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No contest clauses in Florida wills are unenforceable. Frequently, no contest clauses are referred to as in terrorem clauses. Historically, many lawyers would draft wills with no contest clauses in order to discourage individuals from challenging the wills. A typical no contest clause would state that if a beneficiary under…
Category: Trusts
The Florida Trust Code provides that “the trustee shall keep the qualified beneficiaries of the trust reasonably informed of the trust and its administration.” Fla. Stat. § 736.0813. The trustee owes a duty to inform and account. The trustee’s duties to each qualified beneficiary include but are not limited…
What happens in Florida if someone gets divorced and then dies without updating their estate plan? Depending on the asset, Florida law provides a set of rules governing the effect of a divorce on that particular asset. Last Will & Testament Florida law provides that all provisions in favor of…
One of the most basic elements of estate planning is deciding between a will and a trust. Many people are familiar with the basics of a will and assume that trusts are only for people who are extraordinarily wealthy. This is not the case. Trusts can provide several benefits to…
While careful estate planning helps, some trust disputes are simply unavoidable. Unfortunately, these disputes can consume a great deal of time and resources if they are not handled properly. If you or your family is engaged in a major dispute, an experienced Palm Beach County trust dispute attorney can help…
