Boyes, Farina & Matwiczyk

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Category: Blog

Reverse Mortgages May Be an Issue for Your Heirs

…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.

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

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COVID-19 Update

…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.

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Witnessing a Will – Florida’s Rules

…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. 

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Probate of a Lost Will in Florida

…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. 

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Black Lives Matter

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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Compliance with Settlement and Jurisdictional Considerations

The Third District Court of Appeal’s February 12, 2020 opinion in Metalonis v. Eastgroup Properties, Inc. provides jurisdictional considerations with respect to settlement of a lawsuit.

In Metalonis…, appeal was taken from the trial court’s order which granted Eastgroup Properties Inc.’s emergency motion to compel compliance with the settlement agreement entered into concerning a piece of real property. 

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Court Proceedings in Florida During the Coronavirus Pandemic

…Just this week, Florida Supreme Court Chief Justice Charles Canady issued an order (AOSC20-23, Amendment 1), which suspended jury trials through July 2, 2020, and directed the courts of this state to hold hearings and other proceedings by way of video conference or telephone.  These efforts are an extension of his previous suspension of jury trials, jury selection and grand jury proceedings through May 29, 2020, in an effort to try to prevent the spread of the Coronavirus at courthouses.

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New retirement legislation comes at a cost to inherited IRA beneficiaries: The Setting Every Community Up for Retirement Enhancement (SECURE) Act of 2019

…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. 

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As Near as May Be: The Cy Pres Doctrine

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.

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