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Latest Blog Posts

Florida Electronic Wills Act Removes Benefit-of-the-Beneficiary Rule

Posted on: June 7th, 2017
The Florida Electronic Wills Act takes effect July 1, 2017 and it will make Florida the second jurisdiction in the nation to legalize use of electronic wills. While this has been the focus of the Act, the Florida Trust Code will also be revised due to the legislation....

Florida Electronic Wills Act Passes

Posted on: June 2nd, 2017
The Florida Electronic Wills Act takes effect on July 1, 2017, pending the governor's signature. Its enactment not only provides for how digital wills will be regulated in probate, but also expands options for witness signatures and execution by the testator....

Trustee Authority to Decant

Posted on: May 19th, 2017
In some circumstances, a trustee's fiduciary duty might oblige them to decant the trust; if the trust document does not clearly provide for decanting, the trustee must determine whether they have authority to decant the trust....

Taxation of Trusts and Estates in Probate

Posted on: May 18th, 2017
Income and estate tax implications vary for each estate depending on whether the decedent had a trust in place and, if so, the nature of the trust. Where the decedent transferred assets to a revocable living trust prior to death, one or more fiduciary income tax returns might be required to report income earned by assets in the estate and/or trust after death. ...

5 Probate Emergencies

Posted on: May 17th, 2017
While some may be tempted to regard estate administration as a checklist, the unique and often unanticipated circumstances that might manifest during probate require careful consideration to ensure that all requirements have been met prior to closing the estate....

Do You Need a Lawyer to Probate a Will?

Posted on: May 12th, 2017
Executors are not legally required to retain a lawyer for estate administration. Many state-provided resources are available to executors. However, when an executor chooses to manage the probate process independently, they increase their chance of errors....

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