Author Archives: admin

Florida Do Not Resuscitate Orders or DNRs’

From time to time I get questions from potential clients about Do Not Resuscitate orders; typically they have cancer or heart disease or are on dialysis.  While I do draft both Health Care Surrogacies which allow someone else to make … Continue reading

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Advice to the New Law Student, or One L.

First, let me make clear this has absolutely nothing to do with my usual topics; estate planning, probate, or trust litigation.  And, this post is not directed at my usual markets; individuals seeking probates, wills, estate planning, I’m not going … Continue reading

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LLC’s and Asset Protection in Florida.

As I’ve noted elsewhere, limited liability entities, including Corporations, Limited Liability Partnerships and Limited Liability Corporations may not provide as much protection as people think.  While all of these entities theoretically provide individual protection from corporate acts for individuals owning … Continue reading

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Florida does not recognize “No Contest” clauses in wills.

Florida does not recognize “No Contest” clauses in wills. Sometimes people want to put in a “no contest” or “in terrorem” clause in a Florida will. A no contest clause says that if someone who is a beneficiary under the … Continue reading

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Planning for a second (or later) marriage

Very frequently, retirees moving to Florida are either single, or at some point, wind up single, whether through divorce or widowhood. And then they meet someone new. And sometimes the other person is formerly married as well; having been through … Continue reading

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Selling the Collection

A recurring situation in probate is where the parent had some sort of “collection” and the children want to sell the items. A lot of times, the parent would talk about the collection and raise the children’s expectation of the … Continue reading

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Peace on Earth and Goodwill towards Man

We’ve got just over a week before Christmas and this is my annual Christmas thoughts post. Sometimes, just after the holidays, I get phone calls from potential clients who want to make changes in their wills. This is usually caused … Continue reading

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Unwitnessed wills are not valid in Florida, even if the will is valid out of state.

As I’ve noted in the past, Florida prohibits “Holographic” wills; wills that are handwritten by the testator but fail to meet Florida requirements for execution, usually for failure to have two witnesses. A recent case, here: Lee v. Estate of … Continue reading

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Why a Landlord might be better off without a written lease

Normally, I encourage people to use written contracts for legal matters; some transactions, in fact, are unenforceable without written contracts; such as agreements for sale of property, and sales of goods for more than $500. In most circumstances, written contracts … Continue reading

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How to disinherit someone.

I’ve discussed this before; but I think the point needs repeating. With the exception of a spouse, and minor children, Florida doesn’t place any limitations on who you can disinherit. The exception for spouses falls into two categories; under most … Continue reading

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