Your last will and testament is one document regarding your death, whereas an estate plan is a collection of documents regarding your …
Yes, you can name the same person to be both the personal representative of your estate and the trustee of any trusts …
What is a residuary estate? The residuary estate is all property not specifically left to someone in a last will and testament. …
Yes, you may name one of the beneficiaries of your will to also be your personal representative. In fact, this is commonplace. …
A declaration of trust is the instrument that creates a trust. It is also commonly called a “trust document.” Is a declaration …
A Florida last will and testament will not be probated or enforced if it has not been signed by the testator or …
No, a living will does not need to be notarized in Florida. However, it is often wise to have the document notarized …
What is a “No Contest” or “In Terrorem” Clause in a Will or a Trust? A “no contest” clause is a portion …
Income is moved into a qualified income trust by transferring the income into the trust bank account before the last day of …
No, in Florida, a personal representative does not need to be a family member or spouse, as long as the personal representative …
Yes, you should include your funeral wishes in your Florida will. But you should also communicate your burial wishes to loved ones …
The location of your domicile is incredibly important for estate planning. The state in which you reside determines the laws under which …
Yes, a revocable trust can continue after the death of the of the settlor (the person who created the trust). However, if …
No, generally the personal representative is not allowed to alter or ignore a validly executed last will and testament. However, if all …
Yes, unless the terms of the trust say otherwise, a revocable trust can be revoked by will in Florida. Revoke a Trust …
No, Florida does not recognize common law marriages entered into after January 1, 1968. But if you entered into a common law …
Yes. Because railroad survivor benefits come from the federal law and not from the estate of the deceased, the benefits are not …
A Florida lady bird deed, also called an enhanced life estate deed, can be a useful estate planning tool. In fact, the …
Can you give away your assets to qualify for Medicaid? If a disabled individual’s assets are worth too much to qualify for …
A common planning technique for those seeking to avoid triggering the lookback penalty is to spend down assets until the applicant’s assets …
A first-party special needs trust is a special needs trusts created with the assets of the person applying for government benefits.[1] When …
Third-party special needs trusts are trusts funded with assets that the government benefits applicant had no legal right to at the time …
In Florida, one spouse generally may not disinherit the other. The surviving spouse is entitled to an elective share of thirty percent …
A spendthrift clause “restrains both voluntary and involuntary transfer of a beneficiary’s interest.”[1] Simply put, a spendthrift clause protects the assets of …
First-party special needs trusts are irrevocable trusts funded with assets belonging to the individual receiving government benefits. However, transfers to irrevocable trusts normally …
The Florida lady bird deed (also called an enhanced life estate deed) is not the same thing as a quitclaim deed. However, …
Yes, Florida is one the five states that allow lady bird deeds. A lady bird deed (also called an “enhanced life estate …
In Florida, the Next of Kin Law governs inheritance when someone dies without a will. The term “next of kin” refers to …
