How Can I Remove a Personal Representative?

When a loved one living in South Florida creates an Estate Plan, they name a Personal Representative who will manage and close the Estate after their death. Typically, the Personal Representative takes their responsibility very seriously and fulfills all their fiduciary and legal obligations. Unfortunately, there are situations when some Personal Representatives do not do this. If you are in a situation in which you believe a Palm Beach County or Florida-based Personal Representative is not fulfilling their obligations, you may be wondering what you can do about it.

If you are a beneficiary or heir of the decedent, you can seek the removal of the Personal Representative named in the decedent’s Estate Planning documents and request the appointment of a new one. Florida’s laws list specific reasons that are grounds for the removal of a Personal Representative. These include if the Personal Representative:

  • Was not qualified at the time they were appointed to the position.
  • Has a mental or physical condition that makes them incapable of serving, or the Court has determined that they have an incapacity to serve.
  • Has failed to comply with Court orders.
  • Maladministered the Estate, wasted its assets, or not accounted properly for the sale of any assets.
  • Failed to “give bond or security for any purpose”.
  • Was convicted of a felony.
  • Had a conflict of interest with the Estate.
  • No longer lives in Florida (if this was a condition of their original appointment to the role).[1]

Additionally, if the Will that named this individual as the Personal Representative is revoked, their appointment to this role is also revoked.[2]

The first step in removing a Personal Representative is contacting a law firm that has attorneys who specialize in probate litigation, like Huth, Pratt & Milhauser. Your attorney will file a Petition with the Court to request the removal of the Personal Representative. The Petition will include the reason for the removal and evidence supporting it. Once the Petition is filed, your attorney will inform all interested parties (heirs, beneficiaries, the Personal Representative, creditors, etc.) about the Petition. The Personal Representative will likely contact a probate litigation attorney of their own. Their attorney and your attorney will try to negotiate an agreement without going to Court. If the negotiation does not produce an acceptable result, your attorney will argue your case in Court and the Judge will determine if the Personal Representative should be removed. If they are removed, the Court will appoint a new Personal Representative or Curator and the existing Personal Representative will submit a final accounting of the Estate. Depending on the reason why the original Personal Representative was removed, they may face criminal charges as well.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas include planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.


[1] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

[2] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

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How Can I Remove a Personal Representative?

When a loved one living in South Florida creates an Estate Plan, they name a Personal Representative who will manage and close the Estate after their death. Typically, the Personal Representative takes their responsibility very seriously and fulfills all their fiduciary and legal obligations. Unfortunately, there are situations when some Personal Representatives do not do this. If you are in a situation in which you believe a Palm Beach County or Florida-based Personal Representative is not fulfilling their obligations, you may be wondering what you can do about it.

If you are a beneficiary or heir of the decedent, you can seek the removal of the Personal Representative named in the decedent’s Estate Planning documents and request the appointment of a new one. Florida’s laws list specific reasons that are grounds for the removal of a Personal Representative. These include if the Personal Representative:

  • Was not qualified at the time they were appointed to the position.
  • Has a mental or physical condition that makes them incapable of serving, or the Court has determined that they have an incapacity to serve.
  • Has failed to comply with Court orders.
  • Maladministered the Estate, wasted its assets, or not accounted properly for the sale of any assets.
  • Failed to “give bond or security for any purpose”.
  • Was convicted of a felony.
  • Had a conflict of interest with the Estate.
  • No longer lives in Florida (if this was a condition of their original appointment to the role).[1]

Additionally, if the Will that named this individual as the Personal Representative is revoked, their appointment to this role is also revoked.[2]

The first step in removing a Personal Representative is contacting a law firm that has attorneys who specialize in probate litigation, like Huth, Pratt & Milhauser. Your attorney will file a Petition with the Court to request the removal of the Personal Representative. The Petition will include the reason for the removal and evidence supporting it. Once the Petition is filed, your attorney will inform all interested parties (heirs, beneficiaries, the Personal Representative, creditors, etc.) about the Petition. The Personal Representative will likely contact a probate litigation attorney of their own. Their attorney and your attorney will try to negotiate an agreement without going to Court. If the negotiation does not produce an acceptable result, your attorney will argue your case in Court and the Judge will determine if the Personal Representative should be removed. If they are removed, the Court will appoint a new Personal Representative or Curator and the existing Personal Representative will submit a final accounting of the Estate. Depending on the reason why the original Personal Representative was removed, they may face criminal charges as well.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas include planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.


[1] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

[2] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

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I Was Named a Personal Representative in a Will. What Does This Mean?

Acting as Personal Representative of a decedent’s (person who has passed away) Estate involves a significant time commitment, attention to detail, and, in some cases, handling conflicts between Heirs and Beneficiaries. There are two ways to be named as a Personal Representative: you could be named in a Last Will and Testament for someone (usually a family member) who has passed away, or, if someone died intestate (without a Will), you could be appointed by the Court. Regardless of how you come into the role, the responsibilities are the same: you must carry out the decedent’s final wishes, pay their final bills, and distribute their assets.

Some of the activities that you can expect to assume as a Personal Representative include:

  • Opening the estate by submitting the Will to the Probate court in the county where the decedent resided, and filing a Petition for Administration.
  • Notifying the Beneficiaries that are named in the Will about the death, or notifying intestate heirs when an estate is being administered without a Will.
  • Marshalling the assets of the decedent and creating an inventory of all the decedent’s assets. This can be time-consuming, especially if the decedent did not keep accurate financial records. Their assets include savings and checking accounts, brokerage accounts, other investment accounts, real estate, jewelry, artwork, physical possessions (clothing, housewares), automobiles, and anything else of value.  
  • Reaching out to creditors and pay any outstanding bills from the decedent. In some cases, selling off assets before paying the creditors may be necessary if the Estate does not have enough cash on hand.
  • Distributing assets to each of the Beneficiaries or Heirs as stipulated by the Will or the laws of intestacy.
  • Pay the Estate’s final taxes.
  • Submit a final accounting to the court to close out the Estate.

While this sounds relatively straightforward, there are risks to acting as a Personal Representative. You may be one of two or more Personal Representatives for the estate. In this case, all the representatives need to come to an agreement on each step of the process before moving forward. The Estate’s Beneficiaries or Heirs may disagree with your approach to managing the estate. If the situation becomes extremely contentious, the Beneficiaries or Heirs could file a lawsuit to have you removed from your role. If you make an error in managing the Estate or breach your duty as a fiduciary, you may be liable for the error.

Due to the time-consuming nature, inherent risks, and detailed knowledge of the law necessary to perform the functions of this role, Personal Representatives often hire an attorney who specializes in the Probate process to guide and protect them. Huth, Pratt, and Milhauser specialize in helping Personal Representatives navigate this labyrinth of rules and responsibilities to simplify the process as much as possible, while providing legal protection. If you have been named as a Personal Representative and don’t know where to start, call us today for expert guidance.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

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Estate Plan Considerations When a Loved One Has an Addiction

When our children are born, we all have hopes and dreams for their future, Will they become a doctor? A teacher? A famous musician? Unfortunately, this is not always the case. Many people struggle with different forms of addictions. Having a child addicted to drugs is no parent’s desire, but sadly – it happens. We are experiencing an opioid epidemic leading to families having to make difficult decisions about how to provide for their child struggling with addiction in their estate planning. They don’t want to enable their loved one’s addiction, but they also don’t want to disinherit them either. Fortunately, there are options in between these two extremes.

A Last Will and Testament often provides a lump sum distribution to its beneficiaries, which is risky if the Beneficiary has an addiction. A better option is to establish a Trust with clear requirements that must be met to receive a distribution, i.e., incentivizing the Beneficiary to work toward overcoming the addiction. For example, the Beneficiary could use the Trust funds for addiction recovery, such as inpatient or outpatient care, therapy sessions, medication, or other related uses. The Trustee would pay the bills directly to avoid the Beneficiary diverting the funds for other purposes.

Once the Beneficiary has been clean for a specified amount of time, they could begin receiving small distributions if they pass a drug test and provide evidence that they regularly attend drug counseling.

As an additional safeguard, if the Beneficiary meets the requirements for a distribution, the Trust could require that the Beneficiary use the funds for specific purposes, such as paying rent/mortgage, healthcare bills, utility bills, or other essential needs. To ensure that the funds are used for their intended purpose, the Trust could pay the bills directly, rather than providing the Beneficiary with the funds to pay them.

The Trust would be administered by a Trustee with the authority to distribute or withhold funds based upon the Beneficiary meeting the requirements for a distribution. It is essential that the appointed Trustee is emotionally strong enough to avoid the Beneficiary manipulating them into a distribution, as can happen when addiction is involved. For this reason, it may be wise to name a professional Trustee, such as an attorney or a drug counselor, as a co-Trustee.

The Trust can also be established to provide for the addicted person’s children, keeping the assets in the family and providing for future generations, while avoiding enabling the person with the addiction.

Creating an estate plan that includes a person with an addiction is more complex than a typical estate plan. By working with an experienced Trusts and Estates law firm like Huth, Pratt, and Milhauser, you can feel confident that both your loved one, and your assets, will be protected. Call us today to learn how we can help you.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

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How to Choose the Right Trustees for Your Trust

Firstly, congratulations on creating an estate plan – it’s a task that many people delay or avoid. Moving your assets into a Revocable Trust is one of the most efficient and effective ways to maintain control of your assets during your lifetime, while privately and seamlessly transitioning them to your beneficiaries after you’re gone. When creating your Trust, you will need to name one or more Trustees to manage it.

You will typically be the initial Trustee on your Revocable Trust so that you maintain control of your assets. The question is – who should manage it upon your incapacity or after you pass away? Legally, anyone over the age of 18 can be a Trustee for a Trust in Florida. The first choice of many Grantors (the person who set up the Trust) is a spouse, adult child, or sibling. When selecting a family member, some considerations to keep in mind are:

  • Are they trustworthy? This person will have access to all of your assets with a limited amount of oversight. If you have any nagging doubts about someone’s trustworthiness, it’s best to skip that person and appoint someone else.  
  • Are they financially-knowledgeable? They don’t need to be a financial whiz, but it’s helpful if they can manage a budget and make smart financial choices.
  • Can they handle the responsibility? They may face pressure from other family members to act in ways contrary to the stipulations of the Trust. They also may face conflicts from family members who disagree with how the Trust is being managed and challenge it.
  • Do they have time to administer the Trust? Serving as a Trustee involves a significant time commitment, especially if the Trust has a high net worth, if there are many beneficiaries, or if there is conflict.

In addition to a family member serving as a Trustee, many Grantors also name a professional who is not related to the family, typically an attorney and/or an accountant, to serve as a Co-Trustee. Other options include banks or trust companies who have specialized internal departments that administer thousands of trusts. These Co-Trustees provide a high level of legal and/or financial expertise in Trust administration that a family member may lack. They also provide a neutral perspective since they will not be personally impacted by family politics and drama that can occur.

Before naming anyone as a Trustee, have a conversation with them to ensure that they are willing to take on the additional responsibilities that serving as a Trustee entails. Also consider naming back-up Trustees in case one of your first-choice Trustees is unable or unwilling to serve when the time comes.

If you are looking to set up a Revocable Trust, or for any estate planning needs, contact Huth, Pratt, and Milhauser for a free consultation to learn about your options for facilitating a smooth and efficient transfer process while minimizing taxes.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

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Estate Planning for Same-Sex Couples

In 2015, the Supreme Court legalized same-sex marriage throughout the nation, giving same-sex couples the same legal rights and privileges as heterosexual couples. Even with these rights, there are some situations involving children that are inherently more complicated with same-sex couples than heterosexual couples.

When it comes to estate planning, there are five key documents that you should discuss with a trusted estate planning attorney to protect you, your spouse, and your children in case of an unexpected tragedy.

Last Will and Testament

Your Will provides instructions on how to distribute your assets after your death. Without a Will, your assets will be distributed based on the Florida Intestacy laws, which may not be how you would like them to be distributed, especially if you have children from a prior relationship, have a child that you are not biologically related to, or have a life partner but not a legally married spouse. In particular, if your spouse / life partner is the biological parent of your child and you are not, you may want to speak with an attorney about adopting the child, so legally there is no doubt that the child is yours when it comes to estate plans.

If you currently have minor children, your Will should provide details on who you would like to appoint as your child’s guardian and backup guardian in the event of your untimely death. Before listing the guardian and back-up guardian in your legal paperwork, you should talk with them to make sure they are comfortable taking on this responsibility and that they would be willing and able to raise your children in a manner consistent with your wishes. 

Trust

Depending on the specifics of your financial situation, your attorney may also recommend establishing a Revokable Trust for your assets in addition to a Last Will and Testament. A Trust is a powerful tool that can enable your assets to avoid going through the Probate courts, minimize your estate’s tax burden, and speed the process of distributing your assets and closing your estate. Additionally, if your spouse is not biologically related to your child and is unable to adopt them, creating a Trust with certain provisions can help your spouse stay in contact with them.  

Healthcare Power of Attorney

A Healthcare Power of Attorney is someone you designate to make healthcare decisions for you if you become unable to make them for yourself. It’s important that the person you designate share your views on healthcare and is someone that you can literally trust with your life. Most people designate their spouse or life partner for this.

Financial Power of Attorney

Similar to the Healthcare Power of Attorney, the Financial Power of Attorney gives the person of your choosing the power to access your finances and make financial decisions on your behalf if you become incapacitated. They can access your bank accounts, investments, and pay your bills. Most couples select their spouse or life partner for this role as well.

Living Will

A Living Will lets your treating physicians know your wishes about life support in the event you become incapacitated and cannot communicate them yourself.  While you can entrust the person you designated as your Healthcare Power of Attorney to make these decisions for you, having a Living Will removes the emotional burden of this decision from that individual and can make an already-challenging situation easier for your family.

While some same-sex couples face more complex challenges with estate planning than heterosexual couples, by working with an estate planning attorney well-versed in these issues, you can rest assured that your final wishes will be legally protected in the event tragedy strikes. Huth, Pratt, and Milhauser is a Boca Raton-based law firm that specializes in estate planning. Contact us today to learn how can help you protect your loved ones.  

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

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Can I Benefit from a Generation Skipping Trust?

A Generation Skipping Trust (“GST Trust”) can be a strategic tool for high net-worth families to pass assets on to future generations while minimizing or, in some cases, eliminating transfer taxes. In a typical non-GST Trust, the Grantor establishes their children as the beneficiaries. This is not always ideal because when the assets pass from the children to their children (the Grantor’s grandchildren), it may be subject to an estate tax with rates currently at 40%. There is also the possibility that the Grantor’s children will make poor financial choices and there will be no assets remaining for the grandchildren.  A GST Trust can prevent these types of situations.

When a GST Trust is created, the Grantor not only names their children, but also their grandchildren as eligible beneficiaries of the GST trust (or anyone that is at least 37.5 years younger than the Grantor, i.e., a grandniece or nephew, or even someone not related to the Grantor so long as they meet the age requirements). Therefore, the Trustee can make distributions to the children and grandchildren.

If the Grantor allocates his or her GST exemption to the GST Trust, the assets placed in the GST Trust will not be includable in the Grantor’s children’s estate, but the children can continue to receive distributions from the GST Trust during the child’s lifetime.  As of the writing of this article, individuals have a $12.92 million GST exemption that can be utilized during lifetime, and to the extent not utilized during lifetime, then at death.

As with any estate planning instrument, it’s important to evaluate the pros and cons of a GST based on your individual situation.

At Huth, Pratt, and Milhauser, we specialize in creating Estate Plans that will minimize your tax liability and protect your assets for future generations. Each of our plans is customized based on the desires, family situation, and financial situation of each client. Call us today for a free consultation to discuss how we can help you protect your family.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

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I Have No Spouse or Children. Do I Really Need a Will?

Many people believe that they don’t need a Will if they don’t have a spouse or children. Even if you don’t have any dependents or heirs, you may still want the people or organizations of your choice to inherit your assets and possessions rather than the state deciding how to distribute them.

If you die without a Will and have no spouse or children (called “intestate” in legal terms), the State of Florida has laws as to how your assets will be distributed. Specifically:

  • If your parents are alive, they will inherit your estate.
  • If you don’t have living parents, your estate will be split evenly among your living siblings. Any full siblings receive a full share and half-siblings receive a half share. Step-siblings or foster siblings receive nothing.
  • If you have no living siblings, your nieces and nephews will split your estate.
  • If you have no nieces / nephews, your grandparents will inherit your estate.
  • If you have no living grandparents, your aunts and uncles are next in line.
  • If you have no aunts / uncles, your estate will go to your cousins.

Ultimately, if no living relatives can be found, the State of Florida will keep the assets (legally called escheat). Instead of leaving your estate to the State or a distant relative that you never really knew, consider the following alternatives:

  • Do you have a pet? If so, you can set up a trust fund to pay for their care and upkeep.
  • Do you have friends that you would want to inherit your estate?
  • Do you have specific family members, like a niece or cousin that you are close to?
  • Consider creating a charitable remainder trust or donor advised fund to leave assets for a charity that you care about or your alma mater. In some cases, leaving your assets to a charitable organization can be structured to provide tax deductions while you are still alive.

You can divide up your estate to include as many or as few people and organizations as you wish.

You have worked and saved for decades to amass the assets in your estate; you deserve to choose who receives them after your death. The attorneys at Huth, Pratt, and Milhauser are experts in estate planning. We can develop a plan that can be tax-advantageous for you while you are still alive and ensure that your final wishes are brought to fruition. In addition to writing a Will, we can work with you to develop a full Estate Plan, including a Durable Power of Attorney, Healthcare Proxy, Living Will, and Trusts. Call us today for a free consultation so we can develop a plan customized for your personal needs and desires.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

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How Do I End a Guardianship?

Guardianships are created to allow a trusted adult to take care of the health and financial needs of someone who is unable to do so for themselves and lacks other alternatives, such as a Trust or Healthcare Proxy. In Florida, a Guardianship can be established for either an adult with physical or mental disabilities or a child. While some Guardianships continue indefinitely, in other cases, it may be appropriate to terminate a Guardianship after a period of time. Florida law allows for several situations for terminating a Guardianship[1]:

  • The Ward (the person who is under Guardianship) regains their capacities. An example of this could be if an adult was severely injured and unable to make their own medical and financial decisions, but recovered and is now capable of doing so. In this situation, the Guardian will need to provide medical documentation to the court showing that the Ward has regained their mental and physical capabilities.

  •  The Guardian is unable to locate the Ward after a “diligent search.” In this situation, the Guardian must file a final report with the court and be formally discharged from duty by the court.

  • For a Guardianship of the Ward’s property, once the assets under the Guardian’s care have been exhausted, the Guardianship can end. Similar to the situation above, in this case, the Guardian must file a final accounting report with the court and be formally discharged from duty.

  • If the Ward dies, the Guardianship ends. In this case, the Guardian must file a certified copy of the death certificate with the court.

  • If the Ward moves out of state (permission must first be obtained from the court for this), the Guardian can file the paperwork with the court to transfer the Guardianship to the new state. The Guardian must also file the proper forms with the new state for a new Guardian to be named.

  • The Guardian can also choose to resign if they are no longer willing or able to manage the Guardianship. To do so, the Guardian must submit a final accounting report to the court, and file the necessary petitions to be officially discharged by the court.

In all situations involving ending a Guardianship, you must continue to fulfill the role of Guardian until you receive formal discharge papers from the court. If you are looking to end a Guardianship, contact an experienced Guardianship law firm, such as Huth, Pratt, and Milhauser. We will advise you on how to proceed with the termination of Guardianship; and ensure that all final reports, accountings, and petitions are filed correctly and expediently.  

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800


[1] Florida Statues. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed March 28, 2023.

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Is a Dynasty Trust Right for Me?

Establishing a Dynasty trust in Florida is one of the best ways for high-net-worth families to preserve wealth for future generations. A Dynasty trust allows a Grantor (the person who sets up the trust) to place assets in the Trust that can pass on to future generations while minimizing taxes and the risk of losing the funds.

How Does a Dynasty Trust Work?

A Grantor puts their assets into an irrevocable Trust. Assets can include almost anything of value, such as stocks, bonds, cash, or real estate. The Grantor names Beneficiaries who will receive distributions from the Trust, as well as Trustees, who will manage the Trust. In addition to naming the immediate Beneficiaries and Trustees, the Grantor provides instructions on who the Beneficiaries should be for future generations (generally direct descendants of the Grantor) and how new Trustees should be selected when the original ones resign from their position, pass away or become incapacitated. This ensures that the Trust funds stay in the family until they are exhausted.

There are several ways that the Trust could pay out to its beneficiaries. Some common methods include:

  • Distributing a percentage of the Trust assets to Beneficiaries each year
  • Funding major life milestones for Beneficiaries, such as weddings or home purchases
  • Funding education and/or healthcare for Beneficiaries

Why Set Up a Dynasty Trust?

A Dynasty Trust offers high net worth families several benefits:

  • In Florida, Dynasty Trusts can live for up to 1,000 years, providing future generations with wealth for centuries to come. Very few states offer such a generous timespan for Dynasty Trusts.
  • The assets in the Trust, including the appreciation on the Trust assets, are shielded from transfer taxes provided the Grantor allocates his or her Generation-Skipping Transfer Tax Exemption to the Trust.
  • A Dynasty Trust is typically established as a “Grantor Trust” for income tax purposes which makes the Grantor responsible for the income taxes on the Trust.  This is beneficial for wealth transfer purposes because the Grantor’s payment of the tax is not considered a gift to the trust, it depletes the Grantor’s estate by the amount of tax paid (which is good for estate tax purposes) and it allows the Trust to grow income tax free.
  • The assets stay in your family. In contrast, if your assets passed to your child outside of a Trust and your child divorced their spouse, the ex-spouse may gain access to the assets. With a Dynasty Trust, the assets that have not been distributed are protected.
  • The Trust protects the assets from irresponsible Beneficiaries and Heirs and ensures its longevity. For example, if you were to give your child a large inheritance outright, they could squander it all, leaving nothing for your grandchildren or great-grandchildren. In contrast, the Dynasty Trust provides distributions of specific amounts over time, protecting the remainder for future generations.
  • Since the Trust owns the assets rather than the Beneficiaries, the assets are protected from creditors for the duration of the Trust.

Once the assets are moved into the Trust, the Grantor loses control of them and the Trustee manages the Trust moving forward. For this reason, it’s essential to work with a highly experienced attorney who can advise you on which assets to move, how to move them, and how to select a Trustee. It is also possible to create a Dynasty Trust that begins upon your passing through your Will or Revocable Trust.

Huth, Pratt, and Milhauser has established Dynasty Trusts for many high-net-worth families in Florida. Call us today to learn if a Dynasty Trust is right for your family.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

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Do I Really Need an Attorney to Draft My Estate Planning Documents?

Would you hire an accountant to help manage a tax audit, or research it yourself and hope for the best? Do you need a contractor to remodel your kitchen, or would you watch a few YouTube videos on remodeling and grab a sledgehammer to start the demolition? In both of these scenarios, while you may be able to do it yourself, you are taking a major risk of making costly errors that have far-reaching ramifications. The same is true of estate planning. You can find DIY estate planning documents online for minimal or no cost, but you are taking a tremendous risk in doing so.

Benefits of Hiring an Estate Planning Attorney

Everyone’s life situation is unique. An estate planning attorney will carefully consider the details of your family life, financial situation, charitable interests, and wishes for how to distribute your hard-earned money when developing your estate planning documents. They will plan for contingencies and situations that you may not currently foresee. They also stay up-to-date on any changes in the law to ensure that your documents are legally correct. A “fill-in-the-blanks” legal template cannot accomplish this. This is especially true if you have a complicated family situation or complex estate. Some examples of these complexities include:

  • Having a second or third marriage;
  • Having minor children;
  • Having heirs with special needs;
  • Disinheriting a child;
  • Owning a business;
  • Having more than $1 million of assets;
  • Leaving money to charity; and
  • Having a family member that can be difficult, litigious, or that you expect to contest your estate plan

Moreover, an estate planning attorney will make recommendations for you to consider on the best ways to structure your estate so that your heirs and beneficiaries can avoid taxes and Probate (the legal process of distributing assets after a person’s death). This can save them thousands of dollars, and provide them with access to your assets much more quickly. DIY documents cannot do this.

In addition, an estate planning attorney will ensure that all your documents are properly executed. For example, a Will must be properly signed, witnessed, and notarized. This may seem trivial, but if this is not completed correctly, the court will render the Will invalid and your estate will be treated as if you died intestate (without a Will). DIY documents don’t have a mechanism to ensure that all these legal technicalities are properly fulfilled.

You’ve spent a lifetime building up your estate. You owe it to yourself to invest in properly written and executed estate planning documents in case you become incapacitated and for distribution of your assets after your death. Huth, Pratt and Milhauser specializes in developing customized estate planning documents to facilitate a smoother experience for you and your family. Call us today to learn how we can help you plan for the future.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

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Florida Trust Options

Trusts are an important part of a comprehensive estate plan that offer a variety of benefits ranging from probate avoidance to ensuring a child with special needs is financially supported. Creating an estate plan that strategically uses the power of one or more Trusts can help preserve and protect your family’s financial security long after the Grantor (the person who establishes the Trust) passes. A Trust should always be established by an attorney who specializes in estate planning. These are complex financial and legal instruments; trying to create one from a “fill in the blanks” template on the Internet could have costly errors and ramifications for your beneficiaries. While there are many types of Trusts, following are three of the most common Trusts in Florida:

Revocable Trusts

Revocable Trusts allow the Grantor to protect their assets from going through probate, saving their beneficiaries and heirs from this stressful and costly court process. The Grantor is typically the Trustee and Beneficiary of the Trust, allowing them to maintain control of all financial decisions unless they become incapacitated. Since the Trust is revocable, the Grantor can make changes to the Trust if necessary. Once the Grantor passes away, the Trust becomes irrevocable and the assets can pass to the beneficiaries and heirs outside of the probate process.

Life Insurance Trusts

A life insurance Trust is a type of irrevocable Trust designed to own a life insurance policy. It’s not necessary to have a life insurance Trust if you own a life insurance policy, but it can be helpful. If an individual owns a life insurance policy, it may be subject to estate taxes. However, if a life insurance Trust owns the policy instead, it can avoid these taxes, providing the Beneficiary with the full value of the policy to help provide financial stability and pay expenses.

Special Needs Trust

If you are caring for a loved one with special needs, a Special Needs Trust can financially provide for that family member in the event you no longer can. If the individual with special needs receives government benefits and were to receive an inheritance, they would likely lose their benefits because they would have too much money to qualify. However, by placing the funds in a Special Needs Trust instead of an outright inheritance, the individual can still qualify for government assistance, such as Medicaid, and have the benefit of a financial cushion to pay for services that government benefits won’t cover.

At Huth, Pratt and Milhauser, we specialize in creating Trusts and estate plans that are customized to fit our clients’ needs. We are highly skilled at developing sophisticated solutions to minimize tax liabilities and maximize the assets that can pass on to your loved ones. Contact us today to learn how we can create or update your estate plan.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

www.floridatrustlaw.com

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How the Florida Probate Process Works

Probate is the legal process in which the Court ensures that a person’s final debts are paid and their assets are distributed to their beneficiaries and heirs.

The first step is to contact an experienced estate law attorney and provide the attorney with a copy of the Decedent’s Will – if one exists. If a Will does not exist, the Decedent’s estate would be administered through the laws of intestacy. The attorney will then file a Petition for Administration to open a probate in the county where the Decedent lived. The Court will review the Petition and confirm that the Will was properly executed and is valid.

Once the Court accepts the Petition for probate, the person named in the Will as the personal representative for the estate (or person Petitioning through the laws of intestacy) will take an inventory of all the Decedent’s assets and submit that to the attorney. The inventory should include all bank accounts, brokerage accounts, retirement accounts, any other investment accounts, homes, cars, jewelry, and life insurance policies. The attorney will review all the documents for these assets and determine if they need to be administered through probate or can pass directly to the heirs and beneficiaries. Assets that designated a beneficiary, are held as joint tenants with right of survivorship, are pay on death, or are held in a living trust can avoid the probate process.

The personal representative also works with the attorney to publish a notice to creditors notifying them about the estate administration. After the notice to creditors is published, creditors have three months to file any claims against the estate. If the creditors fail to make a claim, they will generally be forever barred from collecting on the debt. The personal representative also must pay any outstanding tax bills on the estate. The attorney will advise on the process for paying the outstanding debts and taxes.

Once all of the creditors and taxes are paid, the attorney will Petition the court to distribute the remaining assets as detailed by the Will, or if the decedent passed without a Will, based on Florida’s intestate laws. After the remaining assets are distributed, the attorney will close the estate.

The probate process has strict deadlines that must be met, petitions to be filed, taxes to be determined and filed, and assets to be lawfully distributed. In addition, in some cases, there could be disagreements between beneficiaries, heirs, and/or the personal representative. The process can take up to two years to complete. It is essential to have expert legal counsel to guide you through this process. Any missteps along the way could subject you to fines, penalties, unnecessary tax bills, or litigation. Contact an estate planning attorney for the expert guidance you need.

The estate planning attorneys at Huth, Pratt, and Milhauser have guided hundreds of clients through the probate process when a loved one has passed away. Moreover, our attorneys can develop an estate plan for you that will allow your assets to bypass the probate process and go straight to your beneficiaries and heirs. Contact us today to learn how we can help you.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

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Avoiding Inheritance Disputes

The goal of an estate plan is to ensure that the assets you have built up over a lifetime are distributed in accordance with your wishes. However, if you have beneficiaries or relatives who object to your estate plan, they can contest it. This can derail your wishes, cost your estate hundreds of thousands of dollars in legal fees, and delay the disbursement of your estate to your intended beneficiaries.  The following are six tips that can minimize the risk of Will and Trust contests and inheritance disputes:

  1. Treat all of your children equally when dividing your assets. If you have strong reasons for not dividing your estate equally, make sure that your attorney is aware of them so they can develop the best plan and structure for your estate to minimize the opportunity for the disinherited child (or children) to contest the estate plan.

  • Select the Personal Representative and Trustee with care. Are they financially responsible? Are they dependable? Do they have the intellect to do the job? Are they emotionally mature enough to handle this?  It’s also important to list an alternate in your estate planning documents in case your original Personal Representative and Trustee is unable, unwilling to perform the task, or removed in a legal proceeding.

  • Discuss any unexpected contents of your estate plan with your beneficiaries while you are alive. For example, if you plan to bequeath a large donation to a charity, or leave money to a friend or distant relative, let your spouse and heirs know this so they can process the information, ask questions, and understand your motivation so they do not contest this after you are gone.

  • Specifically list the recipients that you intend to leave items of monetary or sentimental value. For example, your engagement or wedding rings, specific pieces of artwork, cars, serving pieces, etc. This can help prevent multiple heirs from fighting over them.

  • Ensure all the legal technicalities necessary for a valid Will and Trust are completed. For example, this includes signing the Will in front of two witnesses and a separate notary and then having the witnesses sign in each other’s presence that they witnessed you sign it.

  • Hire an estate planning attorney to draft your estate planning documents. Many free or low-cost “fill in the blank” style Wills are available online, however, these Wills are much easier to contest than one drafted by a professional and specifically designed to meet the needs of your personal situation.

You have spent your lifetime working hard to build your estate. You deserve to have it distributed according to your wishes. Contact the law office of Huth, Pratt, and Milhauser, South Florida’s experts in trusts, estates and guardianships for a free consultation on developing your estate plan.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

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When Should You Re-Evaluate Your Estate Plan?

Many couples create their estate planning documents shortly after their first child is born and leave them untouched for decades, until they are needed. However, during that time, life continues to change and the documents may not reflect your current wishes when they are needed later in life. For this reason, we recommend that our clients review their estate plans every 2-5 years and whenever a major life event occurs. Some of these life events that should precipitate an estate planning review include:

New marriage

This could be your own marriage or that of a child. If you are remarrying and you want your spouse to be one of the beneficiaries of your estate, update your estate plan to specifically name them and the assets that should transfer to them. While Florida intestate laws guarantee that the spouse inherits a portion of the estate, they must be named in the estate planning documents to receive more than the legally mandated share as well as to ensure the distribution process goes smoothly. Moreover, you may want to update your advance directives for healthcare and finances to enable your spouse to make decisions on your behalf if you become incapacitated.

If your child marries and you have doubts that the marriage will last for the long term, you can stipulate in your estate plan that your child inherits through a trust in order to protect against a failed marriage, or you can even go to the extent of requiring that a child must have a pre- or post-nuptial agreement with their spouse before they can receive a distribution from your estate.

Divorce

It’s prudent to update your estate plan and advance directives as soon as you begin to contemplate a divorce. If you were to pass away or become incapacitated before the divorce proceedings are complete, your spouse would be the one to make all medical and financial decisions on your behalf, no matter the current state of your relationship. Moreover, they would be entitled to the distribution of assets detailed in the original estate plan, even if it no longer matches your wishes.

Change in Health Status

If a doctor diagnoses you with a terminal illness, it’s important to review all of your advance directives to ensure that they reflect your current desires for who should make medical and financial decisions on your behalf. Additionally, if you anticipate needing to move to a nursing home, we recommend meeting with an estate planning attorney to learn about your options for protecting your assets for your children while funding your nursing care.

Start a Business

Divvying up a family business can be difficult and complex after the original owner(s) pass away. To simplify the process for your heirs, as well as ensure that they follow your vision for the company, work with your estate planning attorney to lay out clear succession plans and divide up ownership shares among your heirs.

Taking the time and effort to develop and update a thorough estate plan now will pay dividends later when you and your heirs need it. Contact the expert estate planning attorneys at Huth, Pratt, and Milhauser to start the process of updating your estate planning documents today.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

Read More…

How Do I Remove a Trustee from a Florida Trust?

When a trust beneficiary and trustee don’t see eye to eye, a beneficiary may want the trustee to be removed.  Whether this is possible depends on the specifics of the situation. If you dislike the trustee, have a personality conflict with them, or are unpleased with minor aspects of how the trust is being managed, these are not legally valid reasons for removal.  According to the Florida Trust Code, at least one of the following conditions must be present to remove a trustee:

  • “The trustee has committed a serious breach of trust;
  • The lack of cooperation among co-trustees substantially impairs the administration of the trust;
  • Due to the unfitness, unwillingness, or persistent failure of the trustee to administer the trust effectively, the court determines that removal of the trustee best serves the interests of the beneficiaries; or
  • There has been a substantial change of circumstances or removal is requested by all of the qualified beneficiaries, the court finds that removal of the trustee best serves the interests of all of the beneficiaries and is not inconsistent with a material purpose of the trust, and a suitable co-trustee or successor trustee is available.”[1]

Some examples of these conditions include:

  • The trustee not complying with the terms of the trust
  • The trustee engaging in self-dealing
  • The trustee mismanaging the trust funds
  • The trustee failing to provide accountings or other required disclosures to the beneficiaries

If you believe you have a valid reason for removing your trustee, the first step is to meet with an experienced trust litigation attorney. If after reviewing the evidence for your claim, your attorney believes you have a valid case, they will file a lawsuit on your behalf. If the judge rules in your favor and removes the trustee, the successor trustee named in the trust documents will take their place.

It’s important to keep in mind that trustee removal lawsuits tend to be long and expensive. It is not uncommon for trustee removal lawsuits to take years to resolve due to their complexity. While you will need to pay for your attorney’s fees, the trustee will usually be able to use funds from the trust to cover their defense. However, there are tools available to limit the trustee’s ability to access trust funds to pay for their attorney’s fees in certain circumstances.

Huth, Pratt, and Milhauser specializes in trust litigation. Our attorneys are experts at developing solid cases in support of trustee removal and then successfully convincing the judge in court to rule in our favor. If you feel that your trustee is improperly managing your trust, contact us today for a free consultation.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

hpmlawyers.com


[1] The Florida Legislature. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed September 6, 2022.

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Guardianship 101

A guardian is someone appointed by the court to make decisions for an incapacitated adult or a minor whose natural parents cannot make decisions for them. Some of the reasons someone may pursue a guardianship for a loved one include:

  • Dementia
  • Traumatic brain injury
  • Severe mental illness
  • A minor who has become orphaned
  • A minor whose parents have been injured, are ill, or for another reason are no longer able to care for them
  • A minor with developmental disabilities

Florida recognizes several different types of guardianships. Some of the more common types are:

  • Limited Guardian – If someone is partially incapacitated, a limited guardian will take care of some of the individual’s decisions.
  • Plenary Guardian – If someone is fully incapacitated, a plenary guardian takes care of all of the individual’s decisions.
  • Guardian of the Person – This is similar to a healthcare surrogate. A Guardian of the Person will make healthcare decisions for the incapacitated person.
  • Guardian of the Property – This is similar to a power of attorney. This guardian will make financial decisions for an incapacitated individual.
  • Pre-Need Guardian – This is a guardian that an individual names in their legal documents to take care of them or their minor children should they become incapacitated in the future. This person is effectively on standby in case the need arises but has no immediate guardianship responsibilities.
  • Guardian Advocate – This type of Guardianship can be used to allow the parents of a minor child with developmental disabilities to continue to assist with their decision making once the minor turns 18.

To request a guardianship, you or your attorney must file two petitions with the Florida courts. The first petition is to prove that the individual who would be subject to the guardianship is incapacitated. The second petition is to request the appointment of the specific guardian.  To be named as a guardian, you must meet the following qualifications:

  • Over 18 years-old
  • A resident of Florida or a non-resident of Florida who is a relative or spouse of the ward
  • Never been convicted of a felony or child abuse

Once the court approves the guardianship, the guardian must take an oath to faithfully perform their duties as well as post a bond to the state.

If you believe that your loved one may be in need of a guardian to help them manage their health or financial affairs, contact Huth, Pratt and Milhauser. We specialize in all aspects of guardianship formation and management – from establishing guardianships to representing guardians and monitoring / reporting their activities to the courts, as required by Florida law. Similarly, if you have a loved one who is a ward under a Guardianship and are concerned that their affairs are being improperly managed by an existing Guardian, we can help by petitioning the court to have the Guardianship changed or terminated if Guardianship was improper to begin with. Call us today for a no-obligation free consultation.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

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Florida Community Property Trust Act

This July marks the one-year anniversary of the passage of the Florida Community Property Trust Act, a new law that can be beneficial for many married couples. 

Under this law, married couples can create and move their assets into a community property trust. By doing this, when one spouse dies, 100% of the assets in the trust receive a step-up in tax basis equal to the date of death value of the assets as of the date of death of the first spouse to pass away. This allows the surviving spouse to save significantly on capital gains taxes when he/she sells off the appreciated assets in the trust. For example, let’s assume a trust holds assets that were purchased for $100,000 but have grown in value and at the date of the first spouse’s death are worth $250,000. The new basis for the assets is now $250,000. If the remaining spouse sells the assets at a later date for $300,000, he/she will only owe capital gains taxes on $50,000 ($300,000 sale price – $250,000 basis). 

Before this law came into effect, married couples in Florida who owned assets jointly or through tenancy by the entirety would only receive a basis step-up on 50% of the joint assets. 

In order to take advantage of this tremendous tax planning opportunity, the trust must meet statutory requirements.

For many couples, setting up a community property trust could offer significant tax benefits. Contact Huth, Pratt and Milhauser today to discuss the specifics of your situation and learn if a community property trust could be advantageous for you and to discuss any potential drawbacks.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price. 

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

hpmlawyers.com

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Who Does a Probate Litigation Attorney Represent?

A probate litigation attorney is a lawyer who represents people that feel they have been wronged by how a will, trust, estate, guardianship, or power of attorney of a loved one is being administered. The attorney can also represent those accused of maladministering these estate-related processes. Following are three common examples of who a probate litigation attorney might represent:

Someone who contests a will

An interested party may believe that the will or trust of a loved one is invalid. Possible reasons for this may be that:

  • The will or trust was written under duress, under the undue influence of someone else, or under the threat of coercion.
  • The decedent (person who died) was mentally incompetent when they wrote the will or trust.
  • The will or trust is legally invalid. For example, it was not signed with the proper formalities or crucial information was omitted.

A will or trust contest can be initiated by anyone, but most often is initiated by the children or spouse of the decedent who were expecting a bigger share of the estate than the will or trust provided for them. This is especially common in second marriages and blended families. Will or trust contests also often occur if the decedent unexpectedly bequeathed a large portion of their estate to a non-family member or organization.

Someone who disagrees with how a personal representative is managing an estate

A personal representative is the person named in the will to manage the process of dissolving the decedent’s affairs and distributing their assets in accordance with the law.  Some of the responsibilities of a personal representative include:

  • Informing all interested parties that an estate is being filed in the probate court
  • Securing appraisals and selling or distributing any real estate, jewelry, or other assets
  • Paying creditors and taxes
  • Submitting required pleadings and documentation to the probate court

If someone feels that the personal representative is acting dishonestly or shirking their responsibility, they can contact a probate litigation attorney to file a lawsuit to replace the personal representative. On the flip side, if a personal representative is facing such a lawsuit, they, too, need representation from a probate litigation attorney.

Someone who disagrees with how a trustee is managing a trust

A trustee is required to manage a trust in the best interest of its beneficiaries. They also must keep the beneficiaries of the trust reasonably informed of the administration and provide an annual accounting of the trust’s assets to them. If a trustee is self-dealing (conducting transactions that benefit the trustee rather than the beneficiaries) or is not fulfilling all of their responsibilities, a beneficiary can contact a probate litigation attorney to ask the court to remove the trustee and seek other restitution. Similarly, if a trustee is facing a lawsuit, they need to contact a probate litigation attorney as well.

These are just three of the many types of situations where you would need a probate litigation attorney. If you are involved in any contentious situation regarding a will, estate, trust, guardianship, or power of attorney, contact Huth, Pratt and Milhauser. Often times the courts have strict deadlines that must be met in these situations, so don’t delay.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

hpmlawyers.com

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The Difference Between a Probate Lawyer and a Probate Litigation Attorney

The death of a loved one is a life-changing event. On top of the emotional stress, there are legal issues to address. Both probate lawyers and probate litigation attorneys help the family of a decedent (person who died) manage the legal aspects of the death.

What Is Probate?

Probate is the legal process for transferring assets from the decedent to family, friends, and/or other people or organizations. It is run through the Florida probate court system. The process is quite complex, especially if someone contests the will. Probate lawyers and probate litigation attorneys are experts in different aspects of the probate process.

What is a Probate Lawyer?

When someone dies, the assets they owned are called an estate. A probate lawyer helps administer estates. The specific tasks they perform vary based on the needs of the estate and its heirs. If a decedent has a will, then the probate lawyer files the will with the probate court, prepares and files probate court documents, and advises the personal representative of the will on the legal process for administering the estate. Another role that the lawyer may fill or provide guidance on is locating and gathering all of the decedent’s assets. This includes closing bank accounts and security boxes, securing appraisals on jewelry and real estate, and selling or distributing any other personal items, such as clothing, cars, furniture, etc. The probate lawyer also gathers all the debts of the decedent and arranges for their payment.

If a person dies without a will, this situation is called intestate. Florida has intestate laws that the probate lawyer and courts are required to follow about how to divide up the decedent’s assets. In these cases, the lawyer will ensure that all the intestate laws are followed and the estate is lawfully disbursed.

What is a Probate Litigation Attorney?

A probate litigation attorney represents people who disagree with how a will, estate, guardianship, power of attorney, or trust is being managed. For example, a person may contact a probate litigation attorney if they believe they were unfairly disinherited, if they believe the will executor is shirking their fiduciary duty, or if they think that the will was not properly written, or written under duress or undue influence. The probate litigation attorney will advise the client of their rights, file the necessary paperwork with the court, and then, if necessary, argue the case in court as to why their client should prevail.  

The law office of Huth, Pratt, and Milhauser specializes in estate and probate law. We have top-rated probate and probate litigation attorneys who have represented hundreds of satisfied clients. Whether you are looking for guidance with managing the probate process, or you need representation to contest a will or dispute any other aspect of an estate, contact us today for a free consultation.

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

floridatrustlaw.com

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Coronavirus Outbreak

We hope that you are staying healthy during these
unprecedented times.  The law firm of Huth, Pratt & Milhauser, PLLC is
continuing to monitor the latest with COVID-19.  To protect the
health and safety of our staff, clients, friends, families and colleagues, our
physical office is temporarily not open to the public. However, we have
implemented specific policies and procedures to allow our firm to continue its
normal operations and provide you with high quality client service. 

  • Our
    staff is available by phone and email.  Our main number, (561) 392-1800,
    will continue to operate as usual.
  • Our
    attorneys are available for meetings by phone, email and video-conference.
  • All
    in-office meetings are cancelled, however, they can be rescheduled to a
    phone call or a video conference.
  • We
    will be retrieving our mail and packages throughout the work-week
  • Please
    note previously scheduled hearings are being rescheduled or cancelled
    throughout the state and therefore it could impact the handling of your
    case.  We will be monitoring these rescheduled or cancelled hearings and
    we will keep you updated with any changes.  

Delivering high-end legal services remains our top priority
but we must do so in a manner that is safe for our staff and our clients
alike.  We greatly appreciate your understanding and we encourage you to
reach out to us if you have any questions.  Please be safe and stay
healthy.

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Eighth Annual Probate Code Trivia Night

Huth, Pratt & Milhauser claimed bragging rights at the Eighth Annual Probate Code Trivia Night hosted by the South Palm County Beach County Bar Association Probate Committee at  Bocaire Country Club on May 2, 2019.

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Brad H. Milhauser graduates from the Florida Fellows Institute of the American College of Trust and Estate Counsel

FOR IMMEDIATE RELEASE

Boca Raton, Fla. (April 15, 2019) – Brad H. Milhauser, who practices with the law firm of Huth, Pratt & Milhauser, PLLC, in Boca Raton, Florida, has graduated from Class IV of the Florida Fellows Institute of the American College of Trust and Estate Counsel.

Brad has successfully completed three two-day sessions over seven months; the in-depth educational presentations on trust and estate law were taught by ACTEC Fellows.

The Florida Fellows Institute was created by Florida ACTEC Fellows to develop the profession’s future leaders. For more information, visit www.FloridaFellowsInstitute.org.

The American College of Trust and Estate Counsel is a national organization of lawyers elected to membership by demonstrating the highest level of integrity, commitment to the profession, competence and experience as trust and estate counselors. More information is available at www.ACTEC.org.

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Disputes Over Possession of A Decedent’ Body at Death

By Brandan J. Pratt, Esq., CFP® and Jennifer L. Fox, Esq.

What happens to the remains of a loved one upon death is an extremely sensitive situation. Family members often have conflicting ideas and desires as to how the decedent’s funeral will take place. Such disputes involve the location of the funeral and whether the funeral will be a religious ceremony and if so, which religion. In addition, family members may disagree over whether the decedent will be cremated or buried. If the
decedent is cremated, family members may dispute over who should have possession of the cremains, or how the cremains will be buried or scattered. If the decedent is buried, loved ones may debate over where
the decedent should be buried. This article provides instruction regarding issues related to the disposition of a decedent’s remains.

CLICK HERE FOR FULL ARTICLE

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Have a Trust, Estate or Guardianship Question?
Request your Free Consultation.

2500 North Military Trail, Suite 460
Boca Raton, Florida 33431
Phone: 561-392-1800

   

2500 North Military Trail, Ste. 460 Boca Raton, Florida   33431 Phone: 561-392-1800 Directions

© 2025 Huth, Pratt & Milhauser All Rights Reserved. This website is designed for general information only. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters, and e-mails. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time as an attorney-client relationship has been established.
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