Boyes, Farina & Matwiczyk

561.694.7979

Notables

Senopoulos v. Senopoulos, 253 So. 3d 1228 (Fla. 3d DCA 2018)

…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.

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2019 Estate Planning

…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 Even your plan that is just a few years old may be outdated, and so it may be time for an update.

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New Year’s Resolution – Review Your Finances and Estate Plan

…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.

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Timing Matters with Community Property Claims

…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.

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Taking Stock of Artwork & Collectibles

…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.

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Updating Estate Planning Documents Upon Divorce

…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.

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Pet Trusts

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.

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Adam Sabocik Named Partner, Certified Paralegal Dawn Wiggins Joins Firm

…Boyes, Farina & Matwiczyk, P.A. today announced Attorney Adam C. Sabocik has been named Partner. Certified Paralegal Dawn Wiggins joins the firm’s estate planning, administration and litigation team.

Adam Sabocik, with the firm since 2008, has achieved an “AV Preeminent” peer rating from Martindale-Hubbell.  Mr. Sabocik focuses his practice in the areas of probate and trust litigation, guardianship litigation and administration, and estate planning and administration.

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Choosing Appropriate Guardians of the Children

…The possibility of being unable to care for one’s own children is difficult to envision, but it should be addressed during the estate planning process. Selecting personal guardians who will assume responsibility for the upbringing of children is a decision that must be carefully considered.

A personal guardian should, of course, be a trusted friend or family member.

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