The Florida probate lawyers at Clark Skatoff use the Florida Probate, Trust & Estate Blog to provide information and updates on trusts, guardianship, tax and estate planning issues affecting the residents of Florida.
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Whether or not a married couple establishes a bank account as a tenancy by the entirety account or as a joint tenancy with right of survivorship account is critically important, as demonstrated by Wexler v. Rich,--So.3d--, No. 4D10-4437 (Fla. 4th DCA February 22, 2012). Under Florida law, if...
In Florida probate administration, the probate rules permit the use of "Formal Notice" to notify beneficiaries and other interested persons of a specific action or request that has been made to the probate court. When an interested person petitions the Florida probate court, the...
A Florida probate court and the appellate court have dealt with a number of problems regarding the administration of a trust managed by JP Morgan Chase. The case has been extensively litigated, and the appellate court has recently issued its third opinion on the matter, in the case of Siegel...
Surviving Spouses in Florida receive certain entitlements in a Florida probate administration, including a minimum percentage of the estate (elective share), rights to a Florida homestead, support during the probate administration, and other benefits. Marital Agreements (Prenuptial and Postnuptial...
Notes from Heckerling - Pressing the "Do Over" Button: Strategies for Modifying Wills and Trusts after Formation
Title: Pressing the “Do Over” Button: Strategies for Modifying Wills and Trusts after Formation Presenter: Joshua S. Rubenstein Mr. Rubenstein opened his presentation...
The attorney-client privilege is the oldest confidential communication privilege in the Florida common law and is codified by statute and contained in the Florida Evidence Code, section 90.502, Florida Statutes (2011). The attorney-client privilege protects the contents of confidential...
New Rule Effective January 1, 2012 Clarifies What Orders Can Be Appealed in Probate and Guardianship Litigation
Florida Rule of Appellate Procedure 9.110(a)(2) currently governs what orders can be appealed in probate and guardianship litigation and authorizes appeals of "orders entered in probate and guardianship matters that finally determine a right or obligation of an interested person as defined by...
Many clients have or are considering using an irrevocable life insurance trust to minimize estate taxes. Assets properly held in irrevocable trust are not subject to estate tax. Annual gifts can be made to the trust to pay life insurance premiums, subject to beneficiaries’ rights of...
In a dramatic change from previous law, the Florida Legislature has enacted Florida Statute section 732.615 to allow the reformation of a will. Previously under Florida probate law, a trust could be reformed for a mistake of fact or law, but a will could not. The new statute allowing the...
On May 4, 2011, the Florida Legislature passed Senate Bill 670, which revises the power of attorney statute, Florida Statutes Chapter 709. Effective, as of October 1, 2011, power of attorneys will be subject to new rules. A power of attorney is a written instrument to which an...