Estate planning documents are tools created to allow individuals a sense of security and protection for their wellbeing during their lifetime and for their assets once they pass away. The five main documents that serve as a fundamental foundation to any estate plan include: Last Will and Testament, Durable Power of Attorney, Health Care Surrogate, […]
Widerman Malek Law Blog
Validity of a Springing Power of Attorney in Florida
A Springing Power of Attorney is a specific type of power of attorney that is activated only upon the incapacity of the principal party. Upon the principal party’s determination of incapacity by a physician or a Court Order, the agent designated in the Springing Power of Attorney is then able to secure and manage the […]
Florida is the Top Place for Military Retirees
Wallethub recently performed an analysis based upon several criteria and determined that Florida is the top place for military retirees. This may shock some (ok, probably not), but for those who are the born and raised type of Floridian, this really isn’t a surprise. How could it be? Beaches, warm weather, no state income tax, […]
Mason Williams Recognized as 2024 Best Lawyers: Ones to Watch
Congratulations to J. Mason Williams IV for his recognition in the 2024 Best Lawyers: Ones to Watch in America. He’s been highlighted for his work in: Commercial Litigation Litigation – Construction Litigation – Trusts and Estates Lawyers recognized in Best Lawyers: Ones to Watch in America are divided by geographic region and practice areas, and […]
Less Than Half of Americans Have a Will
I ran across an article by Gallup that found that less than half of Americans (46%) have a Will. To be honest, I figured it would be lower than that. So many people want to avoid the topic of death that I think it prevents a lot of people from even contemplating executing a Will. […]
Common Estate Misunderstandings
People often wonder what they are entitled to see after a family member passes away or sometimes before, whether it is a power of attorney, living will, will, financial documents, etc. So what are you entitled to and when? The answer, like many legal answers is, it depends. On what? Well, is the person alive? […]
Business & Asset Protection
Customizing Your Documents After your business entities are in place, or your business foundation is laid, your lawyer can begin drafting numerous customized legal documents, such as the entities’ bylaws, operating agreements, or other types of documents that govern both the interactions and operations of the properly selected and formed entities to best meet your […]
Can I disinherit someone?
In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly. There’s a catch or two though. You can disinherit anyone to a certain degree. The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]