Boynton Beach Legal Blog
What constitutes a lack of capacity for those planning an estate?
Most adults in Florida have the option of creating an estate plan. They can draft documents arranging for the support of their loved ones and describing what should happen to their property when they die. The Florida probate courts expect the personal representative...
How do wills and trusts differ?
An adult who is creating an estate plan is faced with many decisions. One of these involves determining how to better ensure that their assets are passed down to their intended recipients effectively. While it’s possible to give some assets away before they pass away,...
When should someone make changes to their existing estate plan?
Those who have created thorough estate plans are already ahead of the proverbial curve. It is quite common for adults to procrastinate about estate planning, a choice that might eventually mean someone dies without an estate plan on record. For those who have created...
How do irrevocable trusts work in an estate plan?
Irrevocable trusts are an important tool in estate planning because they offer a range of benefits to the creators of the trusts and their beneficiaries. Unlike revocable trusts, irrevocable trusts can’t be altered, amended or terminated once created absent the...
When is there risk of undue influence on an estate plan?
There are only a handful of legal reasons for those who have lost a loved one to challenge the deceased’s estate plan. Contesting a will in probate court can only occur when someone has a viable justification for doing so. Sometimes, family members can prove to the...
Understanding fiduciaries in estate planning
Estate planning is essential for safeguarding your financial future and the well-being of your loved ones. Fiduciaries are crucial in managing and distributing assets for incapacitated or deceased individuals. Fiduciaries are legally bound to prioritize the best...
How to proceed as an executor for your parent’s will
In Florida, serving as the executor of your parent’s will involves many responsibilities. It also involves certain legal obligations and can become a significant and challenging role. Understanding the job details can help you approach it with a prepared mindset,...
Everything you need to know about suing an executor in Florida
Florida laws hold executors to high standards when they make decisions or act on behalf of an estate. They are bound by what is known as "fiduciary duties" to always act in the best interests of the estate and its beneficiaries. If an executor fails to follow these...
Who can contest a will in Florida?
When a Florida resident passes away, their estate will likely go through a process called probate. During probate, the last will and testament is validated and the estate’s creditors are paid before assets are distributed to the decedent’s heirs. Wills can be...
Estate planning during tough economic times
The U.S. economy regularly experiences recessions and other periods of decline. While there is not much most of us in Florida can do to prevent economic downturns, we can control how we react to them. There are things we can do to minimize the damage to our personal...