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Recent Blog Posts

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Choosing A Successor Trustee

By Eric Millhorn |

A revocable living trust can be an important part of any estate plan. When creating the trust, you appoint yourself as trustee to oversee the management of the trust assets. But what happens when you die, or if you become incapacitated and can no longer make decisions? In these situations, someone else needs to… Read More »

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Use A Spendthrift Provision To Protect Heirs From Creditors

By Eric Millhorn |

One concern many parents have when creating an estate plan is whether the assets they leave their children will be wasted. It is a sad reality that some children are not as responsible as we would like. They either get deep into debt, or they have civil judgments against them after being sued. Wouldn’t… Read More »

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How Long Does Probate Take?

By Eric Millhorn |

Probate is the process of winding up a deceased person’s estate under the supervision of the probate court. As part of the process, the judge will need to find that a person has died and pass on the validity of any will that the person created. The probate judge also names a personal representative… Read More »

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The Surprising Benefits Of Probate

By Eric Millhorn |

Probate gets a bad rap here at the Millhorn Elder Law Planning Group blog. Many of our articles state that probate is a lengthy, tedious process that people can avoid by creating the right estate plan. And this is still true. Often, you can minimize the number of assets that must go through the… Read More »

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Watch Out For Funeral And Burial Scams

By Eric Millhorn |

Seniors are a favorite target of scammers, who hope to cheat and swindle you out of your hard-earned money. As a result, there are many scams that target seniors, including financial, health care, and pet scams. But scams involving funeral and burial expenses are on the upswing. These scams often target people who are… Read More »

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Lawsuits Against Personal Representatives

By Eric Millhorn |

The personal representative of an estate is charged with many important tasks, such as safekeeping estate assets and paying off debts.  Because this person has such control over estate assets, the opportunity for them to steal or waste assets is very great. At Millhorn Elder Law Group, we receive many questions about whether a… Read More »

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Intestacy: What Happens If You Die Without A Will

By Eric Millhorn |

By writing a will, you take control of who will receive your property when you die. However, many people continue to go without any sort of estate plan, so when they die their property is distributed according to Florida law. This is called dying “intestate.” Florida’s intestacy laws will determine who takes a share… Read More »

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Watch Out For Veteran’s Aid And Attendance Scams

By Eric Millhorn |

Veterans have served our country with honor, so the government provides various benefits to them and their families. One important benefit available to veterans is Aid and Attendance, which provides a benefit to veterans or their surviving spouse to pay for an attendant who helps with daily living. The benefit can also be paid… Read More »

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Three Common Probate Problems

By Eric Millhorn |

For some estates, probate will be a seamless process. If the estate is very small, then there might not even need to be probate. Instead, the estate can be wound up using disposition without administration. Other estates can take advantage of a “summary administration,” which makes the probate process quick and easy. However, other… Read More »

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Beware Of Bogus Cancer Treatments

By Eric Millhorn |

Of all the scams that target the elderly, health care scams are some of the most common. Fraudsters reasonably assume that many seniors are worried about their health and they prey on these insecurities. As reported recently in the news media, many scammers have been marketing fake cancer treatments online. You can protect yourself… Read More »

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