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Trust Litigation Archives

Risks associated with using emerging e-will programs

In this increasingly technological era, many people would probably assume that an individual recording his or her last will and testament by stepping in front of a webcam is legal. However, in Florida, it's not.

Learn how to handle trustee misconduct or trust litigation issues

When you are getting your estate plan together, you need to make sure that your wishes are clearly stated. There are some instances in which the terms of the estate might be a bit difficult to understand. These would include things like confusing wills or conflicting information. Avoiding these and making sure that your heirs and beneficiaries know what to expect can make things easier when you do pass away.

Trusts and mental capacity in Florida

Creating a trust is an important part of estate planning. A trust ensures that your property and other assets are properly left to the beneficiaries you name when you pass. In order to create a trust, you must be of sound mind. Here is a brief overview of trusts and mental capacity in Florida.

Asset distribution in cases without wills and heirs

Many individuals of an advanced age, with heirs or significant assets, may have wills in place that state their wishes as it relates to which belongings they want their loved ones to inherit. At the same time, others may not. While Florida law generally outlines how the division of assets should be handled in the absence of a will being in place, there are a number of circumstances that may get in the way of settling an estate.

How seniors can protect themselves from investment fraud

While there are many crimes that exist that seem to be targeted at one group or another, when it comes to seniors, they often are victimized by investment or securities fraud. Fraudsters engaging in this type of crime rely heavily on using their smooth talking ways to convince seniors that they're making wise investment choices in working with them.

How setting up a charitable trust benefits you and your heirs

Charitable trusts are most commonly used by donors who wish to set aside some of their assets for allocation or use by one or more nonprofit organizations. Charitable trusts are most easily divided into two different categories: a charitable lead trust (CLT) or charitable remainder trust (CRT).

The responsibilities of the fiduciary in administering a trust

When an individual passes, as part of managing the decedent's estate, not only do all of that person's assets have to be gathered together, but any outstanding debts, tax filings, and distributions of money or property have to be handled as well. The individual most often called upon to handle such affairs and uphold certain fiduciary duties is a personal representative or executor of the estate.

Understanding undue influence over estate decisions

When facing legal issues regarding an estate, including trust litigation or the contesting of a will, often matters of undue influence come up. Whether you are alleging that undue influence occurred or battling against such accusations, it's important to understand what actually constitutes undue influence over someone else.

3 questions people ask when giving to charities

In the past, estate planning wasn't much more complicated than leaving all of your belongings to your kids. In today's world, though, experts note that people are giving to charities more and more often. Three questions you may want to ask if you're considering this are:

Can you set-up a trust for your pet?

The short answer is yes. Many states, including Florida, have adopted "pet trust statutes" which specifically allow people to name their pets as the beneficiaries of a trust. Prior to these lawsuits, there was some question on whether a pet could even be the beneficiary of a trust. The beneficiary of a trust owns an interest in the trust and animals cannot own "things." Thus, prior to these statutes, people had to leave a power of attorney with a person they trust to care for their pets but that person could do whatever the wanted because no term naming the pets as the beneficiary were valid or binding.

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