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EstatePlan6

Can I Choose a Non-Resident Executor (Personal Representative) for My Estate?

By Gierach and Gierach, P.A. |

We have discussed what an executor (known as “personal representative” in Florida) is, who can be appointed as one, and whether/how they can be removed. Personal representatives can be selected by those setting up their estate plans or by the judge to take charge of the administration of a decedent’s estate. They identify, organize,… Read More »

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ArtonWall

How to Protect Art & Antiques in Estate Planning

By Gierach and Gierach, P.A. |

As attorneys who practice in estate planning here in Florida, one of the most common questions we receive is how to intelligently cover estate planning for art, antiques, and other personal property valuables. These items frequently pose additional layers of complexity when it comes to a estate planning; complexities beyond what real estate or… Read More »

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ElderLaw3

Terri Schiavo’s Story of Starving to Death Highlights How Important Designating a Health Care Surrogate Is While You Are Still Healthy

By Gierach and Gierach, P.A. |

One notorious story here in Florida that occurred years ago is a powerful reminder of just why it is so important for us to designate a healthcare surrogate. The story is that of Terri Schiavo who, at the age of 26, experienced a debilitating severe brain injury and, without a medical directive, was left… Read More »

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Probate2

How Payable On Death Accounts Fit into Florida Estate Planning

By Gierach and Gierach, P.A. |

A “transfer on death” account (also known as “payable on death” or “in-trust-for” accounts, or “Totten trust”) allows joint account holders (of a bank account, etc.) to dictate who receives the funds or assets once that the second owner dies. These accounts are managed based on state law; for example, Florida does not allow… Read More »

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EstPlan9

Estate Planning “When You Hate Your Son-In-Law”

By Gierach and Gierach, P.A. |

As attorneys who regularly practice in the area of estate planning and probate, we frequently assist clients who have concerns about which family members are going to be privy to their estate. Specifically, there are a number of families that have concerns about certain family members—such as in-laws—and they will sometimes seek counsel from… Read More »

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The Dangers of Do-It-Yourself Estate Planning

By Gierach and Gierach, P.A. |

In a society that is obsessed with all things do-it-yourself, it can be enticing to apply the same motto to estate planning. However, “doing it yourself” when it comes to estate planning can be downright hazardous for the reasons we discuss below. Templates First, when it comes to estate planning, “one size” does not… Read More »

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EstPlan8

High Priority Tips & Advice For Estate Planning & Avoiding Probate

By Gierach and Gierach, P.A. |

As estate planning and probate attorneys that practice and advise clients every day here in Florida, we see a lot of mistakes made with family estates; mistakes that lead to nasty probate outcomes that absolutely could have been avoided with better legal counsel and planning. Below, we’ve discussed some of the common topics that… Read More »

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Guardianship

Investigation Finds That Florida’s Court-Appointed Guardianship System Is Corrupt

By Gierach and Gierach, P.A. |

According to a new investigation released by ABC Action News, court-appointed guardians are very rarely held accountable by the state agency in charge—the Office of Public and Professional Guardians (“the Office”)—when they commit serious violations. Since it was established, the Office has reportedly handed out less than 20 warning letters related to actions such… Read More »

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YoungCouple

You Need an Estate Plan Even If You Do Not Have Children. Here’s Why

By Gierach and Gierach, P.A. |

Just like some couples assume that they do not need a prenuptial agreement unless they are extremely wealthy, others may assume that they do not need an estate plan if they do not have children. However, nothing could be farther from the truth. The reality is that, without an estate plan, you have no… Read More »

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EstPlan12

Why Do I Need Beneficiary Designations If I Have A Will?

By Gierach and Gierach, P.A. |

A will—like other elements of your estate plan, such as a trust, advance directive, health care proxy, power of attorney, etc.—is part of a bigger whole when it comes to estate planning. Beneficiary forms are another essential part of this process. They designate who you want to receive proceeds from certain accounts, such as… Read More »

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