A surcharge action in Florida is a legal action that may be brought against a personal representative when there are allegations that the personal representative has breached his fiduciary duty in order to impose personal liability on a personal representative.
Beneficiary’s Rights in a Florida Trust
In the United States, the rights of trust beneficiaries are typically governed by state law. Florida has adopted the Uniform Trust Code (U.T.C.), which governs the administration of trusts in Florida as well as duties and rights of trustees and beneficiaries.
What Are the 5 Things You Need in Your Estate Plan in Florida?
A Last Will and Testament is a legal document that allows you to decide how to distribute your assets after your passing. A Will contains the definition of assets, the names of beneficiaries, and sometimes includes guardianship designations and burial instructions. A Will also appoints an executor, or personal representative, of the will. A personal representative is someone who will pay remaining taxes after your passing and make sure the Will is being executed correctly and in accordance with your wishes.
What is a Living Will?
A living will is a legally binding document that explains an individual’s personal choices about end-of-life medical care in cases where they become incapacitated and can no longer make decisions for themselves. For example, the living will would state whether an individual would want to be kept alive through life support or whether they would not like to receive any life support, including artificial nutrition and hydration.
Difference Between a Revocable and an Irrevocable Trust in Florida
A trust is an agreement between a settlor and a trustee, which directs the trustee to hold the settlor’s assets for the benefit of the settlor’s beneficiaries. In simple terms, an individual will establish a trust to hold their assets for their beneficiaries. The person establishing the trust, or the settlor, can create a trust agreement where he is both the settlor and the trustee and place all of his assets in the trust.
What is Probate in Florida?
Probate is a court process that is used to determine the authenticity of a will as well as to administer the estate of the deceased individual. Through probate, the court supervises the payment of all the debts of the decedent to his creditors. Subsequently, the court administers the distribution of the assets of the estate to its beneficiaries in accordance with the will of the decedent. In case of an absence of the will, the court will arrange the asset distribution according to the laws of intestacy of the applicable state.
What is Tortious Interference with an Expected Inheritance in Florida?
Tortious Interference with an Expected Inheritance occurs when someone succeeds at manipulating the assets of the decedent. In such a case, those beneficiaries of the inheritance who suffer an injury as a result of the tortious interference can bring a suit against the person who has manipulated the assets. Such conduct could include transferring money between different accounts, converting bank accounts to cash or affecting the distribution of the assets in any other way.
What is a Holographic Will?
A holographic will is a will that has been written by hand by the person that is establishing the will, legally known as a testator. A holographic will is different from a standard will because it is typically neither notarized nor signed by two witnesses and handwritten.
How do I Donate my Organs as part of my Estate Plan?
When preparing your estate plan, not only can you provide directives as to the administration of your estate, but you can also give instructions as to what will happen to your body after you pass away. Providing such instructions yourself would save your family from conflict over what should be done with your body and how you would have wanted to be buried.
Adult Protective Services in Florida
The Adult Protective Services in Florida are part of the Florida Department of Children and Families. You can report adult exploitation online at https://reportabuse.dcf.state.fl.us/ or by calling their hotline at 1-800-962-2873.
What Are Fiduciary Duties and Responsibilities of a Trustee?
Naming a trustee to administer your trust is an important decision that should be afforded thoughtful consideration. One should consider the proposed individual’s qualifications, ability, professionalism, and ethics. Equally important is the decision to accept appointment as trustee of another’s trust. Oftentimes, a trusteeship is accepted without prior knowledge of the duties and responsibilities involved.
HBO®’s “Succession” The Importance of Succession Planning as Part of Your Estate Plan
While the show is fictional, the reality is that succession planning is an important aspect of estate planning that should be fully integrated into your plan, especially for business owners. A solid estate plan not only provides for the disposition of your assets upon your passing but also plans for someone to take your place (a successor) when you are no longer able to perform your responsibilities due to incapacity or death.
What is a Miller Trust?
Miller Trust is a special kind of trust that adjusts the income of a person downward, usually in an effort to maintain the individual’s eligibility for some forms of government benefit programs. This type of trust is often used to establish eligibility for the Medicaid program.
Can I Hold a Funeral During COVID-19?
If you or a loved one have been affected by COVID-19 and would like to learn more information about holding a funeral during this pandemic, do not hesitate to contact one of our experienced attorneys at EPGD Business Law. EPGD Business Law is located in beautiful Coral Gables, West Palm Beach and historic Washington D.C. Call us at (786) 837-6787, or contact us through the website to schedule a consultation.
EPGD Coronavirus Bulletin: New Developments, Preparedness, Facts, and Health Tips
EPGD Business Law is committed to the health and welfare of our employees, clients, and friends. As such, we have prepared this bulletin to offer the latest developments, facts, and health tips in light of the ongoing developments of the Coronavirus pandemic.
Can you Revoke or Amend a Trust?
Trusts allow a third party, or trustee, of your choosing, to hold assets on behalf of a beneficiary or beneficiaries. One of the great factors of a trust, is that trusts tend to avoid probate. Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified. Probate can be a long and stressful process for your loved ones.
What is a Trust Amendment?
A trust amendment is a legal document that revises specific provisions of a revocable living trust or an “inter vivos” trust. It is only intended for making changes to specific provisions, while leaving the rest of the document in its original form and other provisions unchanged.
The Florida Spousal “Elective Share” Explained
The Florida Spousal Elective Share is a statutory right created by the legislature that is available to the surviving spouses of persons who were domiciled in Florida at the time of their death.
Signing Your Will Under Seal
Generally speaking, signing under seal makes the contract more formal. “The formality of a promise under seal is an efficient, trustworthy method of channeling a person’s deliberate intent to be legally obligated”
What is Ancillary Probate?
The primary probate proceeding is usually held in the decedent’s state of residence or home state. However, a state probate court only has authority over property in its own jurisdiction; it does not have the power to issue orders for property that is located in another state. Therefore, an additional probate proceeding becomes necessary.
Kobe Bryant and The Importance of Estate Planning
Unfortunately, the passing of a young and healthy individual like Bryant occurs more often than one would like to acknowledge and does not make headline news. When these ill-fated events take place, families are often left to mourn the death of a loved one while also navigating the complexities of administering an estate that was not properly planned.
Preserving a Tenancy by the Entirety in your Florida Estate Plan
Traditionally, estate planners have split tenancies by the entirety in order to fund separate trusts for both spouses, with the aim of maximizing estate tax exemptions.
Foreign Partnerships & Tax Form 8813
Under Internal Revenue Code “IRC” Section 1446, a partnership of this sort may be made up of any kind of foreign corporation, international organization, non-resident individual or foreign estate or trust. Any partnership that falls under the definition of 1446 must pay the required withheld taxes mandated by the IRS.
What do I do if I owe Money to the IRS?
If you have not filed your tax returns for years and now you owe lots of money to the IRS, there are ways to deal with this issue but the best advice is to contact a tax attorney so they can explain all of the different steps and hopefully lower some of the money you owe.
Homestead Exemption v. JTWROS
In Florida, JTWROS means that the full title to property goes to the owner that survives. The “survivor” of the joint owner automatically owns 100% of the asset when the other joint owner passes away.
Private Foundation vs. Public Charity: What’s the Difference?
Both a private and public charity are actually very similar in nature, the only small difference between the two is the manner in which funds are attained by the organization.
Can I lose my Homestead Exemption in Florida?
To qualify for the homestead exemption, a person must meet certain requirements and a person may lose their homestead exemption if the requirements of the statute are not met every year.
What is the 2025 Tax Sunset?
President Trump signed the Tax Cuts and Jobs Act (“TCJA”) into law on December 22, 2017, which brought many changes to the Internal Revenue Code (“IRC”). The changes made have affected many taxpayers in different ways.
Do I Qualify for a Qualified Business Deduction Under §199A?
The Internal Revenue Code provides business owners an income deduction when reporting their qualified trade or business’ income, also known as a qualified business income.
What is a GRAT?
GRAT, short for Grantor Retained Annuity Trust, is a type of irrevocable trust that alleviates the tax cost of passing assets to your beneficiaries.
Nonprofit Forms 1023 & Form 1023-EZ
The main difference between Form 1023-EZ and Form 1023 is the information required from the organization and the time for approval. Form 1023 is used by organizations that are bigger and expect to receive more than $50,000 in the following three years. While Form 1023-EZ is three pages, Form 1023 is 26 pages!
How Should you Handle Car Ownership in Estate Planning?
Car ownership should always be considered when thinking of estate planning. There are different options to how a person should approach dealing with their vehicle and an estate plan.
What Happens to a Car Lease After the Car Lessee’s Death?
Often times, payments still need to be made and the payments become the responsibility of the deceased car lessee’s estate. Sometimes car dealerships will negotiate with the personal representative of the deceased’s estate and may be able to transfer the remaining lease to another person.
Is an Executor the same as a Personal Representative?
The personal representative you appoint will be the person in charge of handling your estate once you pass. This individual has vast responsibilities and powers; therefore, your personal representative should be someone that you trust.
What are the Consequences of not Having a Will?
What happens if you do not have a will or your will is not valid? In these cases, the state declares the individual to have died “intestate,” and your property follows a chain of succession to determine the owner.
Probate Assets vs. Non-Probate Assets
Probate is the process after a person passes or becomes disabled; their assets are put on hold until the will is validated, any remaining debt is paid off, and the beneficiaries of the will are identified. Probate can be a long and stressful process, especially after such a difficult time. Non-probate assets avoid this long, costly process and pass directly to a decedent’s heirs.
Creating a Trust for your IRA
IRAs allow you to save for retirement with tax-free growth on a tax-free basis. You can also establish different sub-trusts within the IRA trust for the benefit of your beneficiaries, including your spouse. You can design each sub-trust to fit the unique needs of each beneficiary.