Trusts & Estates Archives - Page 3 of 6

Trusts & Estates

Can I Handwrite my Will?

One of the conveniences of drafting a will is knowing that you can handwrite one yourself. With just one caveat, only about half the states recognize a handwritten as valid. A holographic will is a will that has been written by hand by the person that is establishing the will, 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.

Elizabeth Fernandez November 18, 2020

Trusts & Estates

Florida’s Slayer Statute

One of the most bone-chilling and eerie probate laws in Florida is the “Slayer Statute”. Essentially, slayer statutes prevent murderers from inheriting from their victims. The majority of the states in the U.S. have enacted statutes preventing someone from inheriting from an individual whose death they have caused, but specific rules and provisions vary from state to state on how the Slayer statute is applied.

For example, some states vary on whether an insanity defense is taken into account on the topic of inheritance and probate. Other distinctions include whether the “slayer” committed an intentional homicide and not a manslaughter, whether a criminal conviction is required for the Slayer statute to be applied in the probate context, and whether the heirs of the “Slayer” are also disinherited.

Elizabeth Fernandez October 23, 2020

EPGD Business Law

Do Non-Married Partners Have Inheritance Rights In Florida?

Long-term relationships and domestic partnerships are becoming more common in today’s society, which brings with it a host of legal issues, especially when it comes to estate planning and death. Unlike in a traditional marital relationship, when one of the partners becomes deceased, there are no marriage laws to protect the surviving partner when claiming the assets of their now deceased partner’s estate.

Kathrine Karimi September 24, 2020

Trusts & Estates

Batalla del conservador de la princesa pop

Desde que se convirtió en un icono del pop adolescente a principios de la década del 2000, Britney Spears no ha sido ajena a la controversia y a los titulares de las revistas. Después de un colapso público en 2007, con la cabeza afeitada y atacando a los paparazzi, Britney comenzó una serie de estancias en centros de rehabilitación. Mientras Britney se centraba en su salud mental, su padre, Jamie Spears, fue nombrado por un tribunal para que examinara a Britney y sus finanzas, también conocido como tutela. Desde entonces, Britney ha mantenido un perfil bastante bajo. Sin embargo, recientes publicaciones en medios sociales y una serie de peticiones judiciales han vuelto a poner a Britney en los titulares. Específicamente, Britney ha solicitado a la corte que retire su tutela y los fans están llamando a “#freebritney” para que deje de estar bajo el control de su padre.

Kathrine Karimi September 16, 2020

Trusts & Estates

Pop Princess Conservator Battle

From the time she became a teenage pop icon in the early 2000s, Britney Spears has been no stranger to controversy and magazine headlines. After a very public breakdown in 2007, complete with head shaving and attacking the paparazzi, Britney began a series of stints in rehab facilities. While Britney was focusing on her mental health, her father, Jamie Spears, was appointed by a court to look over Britney and her finances, also known as a conservatorship. Since then Britney has maintained a fairly low profile. However, recent social media posts and a series of court petitions have put Britney back in the headlines. Specifically, Britney has petitioned the court to remove her conservatorship and fans are calling to “#freebritney” from the control of her father.

Kathrine Karimi September 15, 2020

Trusts & Estates

What is a Letter of Testamentary? Florida vs. New York

Upon a person’s passing, their estate is to be divided appropriately. When the late person has a valid will, the personal representative or executor of the estate will then come in to distribute the assets in accordance with the wishes stipulated in the will. Nevertheless, Florida courts specifically, will not allow the personal representative to distribute assets until he or she has been given a letter of testamentary by the court.

Kathrine Karimi September 1, 2020

Estate Planning

Why Everyone Should Have a Trust?

A trust is a legal agreement between the person who created the trust “settlor” and the trustee (the settlor as well), which is designed to hold assets for the beneficiary/ies of the trust. A trust can be a useful legal and financial mechanism to hold and distribute one’s assets after the death of the settlor, regardless of the amount of assets the settlor has. Below are a few of the reasons why trusts are a good idea for everyone.

Kathrine Karimi August 19, 2020

Trusts & Estates

Grounds for Contesting a Will in Florida

At EPGD, we strive to communicate the importance of succession planning and are eager to spread knowledge on every aspect of having a valid will. More times than not, a will may potentially open itself up to an opportunity to be contested. This is known as a will contest, and Florida, among many other states, recognizes a number of grounds for contesting a will.

Kathrine Karimi August 18, 2020

Trusts & Estates

What is a “No Contest” Clause and is it Enforceable?

The term “In Terrorem” is a legal Latin term that translates to “in terror”. Today, most lawyers prefer to use the term “no contest”. A “No Contest” clause in a will may be added by the Testator of the will.

Kathrine Karimi August 7, 2020

Trusts & Estates

Do I Need Approval from HOA to Transfer Property into my Trust?

When drafting trusts, many chose to transfer their real estate property into the trust. Transferring property into a trust usually safeguards it from probate after the owner’s passing and sometimes can provide tax benefits.

Oscar Gomez August 3, 2020

Trusts & Estates

Can I Handwrite my Will?

Florida’s Slayer Statute

Do Non-Married Partners Have Inheritance Rights In Florida?

Batalla del conservador de la princesa pop

Pop Princess Conservator Battle

What is a Letter of Testamentary? Florida vs. New York

Why Everyone Should Have a Trust?

Grounds for Contesting a Will in Florida

What is a “No Contest” Clause and is it Enforceable?

Do I Need Approval from HOA to Transfer Property into my Trust?

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