A probate court has the authority to appoint someone to serve as personal representative other than the statutorily entitled person to serve, if, on evaluating a person’s fitness to serve, it makes appropriate findings.

In this recent Third District Court of Appeal opinion, the trial court’s decision was reversed because it failed to make such requisite findings. Here, the decedent and his wife were married for just four days before the Decedent died. The Decedent’s father filed a petition for Administration, seeking appointment as the estate’s Personal Representative….

As the new year begins, and rather than wait for a life event to happen when you wish you had looked at your estate plan, now is a great time to review your current financial and estate plans. Even your plan that is just a few years old may be outdated, and so it may be time for an update.

For example, you may start planning for any gifts you wish to make in 2019. An individual now can give up to $15,000 to each recipient, without any limit on number of gifts;…

While the holiday season may be the busiest time of year, it’s a great time to take a look at your financial and estate planning.

As the year comes to an end, consider making gifts to lower your tax liability, and start planning for any gifts you might want to make during the next calendar year. In 2018, individuals can give up to $15,000 to each recipient, with no limit on the number of gifts. Married couples can combine their gifts, allowing them to give up to $30,000 to each individual….

Several states and foreign jurisdictions recognize the concept of “community property.” Community property generally consists of any property purchased during a marriage, as well as any income received or debts incurred. However, it generally does not include assets or debts acquired before the marriage, or inheritances or gifts received by one spouse during the marriage. When a spouse dies, the survivor is entitled to half of any assets falling within the community property guidelines.

Florida is not a community property state, but state law provides that assets qualifying as community property in other jurisdictions be recognized as such when a spouse passes away….

When constructing an estate plan, it is important to consider any art and collectibles. As anyone who’s watched an episode of Antiques Roadshow has seen, these items don’t have to be original Picassos to be monetarily valuable. Many people are unaware of the true worth of their pieces, over- or undervaluing them based on sentiment, family lore, or just plain lack of information.

The IRS defines collectibles as works of art, rugs, antiques, metals, gems, stamps coins, alcoholic beverages, or “other tangible personal property the IRS determines is a collectible.” In other words, a collectible could be anything from a sculpture to a comic book to a bottle of wine….

It’s a commonly known fact that about half of marriages will end in divorce. Certain matters are easily overlooked during this stressful process, but updating estate planning documents should not be one of them.

Under current Florida law, upon dissolution of marriage, any inheritances that would have gone to an ex-spouse will be nullified. This is true of documents such as wills and trusts, and also of certain “non-probate assets.” Non-probate assets pass to a named individual upon the grantor’s death, and may consist of property such as life insurance policies, retirement accounts and pay-on-death accounts….

The State of Florida allows residents to possess certain firearms and accessories that are regulated under Title II, Class 3, of the National Firearms Act. These items include, for example, machine guns, silencers, and short-barreled shotguns and short-barreled rifles. Historically, gun trusts were used as a way to avoid the process of applying to the for an owner’s permit. These applications had to be certified and submitted to the Bureau of Alcohol, Tobacco and Firearms (ATF) by a city or county Chief Law Enforcement Officer (CLEO), some of whom were reluctant to do so….

Roughly sixty-eight percent of American households own a pet. Since most pet lifespans are shorter than the average human, many people will own several pets during their lifetime. So when it comes to estate planning, who’s going to take care of the cat may be the last thing on a person’s mind. However, providing for the care of animals is an important step when planning for the future.

Florida law provides for the creation of pet trusts. Previously, some owners would use a will to leave their pets to a friend or family member, and possibly designate funds for the pets’ care….

Boyes, Farina & Matwiczyk, P.A. today announced Attorneys Duane L. Pinnock and Adam C. Sabocik have been named Partners. Attorney Zachary Rothman and Paralegal Dawn Wiggins join the firm’s estate planning, administration and litigation team.

A Florida Super Lawyers Rising Star™ in Trusts and Estate Litigation and a Florida Trend “Legal Elite: Up and Comer,” Duane Pinnock is Florida Bar Board Certified in Wills, Trusts and Estates. In 2016, the Florida Bar appointed Mr….