Probate: Beast or Burden   I said it before, and I'll say it again: probate is time consuming, expensive and unpredictable. It presses a lot of emotional pressure points that can really be a terrible burden on your family. I've seen it both professionally and...

The Estate Planning Tragedy of Jack and Jill   By: Barry E. Haimo, Esq. June 11, 2014 Jack and Jill Whisdom were college sweethearts. They were married thirty-seven years until that fateful night when Jack had a sudden fatal heart attack. He was survived by his twin daughters, Gina and Genny,...

What's a Last Will and Testament? By: Barry E. Haimo, Esq. March 18, 2014 A Last Will and Testament or a "Will" is a legal document that expresses your postmortem wishes. It appoints a personal representative or executor to administer your estate. It designates a guardian of the person...

What's a Last Will and Testament?   http://www.youtube.com/watch?v=tUi8T8ll4wI   By: Barry E. Haimo, Esq. March 18, 2014 A Last Will and Testament or a "Will" is a legal document that expresses your postmortem wishes. It appoints a personal representative or executor to administer your estate. It designates a guardian of the person...

List of Burdens of Failure to Plan Ahead Ignorance is bliss - First ask yourself if you want to learn about estate planning knowing it will probably change your attitude and propel you into action. In other words, you need to decide whether you want to...

Estate Planning Hurdles For Same Sex Couples  Relevance With arguments over the constitutionality of the Defense of Marriage Act ("DOMA") having been heard at the United States Supreme Court level, what follows is a basic outline of some of the implications of these rights presently being experienced...

The Mine Field of Probate Probate is the process of winding up someone's financial and legal affairs. It can be time consuming, expensive and unpredictable. It can also be quite emotionally draining. Most people find it to be a hassle, and one not worth repeating. That's because,...

Trust Investments Under Florida's Trust Code   PART IX TRUST INVESTMENTS   736.0901 Applicability of chapter 518. 736.0902 Nonapplication of prudent investor rule.   736.0901 Applicability of chapter 518.—A trustee shall invest trust property in accordance with chapter 518.   736.0902 Nonapplication of prudent investor rule.— (1) Notwithstanding the provisions of s. 518.11 or s. 736.0804, with respect to any contract...

Creditors' Claims, Spendthrift and Discretionary Trusts   PART V CREDITORS’ CLAIMS; SPENDTHRIFT AND DISCRETIONARY TRUSTS   736.0501 Rights of beneficiary’s creditor or assignee. 736.0502 Spendthrift provision. 736.0503 Exceptions to spendthrift provision. 736.0504 Discretionary trusts; effect of standard. 736.0505 Creditors’ claims against settlor. 736.05053 Trustee’s duty to pay expenses and obligations of settlor’s estate. 736.05055 Notice of trust. 736.0506 Overdue distribution. 736.0507 Personal obligations of trustee.   736.0501 Rights of beneficiary’s creditor...

Judicial Proceedings Under Florida's Trust Code   PART II JUDICIAL PROCEEDINGS   736.0201 Role of court in trust proceedings. 736.0202 Jurisdiction over trustee and beneficiary. 736.0203 Subject matter jurisdiction. 736.0204 Venue. 736.0205 Trust proceedings; dismissal of matters relating to foreign trusts. 736.0206 Proceedings for review of employment of agents and review of compensation of trustee and employees of trust. 736.0207 Trust contests.   736.0201 Role of...

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