Boyes, Farina & Matwiczyk

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Notables

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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Judy Daily Named Florida Certified Paralegal – Paralegal Association of Florida

…Boyes, Farina & Matwiczyk, P.A. today announced Judy Daily has passed the Florida Certified Paralegal (FCP) exam offered by The Paralegal Association of Florida (PAF). The FCP designation complements the prerequisite national paralegal certification Daily earned from The National Association of Legal Assistants (NALA) in February.

“I have nearly three decades of experience in the legal field, but there is always more to learn,” Daily said.

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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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Alexander v. Harris — So. 3d — (Fla. 2d DCA May 17, 2019)

This interesting Second District Court of Appeal opinion kept with the public policy of having a legal obligation to support a child, supporting the Florida Supreme Court’s longstanding decision of Bacardi v. White, 463 So. 2d 218 (Fla. 1985).

In Alexander…, the father was the sole beneficiary of a special needs trust, established with funds from the settlement of a product liability action brought on the father’s behalf after he was catastrophically injured in a car accident as a minor.

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Wallace v. Comprehensive Personal Care Services, Inc. — So.3d — 2019 WL 260741744 (Fla. 3d DCA, June 26, 2019)

…This was a somewhat lengthy opinion from the Third District Court of Appeal, including the dissenting opinion.  The trial court’s decision to, among other things, enjoin a party in a guardianship matter to attach (or even reference) the medical records of the alleged incapacitated person and also enjoin the parties (other than the alleged incapacitated person) from having ex parte communications with the court-appointed examining committee, was subject to review.

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Wilson v. Wilson – 4th DCA, August 14, 2019

This recent Fourth District Court of Appeal opinion reminds us of the fundamental concepts of contract law as they relate to a decedent’s estate.

In Wilson…, Marilyn Wilson and her late spouse, Paul Wilson, were married in 2011.  Prior to their marriage, they entered into a prenuptial agreement, wherein the couple waived their right to an elective share. 

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Temporary Injunctions in Estate, Trust and Guardianship Litigation

Florida courts use the extraordinary remedy of imposing temporary injunctions only sparingly, and grant temporary injunctions only when the allegations proof of the facts support the entry of this relief.  

“A party seeking a temporary injunction must prove: (1) that it will suffer irreparable harm unless the status quo is maintained;

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Freeze Orders in Trust Litigation Cases

The traditional standards for imposing injunctions or freeze orders apply in trust litigation matters.  The Fourth District Court of Appeal’s opinion in McKeegan v. Ernst, 84 So.3d 1229 (Fla. 4thDCA 2012) was one of the first decisions along these lines.  In McKeegan…, Ms. McKeegan challenged the entry of an ex parte temporary injunction order imposed on a trust bank account. 

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Plain Meaning of the Trust is What Governs

The Second District Court of Appeal’s opinion in Ebeling v. Ebeling (June 7, 2019) reiterated this concept of trust construction.

In Ebeling…, the trial court construed the terms of a trust to determine the entitlement to the trust’s assets.  The trial court’s decision on distribution to contingent beneficiaries named in the trust rater than the decedent’s estate was reversed.

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Homestead Orders are Permissive

In the Fifth District Court of Appeal’s recent opinion in Mullins v. Mullins…, June 7, 2019, the court reversed the probate court’s decision, holding that a will established the interest in the real property and not a homestead order from the probate court.

The will that was admitted to probate in this case devised the decedent’s property to her three children, giving a life estate to her two sons. 

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