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July 2015 Archives

How do I make an 'anatomical gift' of my body in Florida?

This blog has discussed various estate planning topics, including those related to incapacity and the prolonging of life, as well as the distribution of assets to beneficiaries after one's death. What about the status of one's mortal remains? The advances in medical science over the last half-century have made the use of organs and other bodily tissue, for transplanting and other life-saving procedures, much more common and effective. Further, having actual human bodies to use in research has contributed greatly to these important advances. As a result, more and more people are considering making an "anatomical gift" of part or all of their bodies after they die. So, how can a person make it known that they wishe to do so and be reasonably sure such wishes will be carried out?

How many kinds of trusts are there in Florida?

This blog has covered several issues in the past regarding the creation and maintenance of trusts as part of a comprehensive estate plan. The use of trusts as a tool to avoid probate, or to protect assets from creditors or the poor spending habits of beneficiaries have all been topics of prior posts on this blog. But there are quite a few different categories of trusts that can be created, and they can have many different purposes. So how does one know which type to choose?

What is 'competency' for naming a preneed guardian in Florida?

This blog has discussed a number of issues regarding adult guardianship in the state of Florida. We have discussed what a guardian's duties might be, some pitfalls facing guardians, as well as some discussion of the various arguments regarding the reformation of the professional guardian field. We have also discussed that creating a document appointing a "preneed" guardian is one option in estate and incapacity planning. Preneed guardianship designation allows one to designate a specific person to take care of him or her should the designator become incapacitated.

Burden of proof in Florida probate undue influence cases

As we have discussed before, "undue influence" is one of the most common allegations when people contest a will in Florida. Because of this, both the legislature and the state supreme court have weighed in on the issue at various times. Below is a very brief description of their various actions.