Author Archives: Jay Butchko
Florida Trusts: Terminology And What It Means
If you are just starting the estate planning journey and want to know whether a trust is the right fit, a good starting off point is getting to know the important terminology. A helpful resource is the definitions section of the Florida Trust Code, which covers the essential parties to a trust. The settlor… Read More »
5 Facts You Did NOT Know About Property Division In Florida Divorce
Not all divorcing couples will need to deal with alimony and care for minor children, but the vast majority of parties must address how to divide their assets. Florida divorce laws require equitable distribution of property, an analysis that starts by determining whether an item is marital, partially marital or separate property. The default… Read More »
Child Custody In Florida Divorce Mediation: Tips For Parents
Even when going through divorce, parents still love their children and want what is best for them in terms of residential arrangements, education, social development, and other lifestyle-related factors. Unfortunately, parties might struggle with the details when it comes to handling child custody issues in divorce. The good news is that not all disputes… Read More »
Considerations When Cutting An Heir Out Of Your Estate Plan In Florida
Finding out that someone has been cut out of a decedent’s estate plan can be among the most jaw-dropping moments in a TV or film drama, but many people do consider their options in real life as well. Essentially, the objective is to leave out a person who would normally inherit part of the… Read More »
What To Expect When A Guardian Ad Litem Is Appointed In A Florida Family Law Case
The practice of law is a field that encompasses numerous Latin terms, and one you may encounter in a Florida family law case is guardian ad litem (GAL). Taking these terms in turn may offer some insight on the concept: A guardian is someone appointed by a court or otherwise empowered to act on… Read More »
Reasons To Consider Changing Your Florida Power Of Attorney
As you probably recall from when you originally created your Florida estate plan, it is important to review your documentation and decisions periodically. Changes in your life, family, employment, and even estate planning laws might necessitate modifications over time. However, while many people focus on their will or trust, you should also review the… Read More »
Guarantees When You Do NOT Have A Florida Advance Directive
Even if you have not yet made arrangements for incapacity as part of your estate plan, you are probably aware that the best tool for handling health care matters is an advance directive. Florida law empowers you to create a Designation of Health Care Surrogate for this purpose. Despite the fancy legal terminology, this… Read More »
Penalties For Improper Transfers Under Medicaid Rules
With the average cost of assisted living facilities ranging around $8,600 to $9,800 per month in Florida, elderly individuals and their families will probably be considering various ways to fund long-term care. Aside from using personal funds or insurance, the primary option in terms of public assistance will be Medicaid, since Medicare does not… Read More »
Next Steps After Signing Your Florida Estate Plan Documents
You will probably breathe a sigh of relief or even share a toast when you complete the Florida estate planning process and sign all the necessary documents. There is a great sense of accomplishment at finishing this very important task, and you get peace of mind knowing arrangements are in place for incapacity and… Read More »
What To Include In A Florida Divorce Settlement Agreement
Divorce can be a highly contentious legal proceeding when there is animosity and distrust between the parties, but you might be surprised to find that protracted court battles are somewhat rare. Many cases are resolved in full or in part by agreement, and Florida divorce laws actually encourage spouses to compromise on the key… Read More »
