Including Cryptocurrency in Your Florida Living Trust: A Practical Guide from a Florida Attorney
As digital assets such as Bitcoin, Ethereum, and other cryptocurrencies become more common, Florida residents need to consider how these assets fit into a comprehensive estate plan. Unlike traditional assets, cryptocurrency exists only in digital form and is accessed through private keys, seed phrases, or online accounts. Without proper planning, these assets can be permanently […]
How to Be Notified of a Probate: Florida Attorney Explains the Benefits of Filing a Caveat
When a person passes away, loved ones are often left with questions about assets, debts, and whether a probate is necessary. However, loved ones are not always the only people who may want to be made aware when a person (known as the “decedent”) passes. For instance, creditors (i.e., a person, financial institution, or other […]
What is the Difference Between a “DNR” and a Living Will?
By Kaytlin M. Keen A Do Not Resuscitate Order, commonly known as a “DNR,” and a Living Will are two commonly executed legal documents that ensure the medical care preferences of a patient are documented and honored. What is a DNR? A DNR is a specific medical order written by a physician or physician assistant […]
What Is the Difference Between a Personal Representative and a Trustee?
By Blakely S. Moore and Kaytlin M. Keen Quick Answer A personal representative administers a probate estate, while a trustee administers a trust. Both are fiduciaries with duties of prudence, loyalty, and good faith, but they operate under different laws and processes. What Is a Personal Representative? A personal representative (sometimes called an “executor” or […]
What to Do If All Copies of a Trust Instrument Have Been Lost: A Florida Attorney Explains
By Kaytlin M. Keen Are you missing the original copy of a trust? Do not panic! This is not uncommon and fortunately, an experienced attorney can help you establish a lost trust. Under Florida law, it is possible for a person to enforce a lost trust instrument, so long as certain conditions are met. While […]
What is a Testate Estate?
By Kaytlin M. Keen and Blakely S. Moore When someone passes away, their estate (i.e., their property, assets, and debts) need to be distributed according to the deceased person’s (known as a “decedent”) wishes. Often this means opening a probate. There are two primary ways this can happen: through testate and intestate proceedings. When a […]
PTM Trust and Estate Law – Spotlight on Sandra Darley
By Attorney Kaytlin Keen When navigating a real estate closing, it is hard to overstate the value of having someone you trust handling the details. That is exactly why Sandra Darley has become such a respected name in our local real estate world. As the owner of Lake Area Title Services, Inc. for nearly 11 […]
Can a Tithe or Gift to a Church result in a Medicaid penalty?
Yes, gifts to churches can result in a Medicaid penalty. However, in many cases, proving a consistent, long-term pattern of giving can rebut the penalty. What is a Medicaid Lookback Penalty? Medicaid is intended for the needy, not those who can easily pay for their own care. Because of this, having too many assets can […]
Understanding Claim Splitting in Florida Law
By Attorneys Blakely S. Moore and Kaytlin Keen Claim splitting is a term used in civil litigation that refers to when a plaintiff “splits” one lawsuit into multiple lawsuits, thereby using the same cause of action to seek damages in different lawsuits. The doctrine was explained by Florida’s Second District Court of Appeal in Harllee […]
A Guide on How to Store Your Will
Guest post by Michael Merhar of Merhar Law, PLLC You have done it! You stopped procrastinating, went to a wills and trusts attorney, had a will drafted, and properly executed it, ensuring your legacy is protected. Mission accomplished, right? Almost. While most people know it is a good idea to have a will to make […]