Articles Posted in Elder Law

I. Executive Summary Florida probate attorney fees depend on whether the proceeding is Summary Administration – usually the quickest and least expensive – or Formal Administration. Many factors will enter into the fees, including whether the probate is contested, is subject to estate and other taxes, involves the sale of real estate, and requires advice…

A common over-sight of persons moving to Florida is failing to take their trust. They may have packed their trust and taken it with them, but the trust situs remains in their original state. This is usually a mistake. The fact that a client has moved to Florida will not generally mean that the law…

Introduction The Florida legislature recently enacted the “Florida Power of Attorney Act” (“FPOA”, Fla. Stat. §§709.2101-.2402), fundamentally overhauling existing law, and making sweeping new changes. Even though the new law recognizes durable power of attorneys (“DPA’s) executed under the prior law, we are advising clients to update their DPA, if more than a year old,…

______ #1. Trust Funding. After we signed your trust, we reviewed the funding of your trust and I gave you detailed Funding Notes. Have you followed up on these instructions? Funding is simply the transfer of your assets into your trust. It is a good idea to annually review the funding of your trust. It…