Ryan M. Mynard, Attorney at Law, P.A.

February 2018 Archives

WHEN CAN A TRUST BE REVOKED IN FLORIDA?

Trusts are often a critical component of estate planning, as they provide numerous benefits that go above and beyond what is available through a will. Among other things, a trust allows you to: 1) pass assets both during your lifetime and after; 2) avoid having your assets stuck in a probate court, litigated over by family members and others; 3) provide clear, enforceable management of those assets and directions regarding their use; and 4) protect those assets from creditors, at least in some cases. Trusts are also revocable in some cases, which means that the person creating the trust (the "settlor") can dissolve the trust altogether and/or transfer assets out of the trust. Here is an overview of when a trust can be revoked in Florida.

PREFERENCES BETWEEN A MOTHER AND FATHER IN A FLORIDA CUSTODY CASE

It is an enduring myth that Florida courts will prefer the mother over the father in a custody matter, regardless of whether the parents were ever married. Although there may be some perceived bias on the part of some judges who make these determinations, Florida law requires that judges cannot prefer one parent over another merely based on their gender. Instead, judges are required to make decisions based on who has the ultimate responsibility of the child - and with whom the child will reside and when - based on the best interests of the child, and should involve both parents in taking care of the child, unless it would be detrimental to the child to do so.

CHALLENGING A WILL IN FLORIDA PROBATE BASED ON UNDUE INFLUENCE

Applying pressure to an elderly person to get him or her to change a will in your favor - whether the actor applying the pressure is a family member, friend, service worker, stranger, or otherwise - is sadly not just the stuff of soap operas and tabloids. It happens quite frequently, with elderly and/or ill individuals at the end of their lives being common targets of what is called undue influence. A person does have the right to distribute their property as they see fit via a will, but when a person exercises undue influence to pressure another person to change his or her will, the beneficiaries who would have otherwise received property under a previous version of the will can challenge the will in Florida probate court.

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With offices in Crestview, we advise and represent clients throughout Northwest Florida. To speak with a dedicated and compassionate estate planning and probate lawyer, please call 850-683-3940 or contact us via email. We would be honored to speak with you about your concerns.

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Ryan M. Mynard, Attorney at Law, P.A.

Ryan M. Mynard, Attorney at Law, P.A.
420 East Pine Avenue
Crestview, FL 32539

Phone: 850-683-3940
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