A Dangerous Curve Ahead: Access to Florida Guardianship Proceedings at Risk

By: Melody B. Lynch

Yesterday, the Orlando Sentinel reported that The Florida Bar Board of Governors, at the recommendation of The Real Property Probate and Trust Law Section of The Florida Bar, is considering a proposal to change Florida’s guardianship law to further reduce and limit the information available to family members regarding their loved ones involved in guardianship proceedings. In addition to limitations on family members, the media and other groups would also be barred from accessing guardianship records if the new proposal is adopted and ultimately ends up in the legislature. read more

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Three Documents You Must Have to Protect Your Family During the COVID-19 Crisis and Beyond

By: Melody B. Lynch & Brian Lawrence

Naturally, COVID-19 has led to a large degree of uncertainty, which emphasizes the importance of having your estate plan in place – or establishing one if you have not done so already. While it is impossible to prepare for every possible contingency, there are ways to give yourself some peace of mind.

Here are three essential legal documents to execute during this crisis to help protect you and your family going forward: read more

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Top 3 Tips to Protect Your Loved Ones in the Wake of the Rebecca Fierle Guardianship Scandal

By: Melody Lynch

Per AARP, an estimated 1.3 million American adults are under guardianship, with approximately 85% being over age 65.  In the wake of revelations that professional guardian, Rebecca Fierle, signed Do Not Resuscitate orders for a plethora of elderly wards in her care without knowledge or approval by family members, you may be wondering how to protect your family in the event that guardianship is necessary or appropriate. read more

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The Quiet Power of Julie Frey

By: G.K. Sharman

Super Lawyers

Julie Frey was a shy 9-year-old when her father, prominent Orlando attorney and former Navy aviator Lou Frey Jr., ran for Congress. read more

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Worried That a Sizeable Estate or Trust Gift Was Procured by Undue Influence?

By: Melody Lynch

Do you have a loved one who recently passed away and you are concerned that their will or trust was procured by undue influence? Although the law on undue influence has not evolved much since the seminal Florida Supreme Court case of In re Estate of Carpenter in 1971, the greying of the population in Florida has resulted in an increase in undue influence claims in the courts. In order to prove undue influence in Florida, you must demonstrate that a substantial beneficiary acquired an asset via undue influence. This person must have had a confidential relationship and must have actively procured the gift in one of the following ways: (1) presence of the beneficiary at execution of the document; (2) presence of the beneficiary when the person expressed the desire to make a will or form a trust; (3) the beneficiary recommends the attorney who prepared the will or trust; (4) the beneficiary knows the contents of the will or trust prior to execution; (5) the beneficiary gives direction to the attorney preparing the document; (6) the beneficiary secures witnesses for execution; or (7) the beneficiary maintains the will or trust for safekeeping. read more

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