Boyes, Farina & Matwiczyk

561.694.7979

Notables

After a gamer dies, where do his or her video game accounts and purchases go?

Mobile games and video games are popular and even in-game purchases have become nearly commonplace.  You may wonder what happens to these accounts and these purchases after death. 

A patent which was applied for in 2019 by Tencent Holdings has been recently granted.  This patent, among other things, deals with the inheritance of digital assets. …

Read More

Are life insurance proceeds subject to probate?

Short answer? No. But there are exceptions, of course.

Death benefits which are payable under your life insurance are not considered estate assets. This means they will not be distributed pursuant to your last Will. 

This may mean that, if you are not careful, your life insurance proceeds may go to the wrong people….

Read More

Too young for a power of attorney? Think again.

You just turned 18, and you are headed off to college hundreds of miles away from your parents. You are excited for classes to begin, and the worst thing imaginable happens. You are in an accident, in the hospital, unconscious. Your parents get a phone call from a roommate or friend to tell them. 

Read More

Notice to Creditors in a Florida Probate

A notice to creditors is a newspaper publication. It is a public announcement in the county where the decedent died.  This announcement is done by the appointed personal representative (through their lawyer), which is done to alert or give notice to a decedent’s potential creditors about the death and that there is a probate proceeding which is presently being administered. …

Read More

What does it mean to be a fiduciary, and what does it look like to breach fiduciary duties?

A ward’s guardian, an estate’s personal representative, and trustees of trusts are all considered fiduciaries within the guardianship, probate, and trust administration processes.  Fiduciaries are held to a high ethical and legal standard. They are charged with the obligation to manage the property of the ward, or the estate, or the trust, for the best interest of the beneficiary of such property.  …

Read More

Partners William E. Boyes, John Farina & Peter Matwiczyk Selected to 2021 Super Lawyers

Boyes, Farina & Matwiczyk, P.A. today announced partners William (“Bill”) E. Boyes, John Farina, and Peter Matwiczyk have been named to the 2021 Florida Super Lawyers™. For the 16th consecutive year, the recognition is in the areas of Estate Planning and Probate for Mr. Boyes. Mr. Farina and Mr.

Read More

What to do about Retrieving Digital Assets – Particularly Apple iCloud Stored Information

One often wonders what happens with our social media accounts and digital information, such as photos, after death.  Photographs used to be kept in physical photo albums, but now they are kept on our phones, posted on social media, and/or stored in “the cloud.”  Our social media accounts are used to keep track of milestones, big events, and even the day-to-day of our ordinary lives, by way of photos and videos….

Read More

What if you don’t like the nominated personal representative and believe there’s a conflict that would prevent their appointment?

The trial court cannot refuse to appoint the nominated personal representative of an estate based on an alleged conflict where the record contains no competent substantial evidence from which the court can conclude that there is a conflict of interest.  See Werner v. Estate of McCloskey, 943 So.

Read More

Examining Committee Reports in a Contested Incapacity Proceeding

If you have sought the determination of capacity and the appointment of a guardian with respect to a loved one by filing the appropriate petitions with the guardianship court, and these petitions are contested, you should be cognizant of this trap with respect to the examining committee reports. 

When a petition to determine incapacity is filed, the guardianship court will appoint an attorney for the alleged incapacitated person, appoint 3-person examining committee to meet with and evaluate the alleged incapacitated person, and schedule a hearing on the petition to determine incapacity….

Read More

Safeguards in Probate to Protect the Decedent’s Family: Exempt Property & Family Allowance

Among others, Florida’s Probate Code includes two particular safeguards to protect a Decedent’s surviving spouse and children – the exempt property and the family allowance. These two things are intended to provide immediate relief to the surviving spouse and children during the estate administration period, without having to wait for the three-month long creditor claims period to expire….

Read More

wills-trusts-estates
business-litigation
actec
legal-specialty-certification
super-lawyers
distinguished
asla-logo