Trust Undue Influence: Whitney Houston, Bobbi Kristina, and Undue Infuence on a Trust Beneficiary

| November 1, 2012

Whitney Houston prepared an estate plan long ago, back when her daughter Bobbi Kristina was born: she executed a Will that contained something called a Testamentary Trust.  She did this because she had numerous assets that she wanted to protect and she wanted to insure the financial future of her daughter.  Because of her planning, […]

Florida Trust Contests: Jenos Pizza Rolls and Michelina Italian Foods Founder Jeno Paulucci’s Death Provides Great Example of Trust Contests in Florida Arising From Deaths Occuring in Other States

| October 25, 2012

Have you ever tried a Jeno’s Pizza Roll? Or maybe had some Chun King canned Chinese food or opted for some frozen Italian Michelina’s fare, with a movie at home with the kids? Well, then, you’ve contributed to the fortune of Jeno Paulucci, the founder of these food product lines.  Minnesotan Jeno Paulucci was an […]

New Florida Law May Void Beneficiary Designations in Divorces: Florida Statute 732.703 and End of Life Planning for Divorced Couples and Those Thinking of Divorcing

| October 23, 2012

There’s a new law here in Florida that people need to know about – especially if they are divorced or in the midst of getting themselves divorced here in Florida and that law is Florida Statute 732.703.  You can read the law as written on the books by the Florida Legislature online here. The important […]

Florida Quiet Title Actions and Mortgage Termination Suits: Why Are Title Insurance Companies Wary in Florida of Issuing Title Insurance Policies?

| March 27, 2012

Last Update: 02/24/16 Last week, the Sun Sentinel published an article that pointed out how one title insurance underwriter was advising its members, i.e., Florida title insurances agents, regarding “mortgage terminator” judgments and the problems associated with those lawsuits.  Seems the title insurance agents are being warned against issuing title insurance policies now because of […]

Year End Planning: It’s Important for Florida Baby Boomers to Have End of Life Documents That Are Valid Under Florida Law (New Poll Shows 70% Americans Do Not Have This Done)

| December 6, 2011

It’s that time of year again, when travel plans are made and gifts are bought … and for those handling the family finances, there are those end of the year planning considerations: things like finalizing charitable donations to be made for the 2011 taxable year. Unfortunately, as a recent poll confirmed what many Florida probate lawyers […]

Don’t Procrastinate in Getting Your Will Written: What Does Florida Law Say About Who Gets What if You Die Without a Valid Will (You May Not Like It)?

| November 15, 2011

In Florida, just like every other state in the country, no one can die without title to their property being affected by state law.  It’s primarily to insure that land, stocks, bonds – things like that – are never without proper legal ownership. State laws also extend to personal property, too (the sofa, the jewelry, […]

Major Changes to Florida Laws Mean More Florida Probate Lawsuits Will Be Filed – You May Need to Review Your Will Documents Now.

| September 13, 2011

The Florida Legislature has been very active this past year in passing all sorts of major changes to existing Florida probate laws. The law makers have been doing this in several areas; however, one area of major change that is going to impact almost every Floridian involves the recent law changes involving wills and inheritance […]

Florida Living Trust – Trustee’s Duty to Inform Beneficiaries

| August 28, 2009

A Florida revocable trust is an estate plan document where one person, the trustee, holds legal title of specific assets for the benefit of another, the beneficiary, and where the settlor, the person creating the trust, creates the trust for a legal purpose. A trust can only be created for presently existing interests in property […]

How to Protect Assets from Beneficiaries’ Creditors’ Claims

| April 9, 2009

Clients who approach me to write their wills are often concerned with arranging their assets so as to maximize their protection against claims from their intended beneficiaries’ creditors. Luckily, Florida law favors such “asset protection planning.” A client may, for example, set aside money or property for his beneficiary in a “spendthrift trust.” A “trust” […]