Woman In Austria Destroys Cash To Prevent Inheritance

church and mountain view

Florida residents who are working on an estate plan may be interested to learn that a woman in Austria destroyed the equivalent of more than $1 million in cash in an effort to disinherit her heirs. However, it is much more difficult to disinherit family in Austria than in the United States, and the country’s […]

Importance Of Estate-Planning Documents

signing of legal document

A large number of Floridians put off planning their estate. When people do not plan, they can leave a lot of disorganization behind for their family members. There are some specific documents that are necessary to have in place in order to avoid confusion. When a person owns property jointly, that property will automatically pass […]

Understanding Health Care Advance Directives


Florida residents who are planning their estate might be interested in learning about health care advance directives. Besides expressing a person’s wishes for medical care in the unfortunate event they cannot speak for themselves because of a serious injury or illness, these legal documents have several other benefits, too. When it comes to long-term health […]

When It’s Time To Handle Estate Planning

Handle Estate Planning

While it is a good idea for all adults to have a will, there are certain times in people’s life when having a will becomes essential. If a person in Florida dies without a will, they are considered intestate, and not only will their assets be divided based upon state laws, if a person has […]

Common Questions About Guardianships For Minors

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 […]

Interested Person Properly Challenges Estate Administration Expenses

Duff-Esformes v. Mukamal

Duff-Esformes v. Mukamal, 332 So. 3d 17 (Fla. 3d DCA 2021) The appellant in this case, Elizabeth Ann Duff-Esformes, was the Decedent’s surviving spouse, one of two beneficiaries of the Decedent’s estate.  The other beneficiary was the residual beneficiary, the Nathan J. Esformes Living Trust, to which the appellant was the sole beneficiary as well.  […]

Florida’s Elective Share Overview

Elective Share Overview

In Florida, one cannot completely disinherit their spouse.  The right to a surviving spouse’s estate is called the elective share, which is thirty percent (30%) of the decedent-spouse’s estate.  Fla. Stat. 732.2065.  Indeed, a decedent’s surviving spouse is entitled to four different rights which come into play in the absence of a valid prenuptial or […]

Appointing a Trustee? Consider a professional.

professional trustee

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.  […]

Unclaimed Property and Florida Probate

Unclaimed Property

Unclaimed or abandoned property refers to financial assets which have not had contact with its owner, are unknown or lost, or have been left inactive or not generated any activity by its owner, or are otherwise somehow unclaimed or abandoned by its owner.  Some common types of unclaimed property include bank accounts (both checking and […]

No Will? Who is to be the Personal Representative?

Intestate Estate

In an intestate estate – i.e., an estate in which the Decedent died without having a will – the state of Florida’s Probate Code statutes dictate how the Decedent’s assets will be distributed. Assuming the Decedent was married, the surviving spouse typically is the one appointed as the personal representative.  Next in line would be […]