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Category Archives: Estate Planning

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What Is A Mutual Will Agreement In Florida?

By Legacy Protection, LLP |

As estate planning lawyers, we often get asked about Joint Wills and Mutual Will Agreements. If you are a married person who wants to set up an estate plan, you may have thought about creating a Mutual Will. It is not uncommon for spouses to want to combine their Wills by using a Joint… Read More »

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How Do Florida Courts Determine Mental Incapacity?

By Legacy Protection, LLP |

The terms “capacity” and “incapacity” are often used in estate planning documents and laws, but many people do not understand the legal significance of these two words.  Depending the context, these terms can have vastly different meanings. What is Testamentary Capacity? One of the requirements to execute a valid Will is to be over… Read More »

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Should I Create A Will Or A Revocable Living Trust?

By Legacy Protection, LLP |

Clients often ask our attorneys, “Is it better to have a Will or a Revocable Living Trust?”  It is important to understand that each person/family is different, and what is best for your neighbor may not be best for you.  When deciding which estate planning tool is best for you, it is important to… Read More »

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Does Florida Recognize Holographic Wills?

By Legacy Protection, LLP |

Many people who consider creating a Last Will and Testament wonder if they can write a Will in their own handwriting.  It is often on someone’s “deathbed” which is why there are many issues surrounding the creation and execution of a holographic Will. What is Considered a Holographic Will? A holographic Will is a… Read More »

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Do I Need To Revise My Estate Plan After A Divorce?

By Legacy Protection, LLP |

As a rule of thumb, you should review your estate plans after a major life event.  A dissolution of marriage is a major life event that should prompt you to review your estate planning documents to confirm it still accurately reflects your wishes. However, not updating your estate plan after a divorce could complicate… Read More »

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What Are The Different Types Of Trusts In Florida?

By Legacy Protection, LLP |

Trusts can be an essential element of any estate plan. However, there are many Trusts to choose from and it can be difficult to determine which one is best for you.  Below is a high-level review of four different types of Trusts that can be essential to estate planning. Let’s start with the basics… Read More »

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What Is A Codicil To A Last Will And Testament?

By Legacy Protection, LLP |

The term “codicil” may be heard when discussing updates to estate planning documents, particularly the Last Will and Testament. However, not everyone understands what a “codicil” is and what it means.  Most Wills in the state of Florida can be revoked or amended at any time before the testator’s death or incapacity.   If a… Read More »

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How Often Do I Need to Update My Estate Plan?

By Legacy Protection, LLP |

Many people believe that once they create an estate plan, they place their plan in their safe deposit box or in their office and they do not look at it for decades.  In reality, you should regularly review and update your estate plan to ensure that it still reflects your intentions. So how often… Read More »

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How Premarital & Postmarital Agreements Affect Estate Planning in Florida

By Legacy Protection, LLP |

Many couples use marital agreements to protect their assets in the event of a divorce or death. However, while premarital or postmarital agreements offer a number of benefits during divorce, marital agreements can greatly affect your estate planning. If you have a premarital or postmarital agreement and are looking to create an estate plan,… Read More »

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Living Will: What is It and What Are the Benefits?

By Legacy Protection, LLP |

A Living Will is a legal document that allows you to describe your wishes regarding medical treatment and procedures when you are no longer able to provide informed consent.  The person creating the Living Will (“the principal”) can describe his or her preferences for medical treatment for his or her end of life care…. Read More »

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