Category: Firm News

In January 2023, Elvis Presley’s only daughter, Lisa Marie, died.  Multiple online news sources subsequently reported that Lisa Marie’s mother, Priscilla Presley, filed documents in a California court alleging that Lisa Marie’s 2016 Trust Amendment is invalid.  More specifically, online news sources reported that the trust amendment contains a misspelling of Priscilla’s name, there was a failure to notify Priscilla of the trust amendment, the signature of Lisa Marie looks atypical, and there is a lack of witnesses and notarization on the document….

There are a handful of reasons why a Florida trust might be terminated.  Often a trustee no longer wants to serve as a trustee or the beneficiaries no longer want a trust, but the trust may indeed terminate by its very terms.  In other words, the trust may have an expiration date. …

Sometimes clients inquire about adding their children’s names to the deeds on their homes – thinking this plan would avoid probate or perhaps in an effort to protect the home from claims, even if the home is protected homestead.  Generally speaking this may not be a good idea. 

One reason is that, upon death, your assets receive what is called a “step up” in basis – basis is a tax term which describes the amount of income received when an asset is sold, i.e., the original purchase price. …

The recent case of Estate of McKenzie through McIntosch v. High Rise Crane, Inc., 326 So. 3d 1161 (Fla. 1st DCA 2021) emphasized that a personal representative’s powers relate back and have the same effect as those occurring after a personal representative’s appointment. 

Specifically, the First District looked at the “relation back doctrine” as set forth in Fla….

Generally speaking, a personal representative is charged with a fiduciary duty to administer the estate for the interest of its beneficiaries, and is required to observe the same standards of care as trustees.  Fla. Stat. 733.602(1).

A personal representative’s duties are set forth in the Florida Probate Code (Fla.

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.

Partner John Farina is once again a recipient of the prestigious AV Preeminent® peer review rating from Martindale-Hubbell, which he has held since 1995. The AV Preeminent® rating is the highest level of professional excellence and ethical standards an attorney can receive from the national attorney peer review rating service.

Partner William Boyes has once again been appointed to The American College of Trust and Estate Counsel’s (“ACTEC”) Fiduciary Litigation Subcommittee, where he has served on both the Fiduciary Litigation and Evidence subcommittees since 1997.

ACTEC is a national organization of more than 2,500 lawyers and law professors who are elected to be Fellows based on their outstanding reputation, exceptional skill, and substantial contributions to the field by lecturing, writing, teaching and participating in bar activities….

Attorneys’ fee awards in guardianship cases are governed by Florida Statute 744.108, allowing for attorney fees rendered for services provided to either a ward or to the guardian of a ward.  This statute provides, in relevant part:

744.108 Guardian and attorney fees and expenses.
A guardian, or an attorney who has rendered services to the ward or to the guardian on the ward’s behalf, is entitled to a reasonable fee for services rendered and reimbursement for costs incurred on behalf of the ward.…

…A trustee stands in a fiduciary or confidential relation to another, holds the legal title to property, but maintains it in trust for the benefit of another.  The trustee owes a fiduciary duty to that other person, i.e., the beneficiary.

Because the trustee is holding the trust property for the benefit of the beneficiary, the law imposes fiduciary duties upon the trustee.