Author Archives: Jay Butchko
Recourse For Abuses Of A Florida Durable Power Of Attorney
A durable power of attorney is one of the most effective tools at your disposal for handling property if you become incapacitated, so it is a key component of Florida estate planning. With this document, you appoint an agent to manage your real estate, personal property, and other assets if you are unable to… Read More »
Types Of Advance Directives In Florida Estate Planning
Advance directives go by different terms, which is part of the reason there can be confusion over how they work as part of estate planning. Florida’s statutes on Health Care Advance Directives covers a range of documents that can be used to manage medical needs during your lifetime. These are matters that address incapacity,… Read More »
Factors To Consider Regarding Pets In Florida Divorce
While not everyone is a pet lover, those who do adore their cats, dogs, and other furry friends would never consider them just another piece of property in divorce. It sounds so inhumane to think of divvying up pets just as you would furniture, vehicles, and a checking account. Unfortunately for those who believe… Read More »
Overview Of Self-Proving Affidavits For Florida Wills
Most people are aware that a testator (the person who is making the will) must be of sound mind and body to create a will, but there are many other legal criteria that must be met to ensure it is legal. One important requirement relates to signing and having other witnesses observe the execution… Read More »
Can I Get A Domestic Violence Injunction Against A Same-Sex Partner In Florida?
Same-sex couples have had the right to marry since the 2015 US Supreme Court decision in Obergefell v. Hodges, but they have enjoyed the protections of Florida domestic violence laws for decades. Therefore, yes, you are entitled to the protections of a domestic violence injunction.. Under Florida’s statute on domestic violence injunctions, it is… Read More »
How Inflation Affects Child Support In Florida
Inflation has been on the minds of Americans and in the news frequently over the last few months, and many households are making adjustments for a higher cost of living. According to a recent article in the Tampa Bay Times, inflation accelerated throughout September as consumer prices rose 8.2 percent. The costs of food… Read More »
How No-Contest Clauses Work In Florida Probate Cases
There are very specific rules about preparing a will in Florida, and one of the most important requirements relates to the testator having sound mind to create one. Plus, by state law, a will is void if the surrounding circumstances indicate fraud, duress, mistake, or undue influence. As you might guess, when someone is… Read More »
Tips When Choosing Fiduciaries For Your Florida Estate Plan
Anyone in the early stages of research about Florida estate planning will probably realize the benefits in terms of avoiding legal limbo, managing incapacity, and protecting your legacy. You might even be aware of the options that are available under state law and which ones would benefit your situation. However, some individuals come to… Read More »
What Happens When Florida Collaborative Divorce Does Not Work?
Collaborative law offers numerous benefits for Florida divorce cases, including faster time to completion, and giving the parties more control over the process the ability to be creative with the resolution.. The language of the Florida Collaborative Law Process Act even states that its purpose is to create and promote peaceful, early resolution of… Read More »
Debunking Medicaid Myths About Florida Elder Law Planning
When it comes to Medicaid, elder law, and planning for assisted living, it seems that family and friends will always have advice to share. In some cases, this is information you can use. Two of the most important points are: Medicaid is a public health program established by the US government, and it is… Read More »
