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News/Blog

Teachers and Estate Planning in the COVID Era

October 5, 2020

School districts across the country are now faced with further unprecedented tests – beginning a new school year in the middle of the COVID-19 global pandemic.  With millions of confirmed cases in the United States, including hundreds of thousands of fatalities, it is undoubtedly concerning for teachers to go back into the classroom in fear of their own health and safety, even with some degree of remote or distance learning.  It is beyond heartbreaking for teachers to be feel forced between the career they chose and love and their health and safety. …

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Reimbursement for Estate Related Expenses: Negedly v. Smith, 286 So. 3d 341 (Fla. 5th DCA 2019)

September 18, 2020

After the proper presentation of claims against a decedent’s estate, it is then a personal representative’s duty to pay valid claims to the extent of the funds and assets of the estate which he or she has in his or her hands, subject, of course, to the decedent’s debts.

It is a personal representative’s obligation to ascertain the propriety and existence of the decedent’s debts and pay (and/or settle) those debts. Payment of a claim depends on the circumstances of the case and the intent of the parties, as well as other elements necessary for a valid payment. …

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Estate Planning for New Parents

September 8, 2020

Amid buying baby clothes, diapers, and toys, setting up a nursery, and managing the sleepless nights of new parenthood, estate planning may not be on the list of priorities for new parents.  What about considering how a child’s everyday needs would be met if they pass away: making sure they have well-balanced meals, seeing doctors for checkups, and getting a good education?  Admittedly, it is an uncomfortable thought, but nevertheless important to address through estate planning.

Estate planning is often bigger than just wills and trusts. …

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Partner John Farina Receives AV Preeminent Highest Rating from Martindale-Hubbell

September 1, 2020

Partner John Farina is once again a recipient of the prestigious “AV Preeminent” peer review rating from Martindale-Hubbell. The “AV Preeminent” rating Mr. Farina has held since 1995 is the highest level of professional excellence and ethical standards an attorney can receive from the national attorney peer review rating service. The rating signifies that an attorney’s colleagues and the judiciary perceive him to be at the pinnacle of professional success.

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Anderson v. Letosky — So.3d — (Fla. 2d DCA May 27, 2020), 2020 WL 2745559

August 20, 2020

Does renting a room in a homestead property destroy the unique protections of a Florida homesteaded property?  The Second District Court of Appeal said no. Homestead property which is rented to tenants loses protection from creditors (and therefore the homestead exemptions) if the rented portion contains completely separate living quarters or common areas, such as separate living rooms and kitchens, and can be divided by imaginary horizontal or vertical lines, such as duplexes and triplexes.

In Anderson, the Decedent died owning a 4 bedroom house. …

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Soldatich v. Jones, 290 So. 2d 497 (Fla. 4th DCA January 22, 2020)

August 6, 2020

Florida guardianship lawyers often encounter cases involving financial exploitation of the elderly or exploitation of a vulnerable adult. Attorneys receive calls from concerned friends or relatives regarding an elderly loved one being financially exploited or abused. What can you do, and how to know when you need an experienced guardianship lawyer?

Many times, cases that involve the exploitation of an elderly or vulnerable adult involve those with diagnoses of Alzheimer’s disease, dementia, or other memory or cognition-related issue….

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Reverse Mortgages May Be an Issue for Your Heirs

July 29, 2020

A reverse mortgage may initially seem to be a good way to convert home equity into immediate cash, and without the need for making monthly mortgage payments. Before considering a reverse mortgage, however, you should consider speaking with your accountant, financial advisor, and estate planning attorney to fully evaluate the tax and estate ramifications.

The amount of money that a homeowner can borrow is based on the equity in the home, the homeowner’s age, and the applicable interest rate. …

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Bill Boyes Named to 2020 Lawyers of Distinction

July 20, 2020

Partner Bill Boyes has been selected to the 2020 Lawyers of Distinction list. Lawyers of Distinction award winners represent the top 10% of attorneys in the United States and are chosen for their excellence in the practice of law through a rigorous evaluation and screening process led by the Lawyers of Distinction selection committee, which utilizes a U.S. Provisional Patent.

Bill Boyes has been Board Certified by the Florida Bar in Wills, Trusts and Estates for more than 30 years, and has been AV rated by Martindale-Hubbell for over 35 years….

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Lefkowitz v. Schwartz, — So. 3d —, 2020 WL 3115998 (Fla. 5th DCA June 12, 2020)

July 15, 2020

This recent Fifth District Court of Appeal opinion reversed the trial court’s decision to impose a constructive trust over assets that were appropriately part of the Decedent’s estate.

In 2011, during the course of Decedent’s marriage to her daughter Lauren, Arlene Schwartz (the appellee, hereafter, “Schwartz”) loaned the Decedent and Lauren $260,000 for the purchase of a condominium.  The Decedent formed an LLC to own and manage the condominium, ultimately purchased the condominium in his name and then transferred it to the LLC….

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COVID-19 Update

July 9, 2020

Effective noon today, July 9, 2020, and until further notice, Boyes, Farina & Matwiczyk will work remotely amid South Florida’s emergence as a COVID-19 epicenter.

Remote working does not impact our ability to serve your legal needs. It does protect you, our staff and visitors. All needs for in-person, in-office meetings will be addressed on a case-by-case basis.

Should you have any questions, please reach your attorney or paralegal via phone or email….

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