Guardian May Charge Fees, Even if Family
A guardian may charge fees for acting as guardian. That basic principle is not really surprising or disputable. But the notion persists that this important work should not cost, or at least be inexpensive. We have written about guardianship fees before. The subject comes back up because of a recent Florida Court of Appeals decision […]
Surety Bond Protects Estate, not Fiduciary
Most people are unfamiliar with the term “surety bond”, and may never have run across the concept. When a court appoints someone to manage another person’s money, a surety bond is often involved. Different kinds of fiduciaries Depending on the context, a court might appoint a conservator to handle the estate of someone who is […]
Trust Administration Potpourri
Here at Fleming & Curti, PLC, we comb recent case reports and news items looking for a good story to illustrate important legal principles. We are always on the lookout for stories about, for instance, trust administration issues. Sometimes our work is easy; sometimes there just don’t seem to be great recent stories. Perhaps it’s […]
When You Might Want to Open an ABLE Act Account
SEPTEMBER 13, 2016 VOLUME 23 NUMBER 34 Now that ABLE Act programs have been set up in several states, you might wonder if it’s time for you to set up an account for yourself or a family member with a disability. How can you figure out whether ABLE is right for you? We’ll try to […]
Mediation in Guardianship Proceeding Can Be Effective, But Raises Questions
FEBRUARY 8, 2016 VOLUME 23 NUMBER 6 Sometimes court proceedings are necessary in order to resolve differences of opinion — but almost everyone recognizes that it is good to seek resolution by a simple agreement when the parties can resolve their differences outside court. Mediation, for instance, is a great way to resolve many legal […]
Do-It-Yourself Will May Not Save Costs After All
APRIL 7, 2014 VOLUME 21 NUMBER 13 From time to time we devote our weekly newsletter to a story about estate planning gone wrong — often (but not always) because of an individual’s decision to forego the help of a lawyer in drafting a will or trust. Lawyers also make mistakes, of course, but they […]
Despite Guardianship, Ward May Have Capacity to Marry
MAY 2, 2011 VOLUME 18 NUMBER 16 We have written in previous installments about differing state laws regarding the ability of a guardian (of the person) or conservator (of the estate) to file a divorce proceeding “for” an incapacitated adult. The question that comes up more often from our clients is a little different, though. […]
“Spendthrift” Trust Protects Against Beneficiary’s Creditors
MAY 17, 2010 VOLUME 17, NUMBER 16 What makes a trust a “spendthrift” trust, and what does it mean? A recent Florida Court of Appeal case gives a good snapshot of the significance and the effect of the categorization. Elizabeth Miller wanted to leave her property to her two sons, but wanted to protect against […]
DNA Test Might Be Useful To Establish Decedent’s Paternity
FEBRUARY 15 , 2010 VOLUME 17, NUMBER 5 Despite being cloaked in arcane terms and arguments, the legal system usually makes sense in the real world in which it operates. Sometimes, however, it may take the legal system a few years — or a few centuries — to catch up with that real world. One […]
High-Stakes Guardianship Case Illustrates Multistate Conflicts
APRIL 9, 2007 VOLUME 14, NUMBER 41 Mark Glasser and Suzanne Glasser Matthews, brother and sister, have spent the last two years battling for physical and financial control over their mother, Lillian Glasser. The 86-year-old Mrs. Glasser, who at one point had an estimated net worth of $25 million, has been the subject of proceedings […]
“Full Faith and Credit” Applies In Two-State Probate Actione
APRIL 5, 2004 VOLUME 11, NUMBER 40 A Florida court found Alvarado Kelly incompetent in 1960, and appointed a guardian to manage his property. Fifteen years later Mr. Kelly moved to a facility in Mississippi operated by Sarah Cuevas; he lived in that facility until his death twenty five years later. After his death Mr. […]
Powers of Attorney: Draft With Care and Use as Instructed
APRIL 7, 2003 VOLUME 10, NUMBER 40 Recently two different state courts addressed the exercise of authority made pursuant to a durable financial power of attorney. These cases illustrate why care should be taken both in drafting a power of attorney and in choosing an agent. In Florida, after David R. James II died, four […]
