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

WILL SOMEONE TRY TO VOID YOUR WILL OR TRUST AFTER YOU DIE? CAN THEY DO THAT?

By:  Linda Hankins

It is not uncommon for family members of the decedent to file a lawsuit to void the decedent’s testamentary documents, particularly if they are not satisfied with the distribution. Recently, you may have read that Casey Kasem’s estate plan was voided in part because of his dementia.

There are three ways a will or testamentary trust can be declared void by a Judge after the testator’s death. One is by proof that the testator lacked capacity at the time he or she signed the testamentary documents. The other two causes of action are failure to execute the documents in strict compliance with Florida law, and undue influence by a trusted third party who coerced the testator to change his or her estate plan.

To ensure your estate plan is enforced, see a qualified estate planning attorney to prepare your estate planning documents when you are capable of clearly communicating your intent. Do not wait until you are ill or relying on others for assistance. If you are able to give direction to the attorney on your own, and are clear regarding your intentions, this will be documented in the attorney’s file, and a challenge to your estate plan after your death, will, most likely, be unsuccessful.