Category: Probate and Trust Administration

What factors should I look for when naming a trustee?

Selecting a trustee for your trust is one of the most important decisions you will make when you embark on your estate planning journey. Your named trustee will be responsible for transferring assets within the trust to the beneficiaries...

How can I reduce the expense of probate?

If you pass away in the state of Florida, your assets will likely need to go through probate.  Probate is the court-administered process through which the validity of a will is established, assets are located, expenses settled, and the remaining proceeds...

How can I avoid probate in Florida?Wills and trusts both allow you to name beneficiaries who will receive your assets in the event of your death.  While wills and trusts share some of the same functions, there are several advantages of a trust as opposed to a will.  If you are setting out creating...

Intestate means having died without a will. If there is no will, each state has laws that specify who will inherit the property of the deceased (referred to as the "decedent" in probate proceedings), which are usually based on the closeness of familial relationships. In complex situations, intestacy can lead to unwieldy results, and...

How can I prepare for being the personal representative of an estate?

While being named as the personal representative (another way of saying executor or administrator) of a friend or loved one's estate may be an honor, it is also a serious responsibility. In fact, managing deceased person's assets can be complicated...

Will contests and probate litigation happen more often than many families realize. Disputes can drag on for months or years, draining estate assets and straining family relationships. While not every conflict can be prevented, there are proven steps you can take to reduce the risk of your will being challenged in Florida...

What is the Florida Fiduciary Access to Digital Assets Act, and why is it important?

On July 1, 2016, the Florida Fiduciary Access to Digital Assets Act took effect. "Digital assets" include electronic records like emails, texts, online photographs, and social media accounts. Before the passage of the Digital Assets Act, Florida, like...

If a couple is married for the first time with young children and are working on your estate plan, the decisions about where the assets go are usually easy. Most parents in that situation want their entire estate to go to the surviving spouse, and upon the death of the surviving spouse, equally to their...

When planning for the future, you may be wondering: What type of trust is right for me? Trusts are powerful estate planning tools, but they are not all the same. In Florida, two common options are testamentary trusts and living trusts. Each works differently when it comes to when the trust...