Author Archives: Jay Butchko
Removing A Personal Representative From A Probate Case
Not every probate case includes a will, but they always involve a personal representative. The personal representative is responsible for following the instructions in the will to distribute the estate to beneficiaries, but only after settling the decedent’s outstanding debts and filing a final tax return on behalf of the estate. If the decedent… Read More »
Do Too Many Personal Representatives Spoil The Estate?
If your estate goes through probate, whether or not you have a will, the probate court will appoint a personal representative, also sometimes called an executor of the will. Your will should mention by name the person you choose to be personal representative of your estate. By including this provision in your will, you… Read More »
Retirement Accounts: An Underrated Asset Protection Strategy
Perhaps your mother was right that, when trying to get others to see your point of view or do your bidding, you catch more flies with honey than you do with vinegar. Estate planning lawyers can attest, however, that while some people enter the law office with dreams of being generous to their descendants,… Read More »
Maybe Revocable Trusts Are Overrated
Writing a will is a good first step toward building an estate plan. It can bring you a sense of relief, since you have cleared up ambiguities about how you want the probate court to distribute your property, but it does not make you feel financially well off. Typing your will in a Word… Read More »
How Does Probate Work If The Decedent Was Not A Legal Resident Of Florida?
If you moved to Florida late in life, you are in good company. A common topic of conversation in Florida is how rare it is to meet a native Floridian above the age of 30. Some people settle in Florida during their working years, while others choose it as a retirement destination, and then… Read More »
A Probate Lawyer’s Perspective On Spousal Estrangement
A will is not valid unless the testator signs it in the presence of two witnesses, but the witnesses do not have to be beneficiaries of the will, and they do not even have to read it carefully. Some people keep their silence about the contents of their wills. This strategy can keep the… Read More »
Do Children That The Decedent Placed For Adoption Decades Ago Have Inheritance Rights?
Family relationships are rarely simple. Some stepparents are among their stepchildren’s closest confidantes; in some cases, when a remarried person dies, the decedent’s surviving spouse and the decedent’s children from a previous marriage will unofficially share the responsibilities of probate, even though the will only lists one of them as personal representative of the… Read More »
Is Inaction A Feasible Solution To The Stepparent Wars?
Finding love late in life can make you feel young again, but if you truly have your new partner’s best interests in mind, you do not let the butterflies feeling distract you from your awareness of mortality. Of all the gestures of love you might want to make toward your new sweetie, the one… Read More »
If A Greedy Family Member’s Actions Were Worse Than Mere Undue Influence, Summon The Slayer Statute
Undue influence is one of the most commonly cited reasons for challenging a deceased testator’s will in probate court. In other words, you can persuade the probate court to consider a will invalid if the decedent wrote it near the end of his or her life to replace an earlier will and if a… Read More »
Which Of Florida’s 12 Coasts Will Be Your Forever Home For Retirement?
Two things you can find in abundance in Florida are coastlines and old folks. Florida’s shape, a long, skinny peninsula plus a beachfront panhandle, is ideal for folks who want to walk along the beach without coming into contact with anyone else. Of course, it used to be ideal for that, but the population… Read More »