The Use of Artificial Intelligence in Litigation
Attorneys are using AI in their practices to create documents, contracts, and deposition outlines, do legal research and discovery document review, and compose emails. Attorneys must take care, however, to ensure the accuracy of their work product when they use AI.
Florida Family Allowance
In Florida, during the pendency of the estate administration, a surviving spouse and the decedent’s lineal heirs are entitled to what is called a “family allowance” for their maintenance during the administration. This is set forth in Fla. Stat. 732.403, which states: In addition to protected homestead and statutory entitlements, if the decedent was domiciled […]
Appointing a Trustee? Consider a professional.
A trustee is charged with protecting and investing trust assets and administering those assets per the terms of the trust agreement for the benefit of the trust’s beneficiaries. See Fla. Stat. 736.0801 et seq. While this sounds like a basic premise, there are some important functions which a trustee must do in their fiduciary role. […]
Pet Trusts – Considering the What Ifs
Pets become members of your family. You love them dearly, care for them and want to be sure they are also loved and cared for if they survive you after you die. You may wish to consider including provisions for them in your estate plan. If do not have provisions for your pet in your […]
Adult child – Helping a Parent or Unduly Influencing?
As more and more middle-aged children are caring for their elderly parents, their roles include managing and dividing finances. This may be more pronounced in the state of Florida in light of the great elderly population. This may lead to issues with respect to estate planning, especially if the elderly parent has diminished mental capacity, […]
What does it mean to be a fiduciary, and what does it look like to breach fiduciary duties?
A ward’s guardian, an estate’s personal representative, and trustees of trusts are all considered fiduciaries within the guardianship, probate, and trust administration processes. Fiduciaries are held to a high ethical and legal standard. They are charged with the obligation to manage the property of the ward, or the estate, or the trust, for the best interest […]
Common Questions About Guardianships For Minors
For Florida parents with children under the age of 18, the naming of a guardian for minor children is an important part of an estate plan. Generally it is relatively simple to nominate a guardian and even though it may be difficult to talk about, a guardianship plan should not be put off. In this […]
Gift Tax The Focus Of IRS Investigation
Recently, the Internal Revenue Service has begun cracking down on gifts among family members that have not been reported. People who live in Florida and elsewhere are required to report such gifts on a Form 709. This form is known as a United States Gift Tax Return. It must be filed for transfers of property […]
Guardianship Cases Shows Hallmarks Of Estate Planning Concerns
Readers in Palm Beach Gardens may be interested in a recent court ruling touching on the issue of guardianship where Alzheimer’s disease may be a factor. While the court decision comes from Guam and has no formal legal precedent in the United States, its reasoning may be of some import to judges in this country […]
Story Of Rosa Park’s Estate In Probate Demonstrates Need For Early Estate Plan
When Rosa Park’s passed away in 2005 at age 92, she had a small estate but left an enormous and indelible mark on history. Before her death, Rosa Park’s created an estate plan that assigned all of her personal belongings to a charitable organization called the Rosa and Raymond Parks Institute for Self-Development. A close […]