What is a Revocable Trust?

A Revocable Trust is also known as a Living Trust. It is a legal document that is created by you (or you and your spouse) to manage your assets, such as real property and investments during your lifetime and distribute the remaining assets after you pass away. The person that creates the Revocable Trust is […]

Who Can Serve As Personal Representative In Florida?

When a Formal Administration probate is opened in Florida, the Estate must be represented by a person.  In Florida that person is usually called the “Personal Representative” but this is synonymous with the terms “Executor” and “Administrator”. The Personal Representative acts on behalf of the Estate after the Judge issues what is called the “Letters […]

What Is The Difference Between A Power Of Attorney And A Durable Power Of Attorney?

This is an interesting question that I am often asked in my Estate Planning consultations. The answer is, a Power of Attorney will terminate once the principal becomes incapacitated. A Durable Power of Attorney is a special kind of Power of Attorney that will not terminate if the principal becomes incapacitated. Instead, the Durable Power […]

What is Probate?

Probate is the legal procedure for identifying and acquiring the assets of the decedent, paying their debts, and distributing the decedent’s assets to his or her designated beneficiaries or heirs at law. Many people are confused when they have to start the probate process because they believed having a valid Last Will and Testament would […]

What is a “Lady Bird Deed”?

A Lady Bird Deed is also known as an Enhanced Life Estate Deed.  These types of deeds are very popular in the state of Florida for a variety of reasons. In certain situations, these types of deeds can be an effective tool to have your Florida real property avoid probate. A Lady Bird Deed does […]

Estate Planning Tips

People often ask me for quick tips on Estate Planning. Being an Estate Planning Lawyer and a Probate Lawyer gives me an advantage when drafting Estate Planning documents because I know what mistakes people usually make and what pitfalls to avoid. Here is a very concise list of some quick tips. ACCOUNT BENEFICIARY DESIGNATIONS: This is […]