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As the name implies, a successor trustee is a trusted individual who handles the duties connected with your revocable trust in the event you lose capacity during your lifetime, and settles all remaining issues after you die. As such, your first impulse might be to...
Trusts: TBE or not TBE Florida favors married couples holding their property as tenants by the entireties (TBE). Probate is avoided as the property passes to the surviving spouse by operation of law. Further, the tenancy provides creditor protection. In essence,...
Assuming every asset under your sole control is held in trust, it is possible for your heirs to avoid probate. Similarly, certain jointly owned assets are protected from probate, such as a home titled to you and your spouse with the right to survivorship. However,...
According to the Alzheimer’s Association, there are approximately five (5) million Americans who have some type of dementia. Close to 50% of all people over the age of 85 have Alzheimer’s disease or another kind of dementia. Diminished capacity is more prevalent as...
Concerns about physical abuse and neglect are a primary reason that many people choose in-home care for their elderly loved ones. Unfortunately, even recipients of in-home care can still experience forms of abuse — and financial abuse may be most prevalent in these...
In a typical suburban neighborhood, homeowners have easy access to their property through the use of public roads. However, not all Florida property works this way. In some cases, owners are essentially landlocked and need to use neighboring property to get to and...
87-MAY Fla. B.J. 30 Florida Bar Journal May, 2013 Column: Real Property, Probate and Trust Law TRUSTS: TBE OR NOT TBE R. Craig Harrison Copyright © 2013 by The Florida Bar; R. Craig Harrison *** Start Section …be allocated to a tax credit shelter trust so that the...