Court Orders Dismissal with Prejudice in Favor of Bresky Law’s Client and Estate Plan

In a recent case, Bresky Law was originally retained to represent the personal representative in the administration of a probate estate that poured into a revocable living trust. During the probate administration, one of the trust beneficiaries filed an adversarial trust action, claiming the trust amendment had been procured by undue influence....

During or After Your Divorce, It’s Time to Update Your Estate Plan

By Jennifer L. Fulton, Esquire If you are going through a divorce, consider your estate plan. Most people want someone other than the spouse they are divorcing to make their health care decisions for them. You may also want to change the fiduciaries named in your documents and change the beneficiaries. The rules are different...

What Is a Power of Attorney and Why Would I Want One?

We live in uncertain times. Our GPS re-routes us for accidents during our commute. There are rumors of epidemics that may impact our health. According to the Alzheimer’s Association, 1 in 3 seniors dies with Alzheimer’s or another dementia. It is uncomfortable to think about moving from being healthy and in control of your...

What’s All the Fuss about Trusts?

By Jennifer L. Fulton, Esquire A revocable living trust is part of a complete basic estate plan. Once drafted, it also has to be funded. Why would anyone want to go to all that work? The reason many attorneys favor including a revocable living trust is because, together with the other tools in a basic...

Appellate Attorney Robin I. Bresky Honored With 2019 Soroptimist International Women of Distinction Award

BOCA RATON, Fla. – Appellate attorney Robin I. Bresky, Founder and President of Bresky Law, won the 2019 Soroptimist International Women of Distinction award in the category of Community Involvement. Bresky was recognized for her many contributions to Legal Aid Society of Palm Beach County where she has served as a board member for the...

Protecting Your Adult Children: The Underappreciated Benefit of a Revocable Living Trust

By Jennifer L. Fulton, Esquire Bresky Law The golden age of the pension plan is waning. Social security is at risk of going bankrupt. The divorce rate has risen, and can wreak financial havoc in a person’s life. How will your children retire? While you may not be able to protect them from these possibilities, your...

Should Estate Plans be Updated for Those Who Relocate to Florida?

Has a friend, family member or colleague recently relocated to Florida or thinking of moving to the Sunshine State? They may have a will or a full estate plan that was prepared by an attorney in another state, or perhaps they haven’t yet taken the important step of planning their estate. Either way, a relocation...

Bresky Law Obtains Order Denying Discretionary Review of Probate Matter in Florida Supreme Court

October 25, 2018* Bresky Law recently assisted an elderly client in obtaining dismissal of a trustee’s attempt to take a probate proceeding to the Florida Supreme Court. Our client was the beneficiary of a decedent’s will and trust. The Trustee initiated the probate case as personal representative of the estate. Our client later initiated a separate...

“Filing” Means Electronic Filing: Bresky Law Wins Affirmance of Trial Court Order Disallowing Claim Submitted to Clerk in Paper Form

United Bank v. Estate of Frazee, Case No. 4D15-826 (Fla. 4th DCA, July 13, 2016)* UPDATE: Mandate issued on September 2, 2016. Bresky Law recently obtained affirmance of a trial court order that found a bank’s claims against a decedent’s estate untimely. The appeal required the Fourth DCA to examine the meaning of “filing” court documents...

Bresky Law Obtains Affirmance of Order Ruling that Obligation in Property Settlement Agreement Did Not Apply to Non-Probate Assets

Bresky Law, with appellate co-counsel and trial counsel Amy Beller, recently obtained a per curiam affirmance of a trial court order in our client’s favor in a dispute over the interpretation of language in a property settlement agreement (“Agreement”). The Decedent entered into the Agreement as part...