Quitclaim Deed Lawsuits

| January 1, 2018

In Florida, quitclaim deeds are one of the most common deeds to transfer real estate.  (Other common deeds include general warranty deeds, special warranty deeds and personal representative deeds.) This is because a large number of transactions involving quit claim deeds are interfamily transfers (marriage, divorce, probate, etc.) The person signing a signing a quit […]

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’s New Power of Attorney Law and Epidemic of Family Members Exploiting Elders and Seniors: What Do You Need to Know?

| August 23, 2012

The story that we covered about the new study showing rampant abuse of seniors by their own family members is getting lots of media attention, which is good.  National news coverage of the “epidemic” in America today, where elders and senior citizens are being financially victimized and having money and property taken from them by […]

New Study: Exploitation of Elderly By Family Members is American Epidemic Well Known Here in South Florida: What Can Happen When Seniors Are Preyed Upon

| August 21, 2012

Last week, the Investor Protection Trust released its latest research study and it’s sadly not a big surprise for those who represent the elderly and seniors here in South Florida:  according to the IPT, “theft or diversion of funds or property by family members”  – that’s right, family members – is the number one way […]

What Is Undue Influence in Florida?

| January 13, 2010

In South Florida, especially, the law is particularly sensitive to the many distinct abuses that may be perpetrated against the elderly, including physical mistreatment, neglect and undue influence. To be sure, undue influence is much harder to spot than physical mistreatment and neglect, and is even harder to prove in a court of law. The […]

Does the Client Have the Capacity to Sign Florida Estate Plan Documents? Wills and Powers of Attorney.

| April 15, 2009

I am often faced with estate plan clients who display signs of lacking capacity to execute estate documents, including Florida Wills, Trusts and Powers of Attorney. Through my experience, I have a compiled list of indicators that I look for when determining if a client lacks capacity or is being Unduly Influenced.  Those indicators include: […]