If a trust beneficiary owes you money, can you get that beneficiary’s trust interest from a trustee to pay you? Q: Can you make a trust or a trustee pay you the money that a trust beneficiary owes you?
If a trust beneficiary owes you money, can you get that beneficiary’s trust interest from a trustee to pay you? Q: Can you make a trust or a trustee pay you the money that a trust beneficiary owes you?
Involved in a trust lawsuit ? Trust litigation has begun and you have an interest in the trust as either a trust beneficiary or other interested person to the trust. Should you get into the fight? Is the trust property worth fighting over?
$22 Million dollar trust ? Now that’s a trust ! Is this a case of show me the money? Or, merely, why am I not getting more trust money?
SISTER CREATES #FLORIDA REVOCABLE TRUST WHILE DAD IS IN COMA This #trust lawsuit in #Miami probate court involves a #guardianship case of three adult siblings who sued their sister. The sister is the #Florida trustee, and also a #Florida trust beneficiary, of a #Florida Revocable Trust.
WHY PEOPLE HATE LAWYERS? Why do people hate lawyers? Lawyers are sometimes accused of stalling, and getting continuances in court all the time. #GUARDIANSHIP GONE WRONG This recent case is a sad, and shocking, case involving a court-appointed #guardian who # mis-used guardianship funds. #GUARDIAN’S DUTIES A guardian is appointed to look out for, and protect, the best interests of somebody who cannot protect themselves. In Florida, we have an entire chapter of the #Florida probate code devoted to #guardianship law. Minors need #Florida guardians to look out for their property interests #incompetent persons, and those who are #incapacitated, who suffer from progressive #dementia, need #Florida guardians to protect their person and their property This is a good case which reminds us of the #fiduciary duties which a #guardian owes to the person he or she is serving: A #guardian is a #fiduciary with #fiduciary obligations a #guardian must act in the #best interests of the person you have agreed to serve a #guardian must look out for and protect that person DON’T MIS-SPEND MONEY ! a #guardian must spend that person’s money only for the benefit of that person they are protecting DON’T MISUSE MONEY ! a guardian may not #misuse guardianship money or #misspend guardianship money a guardian must provide a #guardianship accounting a guardian must avoid #conflicts of interest and #self-dealing IMPROPER GUARDIANSHIP “LOANS” AND FAILURE TO ACCOUNT In this recent case, the #guardian failed to provide accountings from 2008. The Guardian was ordered to provide an […]
Dirty laundry ! New Jersey Gov. Chris Christie has bridgegate, while French President Francois Hollande, is on the front page of a French magazine accused of having a secret affair with a French actress.
For #Florida estate planning attorneys, and #Florida trust and estate lawyers, the “Super Bowl” of seminars for them is the #Heckerling Institute. http://www.law.miami.edu/heckerling/hotel_info.php In fact, the #Heckerling Institute has become for #trust and estate attorneys nationwide, what the #computer electronics show in Las Vegas, #CES, is to people in the #technology world.
Experienced Florida trial lawyers, and those whose practice is limited to litigation in Florida, have all come across clients who want a judge removed. What does it take to remove a Florida trial judge? Does it make sense to do that? And is it really in the client’s best interests to seek to disqualify a Florida trial judge?
FLORIDA FAMILIES In today’s society in Florida, families come in all shapes and sizes. We know that divorce and remarriage are common in Florida. Many Florida residents have stepchildren or stepparents. In some cases, a new spouse is much younger than the adult children from their new spouse’s prior relationship. A so-called Palm Beach marriage.
Many Florida residents, or Florida citizens, create a revocable trust, also called a Florida living trust as a part of their estate plan. This is a trust which you create and control, which will manage the assets which you place in the trust during your lifetime and which will also dispose of your wealth upon your death. Typically, a person who creates a revocable trust will also serve as the trust’s sole trustee during life and as long as you are still able to serve in that role. You may or may not have co-trustees who serve along with you as trustee. When you no longer are able or willing to serve as trustee of your Florida revocable trust, successor trustees will take over for you.