Everyone should have a living will. But some people try to use a living will by itself to prepare for incapacity, and …
Generally, a special needs trust will not reduce your supplemental security income (SSI) benefits. However, some special needs trusts will allow for …
No, as long as the trust beneficiary is alive, Medicaid cannot take money from a special needs trust that is properly drafted …
The most effective way to revoke a Florida lady bird deed is to transfer your property to a third party. It is …
A special needs trust is useless until it has been funded. After all, the trust cannot pay for anything until it has …
What happens to a special needs trust after the beneficiary dies depends on the type of special needs trust. For a third-party …
The ultimate goal of both disability trusts and supplemental needs trusts is to make the trust resources unavailable to the disabled individual …
What is probate? Probate is a court-supervised process that takes place after you die. Probate involves naming a personal representative, paying your …
No, a trust cannot be a trustee of another trust. However, the trustee of one trust may also act as the trustee …
Other than death, an estate plan is useful for incapacity. An estate plan can put people in place to make both financial …
No, a spouse does not automatically inherit everything in Florida. A spouse is entitled to some portion of the estate, but not …
No, an inter vivos trust is not necessarily the same thing as a revocable trust. However, some inter vivos trusts are also …
Yes, a lady bird deed should be recorded with your county’s clerk of court. The recording is not a legal requirement, but …
Yes, a corporation or LLC can avoid probate in Florida. However, this is not done automatically. To avoid probate, you must either …
Medicaid cannot take your life insurance policy while you are still alive. However, if your estate is the beneficiary of your life …
A trust is a single document that might plan for your death or incapacity, whereas an estate plan is a collection of …
In a discretionary trust, the trustee has complete discretion over how, when, and whether to make distributions to beneficiaries. In other words, …
Yes, a trust is legally binding if it is executed correctly and the trust is irrevocable. However, if the trust is revocable, …
No, a Florida will does not need to be recorded to be validly executed. However, your will is typically submitted to a …
After you die, your living trust will be taken over by your successor trustee, who will manage the trust according to the …
Nearly everyone needs a last will and testament. As an estate planning attorney, I can say that with confidence. But the will …
A will can give access to a bank account unless that account has a joint owner or a pay-on-death beneficiary. If the …
No, a will does not need to be signed on every page to be valid. However, signing or initialing every page of …
Yes, the special needs trust can be updated as long as the trust document allows for the trust to be decanted. However, …
Yes, your special needs trust must be approved by the Social Security Administration if you receive supplemental security income. Why does my …
Yes, a notary can witness a will in Florida. However, the notary cannot both witness and notarize the same will. Who can …
No, cremated remains are not part of the probate estate in Florida. In section 497.607 of the Florida Statutes, it is established …
No, a will is not required to be notarized in Florida. However, it is almost always advisable to include a self-proving affidavit …
