Recent Blog Posts
What is a Dynasty Trust?
If you conducted a survey amongst your friends and colleagues, you might be surprised to learn that many of them have not spent much time contemplating their long-term planning needs. Many people die without leaving a will or advanced directive, let alone a trust. Still, probate can be a major hassle for loved ones… Read More »
Just How Strictly Must You Comply with Will Formalities?
Creating a will might sound like something you can do easily on your own. After all, there are countless computer programs and websites that exist to help people make their own will without an attorney’s help. However, Florida’s laws regarding the proper creation and execution of a will are unforgiving. There are certain “formalities”… Read More »
Signs Your Trustee Has Breached Fiduciary Duties
Trustees are invested with considerable power when administering a trust. As a beneficiary, you might have concerns about how the trustee is handling trust assets, including whether the trustee is taking unfair advantage of you. At Millhorn Law, our trust administration attorneys in The Villages understand the law of fiduciary duties quite well. We… Read More »
Probate & Partition Actions
When an estate consists of only cash, dividing it between beneficiaries is easy. Unfortunately, most people have other assets which cannot be so neatly divided. In particular, cars and real estate cannot be cut in half; instead, they usually need to be sold. Florida probate law provides for something called a partition action. This… Read More »
Using Payable on Death Accounts as an Estate Planning Tool
One concern that crops up with estate planning is providing immediate cash to your loved ones when you die. Although they might inherit the bulk of your estate in probate, the reality is that probate can be a lengthy process. Your spouse or children could be waiting months—possibly longer—before receiving any money. There are… Read More »
How Can You Revoke a Will in Florida?
Life rarely stands still, and many people realize at some point that their current last will and testament does not work for them. For this reason, they want to revoke it. Under Florida law, you can revoke a will using different techniques. However, once you revoke a will, you need to carefully consider what… Read More »
What is the Florida Elective Share Law?
Generally, Florida law allows people to disinherit family members, such as their children and grandchildren. However, there is a big exception when it comes to your spouse. Historically, our state was afraid that many women who had been fully dependent on their husbands would be unable to support themselves on their husband’s death. To… Read More »
Can You Serve as a Guardian in Florida?
At Millhorn Law Firm, our lawyers meet regularly with men and women who want to serve as a guardian for a spouse or elderly relative. Guardianship allows someone to take over the daily affairs of someone who is incapacitated. For example, a loved one could have Alzheimer’s and no longer be capable of paying… Read More »
Government Prosecutes Home Health Aide for Financial Abuse
Financial abuse of the elderly does not receive the same news attention as physical abuse or neglect. However, seniors lose billions each year to financial scams, including identity theft and fraud. Sometimes they are exploited by family members, health care aides, or nursing home staff and administrators. Fortunately, the federal government has recently shown… Read More »
How to Include Grandchildren in Estate Plans
There are many reasons to include grandchildren in an estate plan. For one, you might be afraid that if you only leave assets to your children, they will use them all and leave nothing for your grandkids to inherit. For another, you might want your grandchildren to enjoy the fruits of their inheritance while… Read More »
