News & Analysis as of

DIY Will is a 'Cautionary Tale'

The Florida Supreme Court Case of Aldrich v. Basile may serve as a cautionary story that online pre-printed forms that allow a user to essentially fill in the blank may not address the specific needs of the individuals using...more

It’s Not Too Late to Use Your Spouse’s Unused Estate Tax Exclusion

In Revenue Procedure 2014-18 the IRS provided an extension of time to those who wished to be sure that a decedent’s surviving spouse could benefit from the concept known as “portability”. In the Procedure, the IRS provides...more

5 Estate Planning Mistakes You Should Try to Avoid

In your experience, what’s the most costly mistake people make when preparing estate plans, and what can they do to fix them? That’s the question we recently put to attorneys writing on JD Supra....more

What’s The Best Way To Pass On A Restaurant At Death?

Most restaurant owners want to provide for their families when they die and protect their assets from liability. However, there are issues if the owner just conveys the real estate in a Will. ...more

When Wills are Contested

Skilled estate planning is essential for ensuring your assets are handled properly and your wealth maximized while you are alive, and for directing the flow of your wealth after you pass away. A well-crafted will is central...more

What Happens When Someone Dies Without a Will in CA?

Thorough estate planning is essential for ensuring your property is distributed according to your wishes and avoiding unnecessary taxes and delays in distribution. Nevertheless, many people put off estate planning until it is...more

Estate Planning After Divorce

A good estate plan should be flexible and structured to account for foreseeable life events. However, even the best estate plan cannot accommodate every turn your life may take. Periodic review and tweaking of an estate plan...more

Probate v. Non-Probate: What Is the Difference?

When planning your estate it is important to understand the difference between probate and non-probate assets. Probate is the process through which a court determines how to distribute your property after you die. Some assets...more

Lottery Winner Without A Will Dead After Cyanide Poisoning

According to a sensational report, the widow of a Chicago lottery winner who was poisoned with cyanide fought with the man’s siblings over control of his estate. The battle included a fight over his nearly half a...more

Thinking Of Establishing Florida Residency? What To Consider Before Changing Your Legal Residence

Many clients whose family circumstances and employment situation permit them to spend in excess of six months every year in Florida may elect to become Florida residents. The biggest advantage, compared to being Michigan...more

Estate Planning Update: Make Sure to Address Social Media

Think twice before guffawing over the idea of addressing social media in your will. Not only can it make life easier for your survivors, a social media will is recommended by the United States Government....more

Common Estate Planning Misconceptions

Like many areas of law, estate planning is rife with confusion. And it is often misunderstanding that leads to costly mistakes — mistakes that can produce negative effects now or in the future. However, misconceptions...more

Steps to Making Your Will

You probably know you need a will, but do you know what a will is? A will, also called a last will and testament explains your final wishes and instructs how you would like them carried out. A will can do many things...more

Common Reasons for Probate Litigation

When someone dies, the probate process begins. Probate typically involves identifying and inventorying the property of the deceased, appraising the property, paying off debts and taxes, distributing the property according to...more

Florida statute provides confidentiality in disputes involving wills and trusts

Which American president was the first to incorporate arbitration as a dispute resolution method in his will? Every lawyer swears an oath to maintain the secrets of clients. This is the client’s guarantee that when he...more

Confused About the Difference Between a Will and a Trust?

If you are confused about the difference between a will and a trust, you are not alone. Both documents help protect families and indicate who will receive certain assets and make decisions upon a family member’s death....more

Will Omissions: The Right Way to Disinherit

In some situations, you may want to disinherit an individual who may normally expect to inherit a portion of your estate. This can be an extremely delicate situation. There are a lot of reasons to leave a person out, some...more

The Devil in the Details: Drafting Your Will, Part II

We took an initial look at the considerations you must make when putting your will together in The Devil in the Details, Part I. Here are some more items you must think about: - Plan for your beneficiaries future...more

The Devil in the Details: Drafting Your Will, Part I

A will is only as good as the thought that went into preparing it. What this means is that a hastily drafted will probably won’t reflect the desired intentions of its maker. On the other hand, a will that is the product of...more

Where There’s A Will, Is There Always A Way?

After their respective divorces Anita Will married Shelby A. Reck in Oklahoma. At the time each had a child and an Oklahoma home from their former marriages. Following the blissful event each adopted the other’s child, they...more

Lessons from Tony Soprano’s Estate Plan

James Gandolfini, a/k/a Tony Soprano, died unexpectedly at the age of 51. Not that we should all take money management lessons from a TV mobster, nor should we take guidance on estate planning from him, but the death of a...more

Making Changes To Your Will

If you had a will drafted several years ago, you may have had several major life changes occur since then. Life happens, right? Maybe you got divorced, or maybe a previously favored niece that you were leaving a lot of...more

When are “No-Contest” Clauses Enforceable?

We are often asked about in terrorem clauses or “no-contest” clauses in wills or trusts. Can they be enforced? Under what conditions? Can a contesting party really lose everything? Does a contesting party put anyone else’s...more

Minimum Requirements for Drafting a Will

You know that you need a will and maybe you’ve been putting it off for years. Now that you’re finally ready to have your will drafted, what do you need to include and what are the requirements?...more

What is a Social Media Will?

A government publication called the Consumer Action Handbook refers to the preparation of a social media will. Many people have online accounts of various types. What happens to them when you die?...more

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