Author Archives: Jay Butchko
Former Florida Mayor Loses Law License Following Estate Law Misconduct
Last spring the community of St. Augustine was rocked by the news that their former mayor, of nearly a decade, was under investigation and suspended from the Florida Bar. The Florida Bar guards the integrity of the practice of law in Florida. The Florida Bar, in conjunction with The Florida Supreme Court, are responsible… Read More »
Removing a Beneficiary from a Florida Trust
A trust is one of the most popular estate planning tools utilized in today’s legal landscape. Utilizing a trust is a popular step for many reasons. One of the primary benefits of the legal document is that it enables the grantors of property, money, assets, etc., to manage and distribute the assets put into… Read More »
Spousal Inheritance and the Elective Share
When the legendary playwright William Shakespeare passed away it came to light that in his will, he left various items to his two children, his sister, and his sister’s children. But what is most talked about was what he left to his wife – or what he failed to bequest to her. In regards… Read More »
Allman Brothers Band Legend Dies at Sarasota Home: Passing on Intellectual Property
Dickey Betts, a driving force behind the iconic Allman Brothers Band that is known for launching the Southern rock movement, died Thursday, April 18, at his home in Florida near Little Sarasota Bay. Mr. Betts led the iconic 1970s band in its later periods, and wrote and sang what is perhaps one of the… Read More »
Florida’s ‘Dutiful Child’ Inheritance Exception
A change to a last will and testament is not unheard of, and, on its own, is not a reason for concern. However, sometimes a change to a will raises questions after the testator passes away. This might happen if a person is unexpectedly cut out of the will, or if another person is… Read More »
Are Florida Revocable Living Trusts Actually Private?
Many individuals who begin looking into building their own estate plan are drawn to the idea of a revocable trust. Many like the idea of maintaining the level of control afforded by a revocable trust, and they have often heard of the lauded “privacy” allowed to those items in a revocable trust, as opposed… Read More »
Can an Oral Will or Trust be Enforced in Florida?
Every state has developed their laws regarding wills and estates independently of one another – that means that each state will have different rules. This is why it is so imperative to check and make sure that the estate plan and documents you have in place are going to work within the state that… Read More »
Can I Contest a Trust in Florida?
Trusts are an essential piece of many Floridian’s estate plans. It is easy to see why – a trust can be an important tool in helping beneficiaries to avoid the notoriously tricky Florida probate process and guardianship courts. While trusts can help to protect important assets, it is not without its rules and complications…. Read More »
Why You May Need an Attorney Upon a Loved One’s Death
The first time many people encounter the courts or the potential of hiring an attorney is after the death of a close relative. Oftentimes a bank or financial institution will reach out requesting information, or someone is notified that they are a beneficiary of an estate, or that they have inherited some responsibility under… Read More »
The Importance of “Material” Matters in Business Contracts
When we enter into a contract with someone, both parties want something from the other. Whether that is an actor coming to your daughter’s birthday party dressed like a princess, a decking company to finish the barbecue area before the fourth of July party, or a multimillion dollar deal for a corporation to perform… Read More »