561.862.4176

The Duffey Law Firm Blog

Thursday, March 15, 2018

Nuts and Bolts of Florida Probate

Many Florida residents have heard or experienced horror stories regarding the probate administration process in Florida. Although having to open a probate is not necessarily the worst-case scenario, it can quickly become overwhelming for the beneficiaries and the Personal Representative of the estate. While each probate administration will vary based on the unique facts and circumstances, this article will attempt to demystify the probate process by providing an overview of the steps involved in a formal probate administration in Florida.


Read more . . .


Tuesday, March 13, 2018

Top Five Traps to Avoid When Acting as a Fiduciary

Let’s face it, not all family members see eye-to-eye on all issues, and any probate attorney will tell you that underlying issues between family members usually do not get better after the death of a loved one. In fact, issues among family members often get worse when there is real money at stake. Even families with amicable relationships can become adversarial due to issues which arise in a probate or trust administration. An experienced probate attorney will be able to provide guidance to a Personal Representative or Trustee by anticipating and mitigating potential and perhaps even some inevitable disagreements among beneficiaries.


Read more . . .


Thursday, February 15, 2018

Top Five Non-Tax Reasons Why You Need an Estate Plan

At the end of last year, President Trump signed into law The Tax Cuts and Jobs Act, which is one of the most significant pieces of tax legislation that we have seen in our county over the past few decades. The new law doubles the basic exclusion amount for estate and generation skipping transfer tax, which will be a staggering $11,180,000 (approximately) per person in 2018. Of course, what Congress can giveth, Congress can taketh, and the exclusion amount will revert to $6,000,000 (approximately) after the end of 2025.


Read more . . .


Thursday, February 1, 2018

Top Five Traps to Avoid in Estate and Trust Litigation

Let’s face it, not all family members see eye-to-eye on all issues, and any probate attorney will tell you that underlying issues between family members usually do not get better after the death of a loved one. In fact, issues among family members often get worse when there is real money at stake.  Even families with amicable relationships can become adversarial due to issues which arise in a probate or trust administration. An experienced probate attorney will be able to provide guidance to a Personal Representative or Trustee by anticipating and mitigating potential and perhaps even some inevitable disagreements among beneficiaries.


Read more . . .


Tuesday, January 9, 2018

Trump Tax Reform Update #7

Just prior to Christmas, President Trump signed into law the most significant federal tax legislation in over thirty years.  It is important to note that the Tax and Jobs Act of 2017 does not repeal the federal estate tax.  However, the new law does provide a temporary opportunity for anyone who dies prior to the end of 2025.  As a result of this temporary opportunity, over the next few months, many taxpayers will be utilizing strategies to advance their estate planning goals by exploiting the new tax legislation’s generous terms.


Read more . . .


Monday, December 4, 2017

Trump Tax Reform Update #6

Readers of our updates will recall that months ago we predicted the Republican congress would likely use reconciliation to pass tax reform/tax cuts. Clearly the recent senate budget vote sets up precisely this scenario. In late September, the senate agreed on draft a budget that would allow for $1.5 million in tax cuts over the next decade. Ways & Means Chairman, Kevin Brady (R-Tx) said he will release the text of a tax bill as soon as the budget is "signed, sealed and delivered." It is widely expected that a mark-up will soon follow.


Read more . . .


Wednesday, October 11, 2017

Does a petition filed under Fla. Stat. 736.1005 require notice to all qualified beneficiaries?

In re Guardianship of Bloom, No. 2D16-2985, 2017 WL 2270124 (Fla. 2nd DCA May 24, 2017), after a lengthy period of litigation involving the guardianship, the estate, and the trust of the decedent, the decedent’s nephew filed for recovery of his attorney’s fees pursuant to Fla. 736.1005. The Second District Court of Appeals noted the ambiguities regarding the notice requirements under the fee recovery statute and clarified that all interested parties must be served with notice of the fee request simultaneously with the filing of the request with the court.


Read more . . .


Wednesday, October 11, 2017

Can an “estate” be named as a party to a litigation?

In Spradley v. Spradley, 42 Fla. L. Weekly D549 (Fla. 2nd DCA March 8, 2017), a pro se prisoner filed a claim against his mother’s “estate,” claiming that his brothers had converted his property. The Second District Court confirmed that the personal representative, rather than the estate should have been named as the defendant. However, the trial court, rather than dismissing the claim entirely, should have allowed the plaintiff to amend his claim.


Read more . . .


Wednesday, October 11, 2017

Is a “reputed spouse” treated as a surviving spouse under Florida law?

In Cohen v. Shushan, 212 So.3d 1113 (Fla. 2nd DCA March 15, 2017)<, the Second District Court of Appeals held that a reputed spouse (ie. a common law spouse) of an Israeli decedent was not deemed to be a surviving spouse entitled to rights in the decedent’s Florida estate because their relationship in Israel, although having a legally recognized status, was not considered to be a legally recognized marriage in Israel.


Read more . . .


Wednesday, October 11, 2017

Can a health care proxy make non-healthcare related decisions for a principal without having additional authority?

 

In Moen v. Bradenton Council on Aging, LLC, 210 So.3d 213 (Fla. 2nd DCA January 27, 2017), the Second District Court of Appeals held that a daughter did not have the authority as a health care proxy to waive the right to a jury trial and submit to binding arbitration on behalf of her mother because this was not a health care decision.




Read more . . .


Wednesday, October 11, 2017

Can a writ of garnishment be enforced on an account owned by the debtor and a third party, where a majority of the funds in the account were contributed by the third party?

In Stanbro v. McCormick 105 LLC, 213 So.3d 925 (Florida 4th DCA March 8, 2017), a bank account held in the name of the debtor and her boyfriend’s joint revocable trust was not subject to garnishment because the boyfriend was the primary contributor to the account, and the creditor could not meet its burden to show that the debtor was the exclusive owner of the account funds.


Read more . . .


← Newer12 3 4 Older →

Archived Posts

2018
2017
2014
2012
2010
2009



© 2018 The Duffey Law Firm | Disclaimer
2300 Glades Road, Boca Raton, FL 33431
| Phone: 561-862-4176

Overview of Services | Estate Planning | Trusts & Estate Planning | Advanced Estate Planning | Asset Preservation | Probate / Estate Administration | Estate Litigation | | Attorneys | About Us

Law Firm Website Design by
Amicus Creative


Peer Reviewed
AV Rated
9.4Brian K Duffey

© The Duffey Law Firm | Law Firm Website Design by Zola Creative | Disclaimer