Recent Blog Posts
Understanding the Differences Between Guardianship & Conservatorship
The pop star Britney Spears has surfaced in popular news lately because she is contesting her conservatorship. Many people have questions about what a conservatorship is and when it is invoked, especially with young adults. However, California conservatorships differ widely from conservatorships in Florida. In addition, although you may hear the terms used interchangeably,… Read More »
Closing the Insolvent Estate in Florida
When people think of a person’s estate, they usually reference the home, personal property, furniture, vehicles, jewelry and other assets. The estate might also possess stocks and bonds, intellectual property, and other funds. But what happens when a decedent passes away owing more than they possess? What if a decedent has nothing to pass… Read More »
What is a Lifetime Bypass Trust?
You worked diligently to save a nest egg for retirement and set aside assets for your children and grandchildren. You have a will and an advance directive drafted. You are finished with estate planning days are over, right? Actually, if you own substantial assets you intend for beneficiaries to inherit, it might be wise… Read More »
It’s Crucial to Prepare a Durable Power of Attorney & Healthcare Proxy
Many people mistakenly assume that if they have completed a will and have an active life insurance policy, that their estate planning worries are over. While it is prudent to make important decisions regarding allocation of personal property and inheritance, it is equally important to prepare for declining health or a medical emergency. Doing… Read More »
Is a Stand-Alone Educational Trust Right for Your Beneficiaries?
Are you in the midst of estate planning for your loved one and are concerned about their educational futures? A 529 Plan sounds attractive, but doesn’t it mean your child or grandchild can only attend specific schools in Florida? How much will college cost in ten or fifteen years? While a 529 plan is… Read More »
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 »
