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
Common Law Marriage in Florida: A Guide for Unmarried Couples
Common law marriages are legally recognized marriages between two partners that have been together for a set amount of time, in many places, for example, seven years. Despite the term, common law marriages are not very common in the United States and are only recognized in a few states. In Florida, the belief that common […]
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 […]
Estate Planning for Blended Families
Blended families are becoming more common as time goes on. Estate planning, specifically for blended families, is vital to ensure parents’ wishes and distribution plan are followed, children and stepchildren are provided for, and family issues are reduced or eliminated following the death of a parent. Without estate planning documents, the statutes outline what percentage […]
Secure Your Future and Your Legacy: Why Estate Planning is a Must for Young Adults
Estate planning may seem like something that only older adults or those with significant assets should worry about; however, it is important for all adults, especially young professionals, to complete as well. 5 Reasons Why Estate Planning is a Must for Young Adults 1. Protecting Your Loved Ones Estate planning allows you to protect the […]
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. […]
How a Florida Land Trust Can Help Investors Buy Properties When Taking Over Mortgage Payments
Florida real estate investors have long used land trusts as a versatile legal tool with multiple benefits. The basic framework of a land trust is as follows: The property owner conveys title through a deed to the new owner, the trust. The trustee of the trust holds legal title, while the beneficiary owns a beneficial interest in […]
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? […]