Blog
If a Person Lives Out of The Area, Can They Still be Named an Executor of a Will?
Yes. When you're creating your will and you're naming your personal representative (executor), if they are related to you, they can live anywhere. If they're not related to you, they have to be a resident of the state of Florida. Don't wait to learn more commonly...
If I Become Incapacitated, Will I Need a DPOA If I Have a Living Trust?
If a person's incapacitated and has a revocable trust, you still want to make sure you have that durable power of attorney. So the answer to that question is yes, the trust document only controls what assets are titled or funded inside of that. The power of attorney's...
If I Name Beneficiaries for my Bank Accounts, Do I Have to Include Them in my Will?
Do you have to? No. Is it a good idea to? Yes, most definitely. What happens if the funds in that bank account were exhausted, they were spent? Well now, somebody you had intended to leave money to is not going to get it, so it's better practice to name the people in...
Do I Need to Give Away My Assets for my Spouse to Enter a Nursing Home?
No, not at all. Here in the state of Florida a husband and wife are not responsible for the medical bills of the other so you'll be able to keep all your assets, your spouse will be able to eligible for Medicaid even if your assets go above what the resource limit is...
What are my Options if my Spouse Goes into a Nursing Home?
Can they transfer all their assets to me and apply for medicaid? Yes, here in the state of Florida, a husband and wife are not responsible for the medical bills of the other, and you're also allowed to, before filing the application, transfer all the assets from one...
I Made a Will in Another State, but Now Live In Florida. What Should I Do?
The simple answer to that question is, "Do another one here in the State of Florida." If you pass away here in Florida, and you have a will from another state, and we submit that for probate, the Florida Probate Court doesn't know if that's a good and valid will...
In a Revocable Trust, What Does U/T/D Mean?
U/T/D stands for Under Trust Dated. It is one of the two identifying features for your trust. Your trust has a name so it'd be the Greg revocable trust and then it has a U/T/D date. An under trust date, that's the date the document was signed. To learn more, head to...
Is a Revocable Living Trust Available to the Public Like a Will?
When a person passes away here in the State of Florida, and they have a revocable trust, that document is not filed with the Probate Court, like a Will is. So whatever assets are titled or funded in that trust, the public is not going to know anything about that. They...
Is There a Fiduciary Duty For an Agent Acting as my Power of Attorney?
Yes, the agent acting under a power of attorney has a fiduciary responsibility to act solely for the benefit of the principal. You also have a responsibility not to create a conflict of interest that would affect their ability to act impartially on behalf of the...
What If My Spouse Died with A Will and Did Not Leave Me Anything?
Do I have any special rights as a spouse? Yes, absolutely. Here in the state of Florida, you cannot omit a spouse from a will or a trust. You can't try and disinherit them, unless you have a signed contract ahead of time, a prenup agreement, or a contract to make a...