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
Read More…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:
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
Read More…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…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:
Some examples of these conditions include:
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.
Read More…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:
Florida recognizes several different types of guardianships. Some of the more common types are:
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:
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.
Read More…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
Read More…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:
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:
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
Read More…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 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…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.
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.
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.
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.
Read More…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.
Jennifer Fox as the president-elect of the Young Lawyers Section of the South Palm Beach County Bar Association hosted an induction ceremony to welcome new attorneys to take the Florida Bar’s Oath of Admission on September 28, 2018. Practicing attorneys were welcomed to re-affirm their oath along with newly admitted attorneys at the South County Courthouse in Delray Beach. New attorneys were provided the opportunity to take their oath in front of their local south county judges and at the courthouse they would soon practice in. Additionally, new attorneys had an opportunity to network with practicing attorneys in their community. The induction ceremony provided a valuable experience for new attorneys to start their careers!
Read More…By Brandan J. Pratt, Esq., CFP®
Retirees flock to South Florida based on the allure of the South Florida lifestyle, which often includes memberships to various types of clubs including country clubs, golf clubs, beach clubs, tennis clubs and yacht clubs. Many club memberships are equity memberships that cost in excess of one-hundred thousand dollars to join. Members are partial owners of the clubs that have equity memberships, and often
times, the equity membership can be transferred upon the death of a member.
Estate planning lawyers may be under the impression that a club membership can be devised simply by drafting provisions in a will. However, the relationship between a club and a member is contractual. Susi v. St. A ndrews Country Club, Inc., 727 So. 2d 1058 (Fla. 4th DCA 1999). Further, a decedent’s property can be transferred upon death outside of probate proceedings by way of contract. Blechman v. Estate of Blechman, 160 So. 3d 152 (Fla. 4th DCA 2015). “The common thread of such non-probate mechanisms is that the assets to which they apply are distributed to the designated beneficiaries immediately upon the transferor’s death without the need for judicial intervention.” Blechman v. Estate of Blechman, 160 So. 3d at 157. Therefore, because the relationship between a club and a member is contractual in nature, the club membership agreement typically controls the method by which the membership is transferred upon the death of a member even if there are provisions in a decedent’s will that contrast with the terms of the club membership agreement.
Read More…Brad H. Milhauser, a managing partner at the law firm of Huth, Pratt & Milhauser in Boca Raton, Florida has been accepted into the Florida Fellows Institute of the American College of Trust and Estate Counsel (ACTEC).
Mr. Milhauser earned his LL.M. in Estate Planning from the University of Miami School of Law. Prior to obtaining his LL.M. degree, he attended St. Thomas University School of Law where he was a member of Law Review and served as a judicial intern for the honorable David M. Gersten, Chief Judge of the Third District Court of Appeal, Miami, Florida.
The Florida Fellows Institute was created by Florida ACTEC Fellows to develop the profession’s future leaders in trust and estate law through a series of in-depth educational presentations led by outstanding subject matter experts in each field from across the U.S.
The institute includes six sessions for lawyers who were nominated by a Florida ACTEC Fellow and selected through a competitive application process. The program begins in October 2018 and concludes in April 2019.
For more information, visit 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.
About Huth, Pratt & 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, estate planning, probate, guardianship, litigation, 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 the attorneys and staff, coupled with their knowledge of applicable law, enable the firm to provide outstanding representation to their clients.
Huth, Pratt & Milhauser attorney, Jennifer Fox, accepts Impact Award from Pine Grove Elementary School
Jennifer Fox is an attorney at Huth, Pratt & Milhauser and serves as the Treasurer of the Young Lawyers Section of the South Palm Beach County Bar Association (“YLS”). Throughout the 2017-2018 school year, the YLS made an impact at Pine Grove Elementary School by hosting a school supply drive, a thanksgiving food drive, and a holiday toy drive. In addition, Ms. Fox was chair of the annual Law Day event that was held at the school. On March 22, 2018, Ms. Fox accepted a Certificate of Appreciation from Pine Grove Elementary School on behalf of the YLS. Congratulations Ms. Fox on making an impact in the lives of children in need.
In estate proceedings, it is all too common for family members to get into arguments over who should receive certain items of personal property upon the death of a loved one. The disputes range from who should receive the diamond ring, artwork, fine china or other family heirlooms. The disputes often involve claims that a deceased relative made a verbal promise that the family member could have the item upon death or agreements that beneficiaries claimed existed with each other and/or the Decedent. The Fourth District Court of Appeal recently gave practitioner’s some instruction on how to address these issues in, Eisenpresser v. Koenig, 43 Fla. L. Weekly D376 (Fla. 4th DCA February 14, 2018). In Eisenpresser v. Koenig, the Decedent was survived by two daughters, Eisenpresser and Koenig.
Read More…
When may a litigant amend a petition in a contested probate proceeding? The Fourth District Court of Appeal addressed this issue in Winslow v. Deck, 225 So. 3d 276 (Fla. 4th DCA 2017). In Winslow, the issue presented to the appellate court was whether the trial court erred in dismissing appellant’s counter-petition for administration on the grounds that appellant failed to properly request relief to revoke a prior will admitted to probate within three months of receiving a notice of administration. Fla. Stat., §733.212(3), provides in pertinent part that “any interested person on whom a copy of the notice of administration is served must object to the validity of the will…by filing a petition or other pleading requesting relief… on or before the date that is 3 months after the date of service… or those objections are forever barred.” Fla. Stat., §7733.208, provides that “on the discovery of a later will or codicil, any interested person may petition to revoke the probate of a prior will or probate a later will.”
Read More…By: Brandan J. Pratt, Esq., CFP® and Jennifer L. Fox, Esq.
In Winslow v. Deck, 225 So. 3d 276 (4th DCA 2017), the issue presented to the appellate court was whether the trial court erred in dismissing appellant’s counter-petition for administration on the grounds that appellant failed to properly request relief to revoke a prior will admitted to probate within three months of receiving a notice of administration of the Decedent’s estate. Section 733.212(3), Florida Statute, provides in pertinent part that “any interested person on whom a copy of the notice of administration is served must object to the validity of the will…by filing a petition or other pleading requesting relief… on or before the date that is 3 months after the date of service… or those objections are forever barred.” Section 733.208, Florida Statute, provides that “on the discovery of a later will or codicil, any interested person may petition to revoke the probate of a prior will or probate a later will.”
Read More…Motions to determine entitlement and amount of attorney’s fees almost always follow the completion of a trial in trust and estate disputes. There are many articles written about entitlement to attorney’s fees. However, determining entitlement to attorney’s fees is only half the battle. Under Section 733.6175 of the Florida Probate Code, the personal representative has the burden to prove that the attorney’s fees are related to probate and are reasonable. Specifically, Section 733.6175(3) provides that the personal representative has the burden of proof regarding the propriety of the employment of any person that the personal representative employs and the reasonableness of their compensation. In the trust context, Section 736.0206(3) puts the burden of proof of the propriety of the employment and the reasonableness of the compensation on the trustee.
By Brandan J. Pratt, Esq., CFP
Florida is home to a large population of retirees, and people are living longer and longer. Many people live well into their late 80’s and 90’s. There is a correlation between age and dementia. Therefore, there is a good chance that someone who wants to sign estate planning documents in their late 80’s or 90’s has some degree of dementia. It can be confusing as to whether someone who has dementia, has the requisite mental capacity to sign estate planning documents. This is known as “testamentary capacity”. In Raimi v. Furlong, 702 So. 2d 1273, 1286 (Fla. Dist. Ct. App. 3d Dist. 1997), the Third District Court of Appeal established the standards for a determination of “testamentary capacity” and explained the idea of having a “lucid interval.”
Read More…An estate plan may be your last communication with your loved ones. It contains your final wishes regarding your body and possessions and directions regarding your health care. There are four legal documents you must have (and another you should have) to instruct your loved ones. First, you need a Last Will and Testament. A Last Will and Testament names the beneficiaries who will inherit the assets from your estate and names a Personal Representative (known as an “Executor” in other states) who will be in charge of administering your estate. Second, you need a Living Will. This may be the most important document you ever sign. A Living Will makes your intentions known regarding the providing, withholding, or withdrawal of life-prolonging procedures in the event you have a terminal condition, end-stage condition, or you are in a persistent vegetative state. Third, you need a Durable Power of Attorney. Your agent acting under a Durable Power of Attorney will have access and decision making authority over your finances. It is “Durable” because it continues to function even if you become incapacitated. Lastly, you need to appoint a Heath Care Surrogate. A Health Care Surrogate is an individual appointed under a written document designating an individual to make health care decisions and/or receive health information on your behalf.
The aforementioned legal documents are necessities, but it is also recommended that you form a Revocable Trust, mainly to make the administration and distribution of your assets as simple and cost effective as possible. By using a Revocable Trust to own and distribute assets at death, in lieu of a Last Will and Testament, the onerous court process called “Probate” can be avoided. Probate is a court proceeding to administer assets in a decedent’s name at death. Probate can be costly and time consuming, and in we help our estate planning clients avoid it.
The planning outlined herein is designed to keep you and your assets and estate outside of a court. By doing the proper planning today, you can make life easier on your loved ones in the future.
Read More…By: Brandan J. Pratt, Esq., CFP
Florida is home to a large population of retirees, and people are living longer and longer. Many people live well into their late 80’s and 90’s. There is a correlation between age and dementia. Therefore, there is a good chance that someone who wants to sign estate planning documents in their late 80’s or 90’s has some degree of dementia. It can be confusing as to whether someone who has dementia, has the requisite mental capacity to sign estate planning documents. This is known as “testamentary capacity”. In Raimi v. Furlong, 702 So. 2d 1273, 1286 (Fla. Dist. Ct. App. 3d Dist. 1997), the Third District Court of Appeal established the standards for a determination of “testamentary capacity” and explained the idea of having a “lucid interval.” It stated the following:
The right to dispose of one’s property by will is highly valuable and it is the policy of the law to hold a last will and testament good wherever possible. To execute a valid will, the testator need only have testamentary capacity (that is, be of “sound mind”) which has been described as having the ability to mentally understand in a general way (1) the nature and extent of the property to be disposed of, (2) the testator’s relation to those who would naturally claim a substantial benefit from his will, and (3) a general understanding of the practical effect of the will as executed. A testator may still have testamentary capacity to execute a valid will even though he may frequently be intoxicated, use narcotics, have an enfeebled mind, failing memory, or vacillating judgment. Moreover, an insane individual or one who exhibits “queer conduct” may execute a valid will as long as it is done during a lucid interval. Indeed, it is only critical that the testator possess testamentary capacity at the time of the execution of the will.
In Miami Rescue Mission, Inc. v. Roberts, 943 So. 2d 274 (Fla. Dist. Ct. App. 3d Dist. 2006), the Third District Court of Appeals expanded on holding in Raimi v. Furlong, by explaining the concept of an “insane delusion.” The Third District Court of Appeals stated that:
Where there is an insane delusion in regard to one who is the object of a testator’s bounty, which causes him to make a will he would not have made but for that delusion, the will cannot be sustained. An insane delusion has been defined as a spontaneous conception and acceptance as a fact of that which has no real existence except in imagination. The conception must be persistently adhered to against all evidence and reason.
In conclusion, testators have testamentary capacity if they have the ability to mentally understand in a general way (1) the nature and extent of the property to be disposed of, (2) the testator’s relation to those who would naturally claim a substantial benefit from his will, and (3) a general understanding of the practical effect of the will as executed. Testators can be suffering from some type of mental disability as long as the documents are executed during a lucid interval and they are not suffering from an insane delusion.
Read More…Attorney to Watch Brandan J. Pratt
A trained civil engineer, Brandan J. Pratt began working as a construction manager for a Chicago real estate developer following his graduation from the University of Illinois.
“I was constantly confronted with legal issues,” Pratt said. “After speaking to our developer’s in house counsel, I realized that armed with a Juris Doctor, my civil engineering degree and my experience in construction management, I would have a powerful tool.”
Pratt enrolled in Marquette Law School. Following graduation, he relocated to Fort Lauderdale. “I was fortunate to begin working for a trust and estate litigation firm early on,” he said. Pratt quickly came to recognize that he would spend his career focused on trust and estate litigation, so he pursued his graduate certificate in financial planning and his certified financial planner designation. “I knew that to effectively help my clients, I needed to have a strong background in tax, investment management, insurance and other financial areas. I felt my knowledge in those areas was lacking, so I made the call to get the education my client’s deserved.”
To date, Pratt has handled hundreds of trust, probate and estate cases. “While I’m proud of having helped touch so many people’s lives, I try to keep the perspective of the client,” he said. “They will most likely be involved in only one trust and estate case in their lifetime. It will be one of the most stressful experiences of their life. In that crisis situation, it is rewarding to be able to help them obtain a successful result.”
For the first eight years of his practice, Pratt worked as an attorney at various firms gaining the knowledge – and education – to effectively represent his clients. Once he felt secure in his ability, he set out to fulfill his original ambition, founding his own firm.
Now, as a managing partner of Huth, Pratt & Milhasuser, Pratt has embraced the many roles that come with owning a business. “In those early years my only role was to be an attorney,” he said. “Now, I’ve been thrust into the roles of office manager, business owner and lead counsel.”
Read More…
2500 North Military Trail, Suite 460
Boca Raton, Florida 33431
Phone: 561-392-1800
© 2026 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.
Site Map Notices
Web Development & Web Marketing by IWD Marketing
