What’s Better, a Will or a Trust?

As an estate planning attorney, I’m often asked, "How do I know if I need a trust as opposed to a will?"  Many people assume that Trusts are just for the wealthy, but the benefits that they offer to the average person are significant.  Here are a few factors to consider when deciding between a [...]

March 12th, 2014|Trusts, Wills|

Who Will Watch Over Johnny?

As every parent knows, life happens. Things that cannot be predicted happen and all that we can do sometimes is be prepared for whatever life throws our way. As parents, we are responsible for our children and as long as we are on this earth we try to make the best decisions on their behalf. [...]

March 12th, 2014|Estate Planning|

Power of Attorney – Attorney In Fact / Agent Acceptance

I was recently asked the following question from a fellow attorney, “I have general power of attorney that isn’t signed/accepted by the attorney-in-fact/agent. Doesn’t the agent have to sign it to be binding? Principal and witnesses did sign and notarize.” The answer is as follows: Section 709.2113 of the Florida Statutes states that “Except as [...]

March 12th, 2014|Power of Attorney|

Can You Disinherit Your Spouse?

I get asked this question a lot. The general rule is that in your Last Will and Testament, you can dictate who gets your property after your death. The surprising fact is that in Florida and New York you cannot intentionally disinherit your spouse unless he or she agrees in writing to be disinherited (through [...]

March 7th, 2014|Wills|