Author Archives: Jay Butchko
FAQs for Wills and Probate Attorneys
Whatever your past experience with Florida probate and/or estate planning, anyone and everyone can benefit from an initial consultation with a wills and probate attorney. Making the most of an initial consultation requires active participation, and a back and forth conversation so your attorney can better assess your situation and advise on your unique… Read More »
What Is Mortgage Fraud?
Mortgage fraud is a complicated issue that has dramatically affected the United States for several years. This is particularly true for Floridians. Mortgage fraud is recognized at the federal level, the Federal Bureau of Investigation treating it as a subcategory of financial institution fraud. Specifically, mortgage fraud is a financial institution fraud that is:… Read More »
Can a Premarital Agreement Affect Your Probate Estate?
Premarital agreements– aka prenups–are most often associated with a couple divorcing. This may very well be true, but a divorce is not the only thing that a prenup might affect. Prenuptial agreements – and postnuptial agreements – can also be drafted to address what will happen to various assets should either of them die… Read More »
Fighting Creditor Claims in Florida Probate
Have you had a loved one pass away in Florida recently? The passing of a loved one is always a difficult time. Adding to this is the mix of emotion and often overwhelming thoughts of trying to navigate the legal intricacies of the notorious Florida probate process. One significant wrinkle to work through that… Read More »
Business Litigation in Florida: Is it a Trade Secret Violation – or Reverse Engineering?
The Defend Trade Secrets Act and similar state statutes create a civil cause of action for misappropriating another’s trade secrets if the trade secret relates to a product (or service) used in interstate or foreign commerce or intended for use in interstate or foreign commerce. 18 USC § 1836 specifies that, under such circumstances,… Read More »
Resolving Disputes Between Beneficiaries
Picking up the pieces after the death of a loved one can be grueling. The last thing anyone wants to add is an explosive, bitter feud rising between beneficiaries. Unfortunately, disputes between beneficiaries are common. Whether one person feels they did not receive their fair share, or there is a particular asset or sentimental… Read More »
I’m Being Sued Over My Inheritance: What Do I Do? Part II
Probate is intricate, and can be quite a challenge to navigate through. Fortunately, the experienced legal team at Suncoast Civil Law can help. In part one of this series, we began the discussion concerning the drama that can ensue if someone challenges a will, or otherwise tries to challenge your right to your inheritance…. Read More »
How Estate Planning Can Help Prevent Elder Exploitation
Older generations of Americans are vulnerable to financial exploitation by a broad spectrum of perpetrators. Unfortunately, this includes not only strangers, but also people they know, trust, and welcome into their lives. Elder exploitation cases are normally complex and can be difficult to fully investigate and pursue. Elders can lose their life savings and… Read More »
Gifting in Life vs. After Death
In Florida the estate tax, commonly referred to as the “death tax,” will only affect the estates with a taxable value that exceeds the federal estate tax threshold. In 2024 the federal estate tax threshold sits at $13.61 million for individuals. This means that married couples will only have to worry about estate taxes… Read More »
Tips for Using Photos as a Clarification Strategy in Estate Planning
Along with purely financial assets and property, clients also usually use a last will and testament (or other estate planning tools such as trusts) to pass down important sentimental items. Many families retain heirlooms that hold important value to the family, while not holding a particularly high financial value. The issue with these kinds… Read More »