The Supreme Court of the United States recently held in Sveen v. Melin that the retroactive application of a revocation-upon-divorce statute to a contract signed before the statute’s enactment does not violate the Contracts Clause of the United States Constitution. The background of the case involved Mark Sveen designating his spouse, Kaye Melin, as primary [...]
The 2017 Tax Act, which was signed into law in December, made dramatic changes in the estate and gift tax exemption amounts. This post focuses specifically on what is does to the estate and gift taxes and what that means for you. Highlights of the Act’s Estate and Gift Tax Changes: Increased Exemptions with [...]
The personal representative is the person, bank or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. In Florida, the term “personal representative” is used instead of such terms as “executor, administrator and administratrix.” The personal representative has a legal duty to administer the probate estate [...]
What is the difference between an agent and an executor or personal representative? An executor, termed a “personal representative” in Florida, is the person who takes care of another’s probate estate after that person dies. An agent may take care of the principal’s affairs only while the principal is alive. A personal representative may [...]
A person who dies without a will is considered intestate. When a person dies intestate, the state will take the decedent’s assets if the decedent does not have any heirs. The decedent’s heirs are the persons who are related to the decedent and described in the Florida statute governing distribution of the probate assets of [...]
Nearly all forms of property can be transferred through a will, however, certain property interests cannot. For example, property interests cannot transfer by will when they terminate upon the owner’s death or when rights are afforded to others pursuant to Florida law. The following is a list of common property rights and interests: A homestead [...]
If the decedent had established what is commonly referred to as a “Revocable Trust,” a “Living Trust” or a “Revocable Living Trust,” in certain circumstances, the trustee may be required to pay expenses of administration of the decedent’s probate estate, enforceable claims of the decedent’s creditors and any federal estate taxes payable from the trust [...]
One way to think about a trust is that the trust itself is a book of instructions. A grantor authors the trust, and provides instructions concerning the use of the grantor’s assets while the grantor is alive, including who is permitted to access the trust assets, and what will occur at the grantor’s incapacity and [...]
Marriage does not cancel a will in Florida, but a spouse acquired after the execution of your will may receive the same portion of your estate that he or she would have received had you died without a will (at least one-half). If you have moved to Florida from another state, it is wise [...]
A personal representative should always engage a qualified attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, and most of these issues will be novel and unfamiliar to non-attorneys. The attorney for the personal representative advises the personal representative on the rights [...]
