21Jul, 2019

Can a Personal Representative Be a Beneficiary of a Will?

July 21st, 2019|Estate Planning|

willIn Florida, the person who is appointed to administer a deceased individual’s estate is referred to as the decedent’s “personal representative.” While personal representatives have a number of obligations, they have some important rights as well. This includes the right to receive a share of the decedent’s estate if they have been named as a beneficiary in the decedent’s will.

In fact, not only is it […]

8Jul, 2019

Does Guardianship Override Parental Rights?

July 8th, 2019|Family Law|

Appointing a guardian for a minor child is a legal process that can have varying consequences for the guardian, the child, and the child’s biological or adoptive parents. There are a few different forms of guardianship under Florida law, and in all cases, the guardian’s rights and responsibilities are determined by the specific terms of the court order establishing guardianship. As a result, in order to […]

21Jun, 2019

Late-Life Divorce: What Factors Do I Need to Consider?

June 21st, 2019|Family Law|

Recent data show that older couples are divorcing at a higher rate than at any other time in our nation’s history. According to an article on Forbes.com, “In the 1990s, only 1 in 10 people over age 50 were divorced. Currently, 1 in 4 people are going through grey divorces, and the rates may double in the near future.”

While getting divorced involves many of the […]

8Jun, 2019

How Do You Obtain Equal Timesharing Post-Divorce?

June 8th, 2019|Child Custody|

As the parent of a minor child, obtaining custody rights is likely to be among the most important aspects of your divorce. In recent years, traditional custody and visitation schedules (e.g., the children live with one parent the majority of the time and visit their other parent every other weekend) have become less popular than they once were. And today, many parents focus their efforts […]

21May, 2019

How Do Courts Determine a Settlor’s Manifestation of Intent?

May 21st, 2019|Probate Proceedings|

Under Florida law, the “terms of a trust” determine how assets placed into a trust are to be managed and distributed at the time of the settlor’s death. Section 736.0103(21) of the Florida Trust Code defines the “terms of a trust” as:

“he manifestation of the settlor’s intent regarding a trust’s provisions as expressed in the trust instrument or as may be established by other evidence […]