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...
Continue reading…

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...
Continue reading…

“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...
Continue reading…

Fourth DCA Reverses and Remands Probate Court’s Distribution of Trust

Darian v. Weymouth Case No. 4D10-550 Andrew Darian, personal representative of the estate of his father, James E. Hughes, and trustee of the James E. Hughes Living Trust, appeals a final summary judgment entered in favor of Elizabeth Ann Weymouth, personal representative of the estate of her mother, Martha Mayfield Hughes where the probate court awarded...
Continue reading…