Legal Articles, Wills & Probate
Who Ensures Income, Support, Maintenance, and Education for Your Child Should Something Happen to You?
Good parenting requires you to remember the importance of protecting your child’s financial future should something catastrophic happen to you. Nobody plans an accidental death – that’s why it’s called an accident. But accidents do happen, and good parenting requires you to protect your child with advanced legal preparation through the Schaller Law Firm’s “New Parent Child Protection Plan.”
Who Pays Your Child's Needs Should You Become Incapacitated?
Your child needs financial protection should you become incapacitated because of sickness or injury. Your spouse could be barred from accessing your individual bank account without a court order. What happens if you and your spouse are both incapacitated after a devastating vehicle collision?
Who Makes Medical Decision Should Something Happen to Me?
A power of attorney for health care is essential to protecting a person should they become incapacitated. A power of attorney is especially important when the person is responsible for taking care of a young child.
Florida Special Needs Trusts
If you or a loved one is receiving asset or income-based government benefits, it is good to team with a knowledgeable estate planning attorney to ensure that any inheritance or other assets do not get in the way of you receiving those benefits.
DEATH, PROBATE AND DUE PROCESS: Do the Notice Requirements Under the Florida Probate Code and Rules Pass Constitutional Muster
In Florida, a procedure exists allowing the person seeking to administer
the estate of a decedent (the “petitioner”) to resolve certain issues before the issuance of letters of administration. Fla. Stat. §733.2123; 7 Fla.
Pl. & Pr. Forms §50:55 (2015). One
of those issues is whether the last
will and testament offered for probate is valid.
Tortious Interference with an Expectation of an Inheritance A Survey Since Galbreath
The tort of intentional interference
with an expectation of an
inheritance (IIEI) is one way
of remedying wrongdoing by
unscrupulous persons who prey upon
vulnerable, sick and weak people with
wealth. The tort is recognized to advance
a public policy for the protection of the
testator’s interest in freely disposing of his or
her property. In contrast to a garden-variety
will contest based on undue influence, where
the contestant must establish that the free
will of the testator was overborne, a tortious
interference claim does not require such a
proof. Rather, the focus is on the defendant’s
intention: whether the defendant intended
to interfere with an inheritance and acted on
that intention.
San Antonio News Article
San Antonio News printed the article and interviewed Michael Greer and Shane Langston as counsel for the Conservatorship.
Using POD and TOD Designations to Keep Assets Out of Probate
Using POD and TOD Designations to Keep Assets Out of Probate