Author Archives: Jay Butchko
How The Separation Of Church And State Affects Your Estate Plan
The First Amendment to the United States Constitution provides for the separation of church and state. This means not only that the United States does not have an official state religion and that people are free to practice any religion or none at all, but also that the federal and state courts in the… Read More »
Smartphone Apps Are For Estate Planning, Too
Family law courts sometimes order divorced couples who cannot stand to be in the same room and cannot talk to each other without fighting to download co-parenting apps like Our Family Wizard, which enable parents to communicate by text message, archiving the messages to show to the court, if necessary, and even warning parents,… Read More »
Estate Planning In A World Where 50 Percent Of Seniors Will Develop Dementia
The fun parts of estate planning are the parts alluded to in the photos on the websites of estate planning law firms. You see pictures of seniors walking on the beach with their grandchildren and dancing on the dancefloor as they celebrate their 50th wedding anniversary. These pictures would make you think that estate… Read More »
Getting Over Estate Planning Procrastination
If you are in your forties and employed, and especially if you have children, it is safe to assume that you have developed the skill of planning and sticking to your plans. You schedule and attend doctors’ appointments for yourself and your children, you gather your tax documents and file your income tax returns,… Read More »
Final Disposition Of Remains Planning
Estate planning is about making plans for the things you can’t take with you when you die and ensuring their wellbeing while you are alive. A lot of estate planning focuses on finances, because the thought of your family members fighting over your estate during probate is painful, as is the thought of them… Read More »
Ambiguous Marital Status Can Mess With Probate
Compared to a lifetime of loyalty and togetherness, marriage is just a piece of paper. You might not care whether the court thinks the person with whom you share your life and who will take care of you in your old age legally counts as a spouse, but the probate court does. In the… Read More »
Senior Lovebirds, Review Your Prenup Today
Ask anyone who met their spouse late in life, and they will tell you that over 50 is the best time to fall in love. Late in life romance is all fun and no games. When you put a ring on it after AARP newsletters start arriving in your mailbox, you have already made… Read More »
Yes, Your Parents Can Disinherit You If You Don’t Pay Them Back
Many probate disputes begin when a family member inherits less, pursuant to a deceased relative’s will, than they expected to inherit. The disinherited relative may allege undue influence, claiming that the main beneficiaries of the will manipulated the decedent into changing their will, either through deception or bullying. Many undue influence cases are years… Read More »
What Happens In Probate Court When A Nonresident Of Florida Dies In Florida?
Florida’s laws are famously welcoming of visitors and newcomers; there is a reason that so many senior citizens visit Florida and, not long after, decide to stay permanently. Probate court is similarly welcoming of the estates of nonresidents who made a final visit to Florida. The Florida probate courts will consider a will as… Read More »
The Aging In Place Tour Of Your House
If your children and grandchildren visited you for the holidays this year, the visit probably began with you showing them everything in your house that you had acquired more recently than their last visit, such as new furniture or appliances. When your family is visiting you, it is always a reminder that human companionship… Read More »
