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Widerman Malek Law Blog

Qualified Income Trust: Why it is So Important for Seniors

These income trusts provide seniors with a way to gain the access into senior living facilities, as well as nursing homes when their income exceeds the Medicaid cap. This extra money that is being put away is what is going to cover the additional costs that the insurance company is not going to pick up. […]

How To Start A Trust

Everyone should prepare their finances for the day when they are no longer with us.  Your estate can be dispersed anyway you see fit.  Why would someone consider setting up a trust instead of dispersing an amount immediately to someone?  It could be a matter of age.  If a person is leaving an amount of […]

IS MY POWER OF ATTORNEY STILL VALID?

Many people consider the importance of a will as part of their estate plan but never stop to consider the need for a valid Power of Attorney.  A power of attorney is a legal document that allows you to choose another person (agent) to transact on your behalf.  It is considered wise to also choose […]

Being Appointed A Personal Representative

Your father or best friend asks you to be their personal representative of their estate should something happen to them.  That doesn’t sound too hard.  Now years down the road, it’s time for you to assume that role.  Do you know what to do?  Where do you start?  This article should help you get started […]

4 Major Differences Between a Will and a Trust

A will is a written document—signed and witnessed—that indicates how your property will be distributed at the time of your death. It is revocable and subject to amendment at any time during your lifetime. It also allows you to appoint a guardian for your minor children. A trust enables you to create a separate legal entity […]

Can I disinherit someone?

In Florida and many states (if not all states), the short answer is you can absolutely disinherit someone . . . mostly.  There’s a catch or two though.  You can disinherit anyone to a certain degree.  The problem is that statutes sometimes allow certain heirs the ability to take an elective share of the elective estate […]

What does it take to create a trust?

A trust is an animal with several different heads.  In order to create a non-charitable trust, you need several different parts.  Section 736.0402, Florida Statutes, lays out the requirements for creating a trust in Florida.  Non-charitable trusts require: (1) a settlor with capacity, (2) intent to create a trust, (3) a definite beneficiary, (4) duties […]

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