If you have recently been appointed as the successor trustee of a family trust in Florida—usually following the passing of the trust’s creator, or grantor—your first instinct might be to honor their wishes immediately by distributing money to the beneficiaries. Stop right there. Simply handing out trust funds without following the proper legal steps can make you personally liable for mistakes. atCause Law Office in Clearwater, FL, helps clients across the entire state of Flor

Adding your children or grandchildren to your home's title using a "quick claim" (quitclaim) deed seems like a fast, inexpensive way to avoid probate in Florida. However, this common DIY estate planning tactic often triggers massive, unexpected tax bills and legal complications for the very people you are trying to help. If you are considering adding family members to your deed, here is what you need to know to protect your property and your heirs. The "Specific Language" Dan

Quick Answer: Yes, a beneficiary designation will always trump your Last Will and Testament. If you name someone as a Payable on Death (POD) beneficiary on an account or transfer a property to them via deed, they own that asset instantly upon your passing. They have absolutely zero legal obligation to follow the instructions written in your will. It is entirely understandable to want to save money, avoid the probate process, and simplify things for your family. Many parents t

When planning your estate, most people assume their Last Will and Testament is the ultimate authority on who inherits their assets. You might believe that if you write in your Will that your assets should be split evenly among your children, that is exactly what will happen. However, there is a specific legal designation that outweighs your Will. If you do not understand the hierarchy of estate planning assets, your written instructions could end up being useless. Does a Wil

One of the questions we're asked almost every week by new clients is: “Do I really need a living trust, or is it fine to just put my kids (or whoever) as beneficiaries/POD on my bank and retirement accounts?” It sounds like a simple shortcut. After all, both methods avoid probate. But in practice, relying only on beneficiary designations (also called TOD for stocks or POD for bank accounts) is one of the most common and costly estate-planning mistakes I see. Here’s the plain-