Author Archives: Jay Butchko
Common Florida Parenting Plan Violations and What You Can Do About Them
When going through divorce, one of the most important issues you will address is child custody and visitation under Florida’s statute on time-sharing and parenting plans. The laws favor both parents participating in important decision-making, which means each of you will have rights and responsibilities. Even where one parent has the child the majority… Read More »
Common Grounds for Probate Litigation and How to Avoid Them
If you are like many people, the last thing you want to happen after your passing is disagreements about your estate among your heirs, beneficiaries, surviving loved ones. Unfortunately, infighting and legal disputes are much more common than you might expect. The animosity often leads to lengthy, time-consuming – and costly – probate litigation… Read More »
4 Unusual Estate Planning Laws in Florida
Even though most people know that it is important to prepare a will and other estate planning documents, many hesitate to get started with the process because of the complexities. In fact, when surveyed, 74 percent of Americans believe estate planning to be a confusing topic – a significant factor that holds them back…. Read More »
How Life Insurance Works in a Florida Divorce Case
As parties are going through real estate, bank accounts, retirement benefits, investments, and other assets as part of the Florida divorce process, there is one key item many tend to overlook: Life insurance. You might not think of it as property, since you assume that the only way to access the policy proceeds is… Read More »
What Can a Will NOT Do Under Florida Estate Planning Laws?
For many people, creating a will might seem like an overwhelming task. Caring.com, an online resource for information on issues that affect aging individuals, surveyed 2,400 respondents to find that under half have executed a will or other estate planning documents. The individuals provided different reasons why they have not undertaken the process, but… Read More »
4 Things to Know About Domestic Violence Allegations in a Florida Divorce
Domestic violence is never OK in any context, but the issue seems to enter the picture in divorce proceedings when the stakes are high. Unfortunately, allegations can be misleading, exaggerated, or even downright false if one party seeks to gain an advantage in child custody or issues related to exclusive use of the marital… Read More »
Steps to be Appointed as Guardian for an Elderly Adult in Florida
If you have concerns that an aging loved one is showing signs of mental or physical deterioration, you are not alone. Statistics on dementia indicate that there were 5.7 million Americans living with Alzheimer’s, vascular, and related conditions in 2018, and the figures are predicted to increase along with life expectancy: By 2050, 13.8… Read More »
Should I Sign a VAP for Paternity in Florida?
It is becoming more common for children to be born out of wedlock in recent decades, both in Florida and throughout the US. With this trend comes many questions about parental rights and responsibilities, particularly in connection with paternity issues. If you find yourself in such a situation, you may want to consider preparing… Read More »
Spousal Misconduct During the Florida Divorce Process
Once Florida divorce proceedings are underway, parties experiencing strong emotions are sometimes tempted to engage in misconduct that affects the process. Spite and negativity are often motivating factors, while other acts could be an attempt to influence decisions regarding child custody and visitation. A spouse may even purposefully overspend or hide assets to affect… Read More »
Four Types of Wills Under Florida Estate Planning Laws
A last will and testament is one of the most important, foundational estate planning documents you prepare. It gives you control over where your assets go upon your death, thereby giving you peace of mind during your lifetime knowing that your final affairs are addressed. By law, creating a will is relatively straightforward: You… Read More »