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Monthly Archives:February 2019

4th DCA: What’s a “qualified beneficiary” and why should trustees care?

February 20, 2019

Under Florida’s Trust Code there are two classes of beneficiaries, and which class you fall in is a big deal.

As defined in F.S. 736.0103(4), the term “beneficiary” refers to the entire universe of persons who have a beneficial interest in a trust, as well as to any person who has a power of appointment over trust property in a capacity other than as trustee. For purposes of this definition it’s immaterial whether the beneficial interest is present or future, vested or contingent, or whether the person having the interest is ascertainable or even living….

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Judy Daily Achieves Paralegal Certification National Association of Legal Assistants Certified Paralegal, Celebrates 20 Years with Firm

February 13, 2019

Judy Daily has recently achieved her national paralegal certification from The National Association of Legal Assistants (NALA). Recognized by the American Bar Association as a designation of a high level of professional achievement, the Certified Paralegal (CP) credential signifies that a paralegal is capable of providing superior services to law firms, corporations and their clients.

“I pursued my paralegal certification to deepen my knowledge in the field of law,” Daily said. “The rigorous program required copious amounts of self-discipline and an intensive study regimen that has made me more confident and effective in my position.”

A paralegal and assistant to Partner John Farina, Daily has over 26 years of experience in the legal field, 20 of them with Boyes, Farina &…

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Rizk v. Rizk, 2018 WL 631228 (Fla. 3d DCA Dec. 4, 2018)

February 7, 2019

Issues surrounding wills executed outside of the state of Florida, or even outside of the country, may present an interesting analysis on whether the will can be determined valid in Florida.

In this recent opinion from the Fourth District Court of Appeal, the Decedent’s brother was a Haitian native, and just a few months before his death, he prepared a will pursuant to the dictates of Haitian law. Per the court’s opinion, this requires the testator to dictate the will to a Haitian notary, who transcribes it and reads it back to the testator, after which the will is signed by the testator, a notary, and 4 witnesses, and the original will is registered by the notary with the Haitian Tax Office and the notary keeps the original….

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