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Category:Blog

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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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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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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Witnessing a Will – Florida’s Rules

June 15, 2020

The witness requirements to a will are clear and are set forth in Fla. Stat 732.502, that the testator must sign or acknowledge his signature on the will in the presence of two witnesses and that the attesting witnesses must sign the will in the presence of the testator and in the presence of each other.  The issue of “presence of a witness” as required by Fla. Stat. 732.502 is discussed in Simpson v. Williamson, 611 So….

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Probate of a Lost Will in Florida

June 8, 2020

Creating a will gives a testator the ability to ensure that his or her wishes are carried out after death, and ideally the testator will have a plan for safekeeping that original will.  This often includes having the nominated personal representative, and perhaps a trusted person or two, knowing where the original will is kept.  Unfortunately, the original will may go missing.  The testator may lose it, forget where he or she kept the original, did not understand the importance of keeping the document, or even perhaps it was inadvertently thrown away.  …

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Black Lives Matter

June 5, 2020

We support peaceful protest as the catalyst to real change.
We agree Black Lives Matter.
We reject racism and brutality in all forms.
We are better together.
We must be.

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