Author Archives: Jay Butchko
Essential Florida Asset Protection and Estate Planning Strategies: Part II
In the first installment of this two part series, we began discussing the plethora of estate planning and asset protection options Florida law has for its citizens to take advantage of. Different tools serve different needs, and many options exist to help every Floridian safeguard their hard-earned assets. Today, we continue the conversation and… Read More »
Essential Florida Asset Protection and Estate Planning Strategies
Florida provides its residents with a diverse array of asset protection and estate planning strategies which can be utilized to safeguard assets from potential risk and solidify your estate plan. In this two-part series, we will generally discuss a few of the essential strategies that Florida residents can use to protect their assets and… Read More »
Class Gifts: Leaving Assets to a Group
A class gift refers to a group of assets that is given to a group of beneficiaries and then divided among them. The group of beneficiaries that a class gift is meant for can be expected to change – either by expanding, or potentially growing smaller – between the time a last will and… Read More »
What is an “Implied Contract” in Florida Business Litigation?
An “implied contract” is a principle of law in which the court will treat an implied agreement between parties as an enforceable contract. This is true, even if the formal elements of what makes a binding contract are not all otherwise met. Implied contracts are not widely understood, but they are a fundamental principle… Read More »
I’m Being Sued Over My Inheritance: What Do I Do?
Probate, and all of the steps in the journey of moving a decedent’s estate through the probate process, can be a challenging experience. Even a life changing one. Not only might you inherit (or lose access to) a great amount of property or other sentimental items – your relationships with your remaining family may… Read More »
Strategies to Include Long-Term Flexibility in Florida Trusts
Planning for the unknown is an important skill that comes into play in many areas of life – and it can significantly impact estate planning. Particularly when it comes to building the appropriate trust for your estate – it can be essential to think through the “what ifs” and anticipate the unexpected happening. Intentionally… Read More »
“Novation”: Breach of Contract Defense in Florida
If you were to replace one contract with another, would the original contract still be enforceable? Well, the answer to that question revolves around a contract principle called novation. Novation in Florida Law It has been established that under Florida case law, “novation is a mutual agreement between the parties to a contract for… Read More »
What is the Rule Against Perpetuities – and How Does it Work in Florida?
The term “rule against perpetuities” is something you are unlikely to encounter unless you are in the midst of some kind of estate building, probate issue, or in the middle of a law school classroom. As we have discussed in previous articles, several items in our modern-day law are evolutions of ideas and concepts… Read More »
Mental Capacity in Florida Probate
Our office recently offered a brief article discussing some of the facts we currently know about the Sergio and Tatiana Pino case. While our last article briefly discussed some of the facts and questions surrounding Florida joint tenancy, this article will further discuss some of the claims and challenges currently in play in the… Read More »
Sergio Pino and the Battle of Probate vs Joint Tenancy
It is not altogether uncommon for a probate case and a criminal case to collide. However, a Florida criminal and probate case is rarely as sensational as that of the recent case of Sergio Pino, a wealthy South Florida “Century” developer. The Case of Sergio Pino For those who are unfamiliar with the case,… Read More »