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What is Elder Law?

Elder Law is a legal specialty focusing on the needs of the elderly, the disabled, and their families. It includes estate planning, wills, trusts, durable powers of attorney and advance directives, arrangements for care, social security and retirement benefits, protection against elder abuse and other concerns of the elderly and disabled. As more people live longer it has become an increasingly important field. Click here to read more »

Can my Will be contested?

Yes, there are reasons your Will can be contested after your death. It is important to consult an attorney and have proper advice so that your Will can survive a challenge. Lack of capacity or undue influence by another individual at time of execution are common reasons for challenging a will after your death. Click here to read more »

What Is a Living Trust?

A Living Trust is an arrangement established by a person or persons called a Settlor(s) or a Grantor(s) under which one person(s), called a trustee(s), holds legal title to property for another person or person, called a beneficiary(s). You can be the Settlor, trustee and beneficiary of your own trust and retain full control over all property held in trust. A “living trust”, also called an “inter vivos trust”, or “revocable living trust”. It is simply a trust created while you are still living, as opposed to a “testamentary trust” which is included in your Will and becomes effective upon your death. Click here to read more »

What is a “Pet Trust”?

Pets are an important part of our lives and families. In Florida, there is statutory authority to establish a trust so that your pet will be cared for after your death. Pet Trusts are not just for furry family members, but can also include reptiles, birds, horses, and other animals you own that will need provision and a caring home after your death. Click here to read more »

What is Guardianship?

Guardianship is generally defined as a process where a court rules an individual incapable of overseeing his or her own affairs and appoints someone else to manage these affairs. The incapacitated person is known as the “ward”. The person appointed to manage the ward’s affairs is the “guardian”. There are situations where only a portion of the ward’s affairs, such as finances or health care, is controlled by the guardian and a limited guardianship is appropriate. There are different types of guardianships and an attorney should be consulted to determine which, if any, are appropriate for the situation. Click here to read more »

Why is Probate necessary if I have a Will?

Probate is necessary when someone die owning assets titled only in the decedent’s name with no beneficiary named.  Probate serves several purposes. The court must make certain your Will is valid. A Personal Representative (executor) must be appointed to administer your estate as directed in your Will. The Personal Representative has no authority appointed by the court. until The court process is called probate. The Probate administration provides a method of paying creditors and taxes in a timely and accurate manner and distributing the assets to the beneficiaries you have designated. Click here to read more »

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