News & Resources

Trust Administration versus Probate—What’s the Difference?

Most people elect to create revocable trusts during their lifetime in conjunction with their last will and testament, so they can avoid a probate of all or part of their estate at their death. But what is the difference between administering a trust at the grantor’s death or probating the assets? Any asset titled in the name of an individual as trustee can be administered and distributed at the grantor’s death much more simply, quickly […]

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Planning for Potential Future Diminished Capacity

In the United States, roughly 13% of the total population (or 40 million people) are 65 or older. Of these, about 30% have some form of cognitive disability. Further, about 39% of individuals 85 years and older are so afflicted. Luckily, with the help of your attorney and a little planning for the future, there are legal steps that can be implemented to provide family members the ability to maintain critical aspects of their loved […]

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FAQs about Florida Probate

For most people, probating an estate is uncharted territory that brings up many questions and concerns. Here are a few of the frequently asked questions our office receives. What is “Probate”? The term “probate” is used to describe the court-supervised process of proving the validity of a will, gathering and distributing the decedent’s assets, paying of estate expenses, and filing and payment of taxes. For the different types of probate administrations and their approximate length […]

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Required Minimum Distributions Part 3 – Death of IRA Owner

We have discussed the basics of Required Minimum Distributions (RMDs) and how to use them to fund charitable giving. But what happens when a family member passes away owning an IRA? While dealing with the death of a parent, the parent’s retirement account is the last thing on your mind. But careful thought should be given when a family member passes away with a retirement account, especially if that family member was already receiving RMDs […]

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Probate Administration in Florida

Life can be a whirlwind after the death of a loved one, especially when one is unfamiliar with the legal system and what is required to get assets properly transferred to beneficiaries. We began our series to help you get through this difficult time with our previous post discussing “here to begin”. This article will serve as a guide to the different types of probates in Florida and the requirements for each type of proceeding. […]

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Trustee Misbehaving – Part 2: Fireable Offenses

In the last post, we talked about the role of Trustee in general, as well as the importance of a Trustee fulfilling his or her obligations to the trust and its beneficiaries. This week, we’ll elaborate on what each Trustee owes to the beneficiaries of the trust being managed. The obligations placed on an individual acting as Trustee are commonly known as “fiduciary” duties. In the context of a trust, the Trustee and trust beneficiaries […]

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