Legal Articles, Trusts
Benefits of Estate Planning: Protecting Your Assets and Securing Your Future
Benefits of Estate Planning: Protecting Your Assets and Securing Your Future
What happen to Your Assets when you are in Debt or After You Die?
What happen to Your Assets when you are in Debt or After You Die?
What Are the Basic Core Estate Planning Documents
Estate planning requires planning for the future, both while alive and after passing. Every adult, married or single, should have a power of attorney for health, power of attorney for property, a living will, and a last will and testament. A living trust should be considered for estates larger than $100,000 or involving real estate to avoid the high cost of probate.
What is Standby Guardian Protection?
Who takes care of your child should something happen to you? Advanced estate planning today can give you peace of mind – knowing that if something catastrophic were to happen to you, your child can be raised by a family member or close friend of your choosing. The Schaller Law Firm can give you peace of mind by drafting a “Standby Guardian” designation that identifies who you want to act as guardian and raise your child if you die prematurely or suffer a catastrophic accident leaving you in an irreversible vegetative state (think car or truck collision). This is a key component of the Schaller Law Firm’s “New Parent Child Protection Plan.”
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.
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