Partner William (“Bill”) E. Boyes has been named to the 2020 Florida Super Lawyers in the area of Estate Planning and Probate. 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. He has been named to the Florida Super Lawyers for 15 consecutive years. Mr. Boyes is also a Fellow of the prestigious American College of Trust and Estate Counsel (“ACTEC”) and has been a member of the ACTEC Fiduciary Litigation Committee since 1997….
New retirement legislation was signed into effect just before Christmas, on December 20, 2019. Non-spousal beneficiaries of inherited IRAs are now required to withdraw all of their money within 10 years. Previously, non-spousal beneficiaries could opt to take only required minimum distributions over their life expectancy, potentially allowing the funds to grow tax-free for years. This is now not possible, due to the elimination of these “stretched” distributions.
Beginning in 2020, under the new Secure Act, non-spousal beneficiaries of IRAs are required to take the entirety of the funds within 10 years after the death of the initial account owner, and then close their account, regardless of tax consequences. …
Boyes, Farina & Matwiczyk, P.A. today announced Judy Daily has passed the Florida Certified Paralegal (FCP) exam offered by The Paralegal Association of Florida (PAF). The FCP designation complements the prerequisite national paralegal certification Daily earned from The National Association of Legal Assistants (NALA) in February.
“I have nearly three decades of experience in the legal field, but there is always more to learn,” Daily said. “Pursuing FCP certification was the next step to becoming more effective in my position….
The Third District Court of Appeal’s August 21, 2019 opinion in Reno v. Hurchalla, applied the cy pres doctrine from SPCA Wildlife Care Center v. Abraham, 75 So. 3d 1271 (Fla. 4th DCA 2011), reminding us again that a decedent’s intentions under this doctrine can be substituted by another plan which is believed to be as close to the original plan as possible if the original plan becomes impossible or impracticable of fulfillment….
This interesting Second District Court of Appeal opinion kept with the public policy of having a legal obligation to support a child, supporting the Florida Supreme Court’s longstanding decision of Bacardi v. White, 463 So. 2d 218 (Fla. 1985).
In Alexander, the father was the sole beneficiary of a special needs trust, established with funds from the settlement of a product liability action brought on the father’s behalf after he was catastrophically injured in a car accident as a minor….
This was a somewhat lengthy opinion from the Third District Court of Appeal, including the dissenting opinion. The trial court’s decision to, among other things, enjoin a party in a guardianship matter to attach (or even reference) the medical records of the alleged incapacitated person and also enjoin the parties (other than the alleged incapacitated person) from having ex parte communications with the court-appointed examining committee, was subject to review.
After the death of the alleged incapacitated person’s wife, Comprehensive Personal Care Services commenced a trust matter against the alleged incapacitated person (Milton), and his son Mark, regarding an irrevocable trust executed in 2011 by Milton and his late spouse. …
This recent Fourth District Court of Appeal opinion reminds us of the fundamental concepts of contract law as they relate to a decedent’s estate.
In Wilson, Marilyn Wilson and her late spouse, Paul Wilson, were married in 2011. Prior to their marriage, they entered into a prenuptial agreement, wherein the couple waived their right to an elective share. The prenuptial agreement did allow the couple to make testamentary gifts to each other, by way of will or codicil, and without invalidating the prenuptial agreement. …
Florida courts use the extraordinary remedy of imposing temporary injunctions only sparingly, and grant temporary injunctions only when the allegations proof of the facts support the entry of this relief.
“A party seeking a temporary injunction must prove: (1) that it will suffer irreparable harm unless the status quo is maintained; (2) that it has no adequate remedy at law; (3) that it has a substantial likelihood of success on the merits; (4) that a temporary injunction will serve the public interest.” Jouvence Ctr.…
The traditional standards for imposing injunctions or freeze orders apply in trust litigation matters. The Fourth District Court of Appeal’s opinion in McKeegan v. Ernst, 84 So.3d 1229 (Fla. 4thDCA 2012) was one of the first decisions along these lines. In McKeegan, Ms. McKeegan challenged the entry of an ex parte temporary injunction order imposed on a trust bank account. Ms. McKeegan argued that the temporary injunction order was facially deficient because it did not include sufficient factual findings to support each prong of the four-part injunction test….
The Second District Court of Appeal’s opinion in Ebeling v. Ebeling (June 7, 2019) reiterated this concept of trust construction.
In Ebeling, the trial court construed the terms of a trust to determine the entitlement to the trust’s assets. The trial court’s decision on distribution to contingent beneficiaries named in the trust rater than the decedent’s estate was reversed.
The trust was governed by Illinois law but that did not make any difference. …