
Disgruntled Beneficiaries…. We All Know Them!
Many of us have experienced beneficiaries who want their money the day after the decedent dies! In a recent case, the court determined that the personal representative did everything right and, in fact, the disgruntled beneficiary created many of the issues. In...
7 signs you may need long-term nursing care
Thinking about long-term care is not something most people do until they begin to get older. Unfortunately, for many, this comes too late to make plans for paying for that very costly care. The National Association of Area Agencies on Aging assess that about 20% of...
Protecting the benefits your special needs child receives
From the time you learned that your child had special needs, your life’s mission was to protect him or her. It does not matter if your child’s disability occurred at birth or was the result of an injury or accident. You have provided whatever was necessary for your...
Last Minute Prenuptial… Time Enough to Waive Spousal Rights?
In Arlene Williams-Paris v. April Nelle Joseph...et al., Arlene ("Wife") appealed several probate orders that she waived rights to her husband's ("Decedent") estate. A year before their marriage, Decedent and Wife discussed making a prenuptial agreement and the...
Marital Settlement Agreement- Who Receives the Proceeds of the 401(k)??
In Lynn Martinez-Olson v Estate of Dan Olson, Lynn Martinez-Olson ("Lynn") divorced Dan ("Decedent") in 2017. As part of the marital settlement agreement (the "Agreement"), each party agreed that they would receive all benefits existing by reason of their employment...