What is Fiduciary Litigation?
Trusts have trustees. Probate estates have personal representatives. Those who are incapacitated or incapable of acting for themselves (like children) have a legal guardian or conservator. What do all these…
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3 Possible Signs of Estate Mismanagement
Estate mismanagement is more common that you might expect, whether accidental or intentional. Florida law requires a personal representative (also known as an “executor” or “administrator”) to carry out a…
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Children Born After Your Will is Executed: What Happens Now?
Questions about children born after your Will is signed? Let’s say you are a conscientious person, so you diligently have an estate plan, including a Last Will and Testament (“Will”)…
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2 Benefits of a Spendthrift Trust and 3 Exceptions to the Rule.
One of the aims of a comprehensive estate plan is to help individuals address the needs of their families. Spendthrift Trust Overview Not every beneficiary is capable of handling an…
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4 Different Types of Florida Wills
When thinking about developing a comprehensive estate plan, a Last Will and Testament (“Will”) almost always comes to mind. And for good reason. Wills are certainly an important part of…
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3 Things to Know About Florida Gun Trusts
A gun trust is an important consideration for gun lovers and collectors who are thinking about their estate planning, because owning firearms presents a serious problem. Why? Because the law…
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A Look at Second Marriages and Florida Estate Planning
According to statistics, the divorce rate in the United States in 2020 (excluding California, Hawaii, Indiana, Minnesota, and New Mexico) for every 1,000 people was 2.3. While that is lower…
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Are Oral or Handwritten (Holographic) Wills Valid in Florida?
As an estate and probate lawyer in Plantation Florida, Samantha J. Fitzgerald is often asked whether oral or handwritten Wills are valid in Florida. Many people wait a bit too…
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3 Things to Consider When Deciding How to Own Rental Property.
If you own rental property, it can be a great investment. But being a landlord comes with its own set of complications and risks. Top among them are tax implications…
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2 Lifestyle Factors of a Testator That May Disprove Undue Influence
In many probate litigations, a testator’s Last Will and Testament (“Will”) or a trust can be subject to a claim for undue influence. What Is Undue Influence? Undue influence is…
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