We're thrilled to announce the opening of a new branch office on Amelia Island in order to better meet the estate planning and related needs of Northeast Florida residents! The office is located at 5211 South Fletcher Avenue.
If you’ve listened to me long enough, you’ve heard Cramer’s theory of what happens in contested probate proceedings: “The bully always wins.” Well, now that might change. Recent amendments to both the Florida Probate Code and Trust Code, which apply to all proceedings filed on or after July 1, 2015, provide ammunition for family members to fight back against the bully.
This newsletter begins a series discussing the impact of marriage on the legal rights of spouses to share in each other’s assets. We begin by talking about the “elective share” and the “pretermitted spouse.”
Sometimes blessings occur when we least expect them, but a lack of planning for such blessings can have unpleasant results. In the recent case of Maher v. Iglikova, a Florida court dealt with the ramifications of an unexpected blessing: the discovery of a previously unknown child.
Hopefully our faithful readers all know by now that there are many hazards to do-it-yourself estate plans. What you may not know is that trying to administer your loved one’s estate without legal help is just as treacherous. It is a great honor to be named as a loved one’s personal representative (executor) or trustee, but these roles come with great responsibility and many legal duties.
With the holiday season in full swing, you are likely thinking about and spending time with your loved ones, your “family.” Chances are, they are not all related to you by blood. Most of us have spouses, in-laws, stepchildren, stepparents, or even friends that we consider to be part of our family. Sometimes we are more tightly bonded with these people than with our actual blood relations.
A Personal Representative of an estate (“PR”) is personally liable for paying a decedent’s outstanding tax bills. This would include income taxes, gift taxes or estate taxes that may be owed by the decedent at the date of his or her death. For this reason, it is important that a Personal Representative engage a CPA, in addition to a probate attorney, for assistance in resolving potential tax issues.