Author Archives: Jay Butchko
On the Art of Saying “No” to Your Children’s Demands for Money
It might be tempting to tell the parents of toddlers that parenting gets easier once your children are grown up, but it doesn’t always turn out that way. Trying to help young adult sons and daughters become financially independent can be as nerve-wracking as helping toddlers get into the habit of using the potty… Read More »
As Long as You Both Shall Live, and Then What?
In many ways, estate planning is simpler if you and your spouse have been together since you were in your 20s. After a marriage of all those years, you and your spouse share a circle of friends and a decades-long relationship with each other’s blood relatives, whether or not you have children together. Virtually… Read More »
Can a Constructive Trust Solve Your Probate Problems?
Florida law recognizes a variety of ways to keep certain assets out of probate. There are rights of survivorship, transfer on death and payable on death accounts, good old-fashioned revocable trusts, and in the case of married couples, tenancy by the entireties. Florida also interprets the legal concept of a “constructive trust” differently from… Read More »
Expensive Jewelry and Your Estate Plan
Probate disputes about items of jewelry that belonged to the deceased person happen more often than you might guess. Sometimes it is difficult to tell whether it is the sentimental value or the appraisal value of the jewelry that is the true cause of the conflict, but this does not make the conflicts any… Read More »
How Flexible Are Probate Courts About Documents Filed Late?
There is a popular saying in civil law that the law favors the vigilant. This is why many legal processes have a statute of deadlines, which is a deadline by which you must file your claim or lawsuit if you want the court to consider your request for money from the party from which… Read More »
The 4 Percent Rule and Your Estate Plan
For as long as you have had an income, you have probably been hearing that you should pay yourself first. This principle applies to estate planning, too. A successful estate plan requires you to have enough money save to last for the rest of your life, at least. The question of how much money… Read More »
How Long Do You Have to File a Claim Against the Estate of a Deceased Person?
One of the hallmarks of a successful estate plan is that it allows nearly all of the assets you own now to pass on to your beneficiaries after you are gone. Until you have dealt with the details of probate, it is easy to assume that you have covered all your bases just by… Read More »
UTMA Accounts for Minors: What Could Possibly Go Wrong?
If you are a member of the 99 percent, the ways in which your children and grandchildren could benefit from your gifts are obvious, and you don’t have much of a cushion with which to pay fees and taxes associated with these gifts. The annual gift tax exclusion is a godsend to people for… Read More »
The Seven Signs of Undue Influence
Can you challenge someone’s will just because you are upset that they did not leave you as much money as you were hoping to get? Sure, but it is unlikely that the court will change its decision to administer the will as it is written. A will is a legally binding statement of a… Read More »
Do You Need a Lawyer to Help You Resolve These Common Probate Disputes?
If you are in the habit of viewing everything through a lens of gratitude, then you might consider it an honor to be the personal representative of a family member’s estate. Your spouse, parent, or sibling trusted you to follow his or her wishes as listed in the will, and you are more than… Read More »
