If you’ve recently relocated to South Florida, congratulations on your move! Along with the excitement of settling in, this is an important time to review your estate planning documents with a Florida-licensed estate planning attorney. Florida has its own statutes governing wills, trusts, healthcare directives, and powers of attorney, and documents drafted in another state […]
Read More…We are proud to announce new attorney Xiomara Cruz has joined Huth, Pratt and Milhauser in Boca Raton, FL as a Senior Litigation Attorney.
Xiomara Cruz is a versatile and tech-forward senior litigation attorney experienced in directing and managing high-volume litigation portfolios. Xiomara is adept at synthesizing complex scenarios and data with key qualitative insights that provide corporate and private clients with sophisticated case assessments, cost-benefit analyses and strategic clarity. Attorney Cruz is a multi-perspective advocate with a deep background in insurance law, civil litigation, real estate transactions, and corporate regulatory set-up, committed to high-efficiency strategic plans and resolutions. Ms. Cruz has a proven ability to integrate expertise from multiple practice areas into formidable winning strategies.
We are confident that Xiomara’s skills and values will be a perfect fit as we continue to provide proactive, efficient, and results-driven legal services.
Read More…When a family home passes to multiple children, they often find themselves co-owning the property as “tenants in common” — each holding a distinct, transferable share and each bearing a proportionate responsibility for expenses such as taxes and insurance. This works smoothly when all co-owners agree on the property’s future. Disputes arise, however, when siblings have differing goals or when one sibling is already living in the home rent-free.
Under Florida law, each co-owner generally has the right to use the entire property, receive a proportionate share of any rental income generated by third parties, and sell or transfer their own ownership interest. A co-owner in exclusive possession does not automatically owe rent to the others — that obligation typically arises only if the occupying co-owner has effectively excluded the others from the property (known as “ouster”), or as an offset if the occupying co-owner seeks reimbursement from the non-occupying co-owners for property expenses. The specific facts of each situation matter considerably, and these issues are frequently resolved through the accounting process in a partition proceeding.
When co-owners cannot agree, several options may be available: a buyout of one or more co-owners’ shares, a written co-ownership agreement addressing use and expenses, or a voluntary sale. If no resolution can be reached, any co-owner may file a partition action under Florida Statutes Chapter 64 — a court proceeding that can result in a physical division of the property or, far more commonly for residential homes, a court-ordered sale with proceeds distributed among the co-owners. Florida’s Uniform Partition of Heirs Property Act may also provide qualifying co-owners with the right to purchase another heir’s interest at appraised value before a court-ordered sale.
A partition action is a last resort. Court-ordered sales often yield less than market value, and legal costs are typically deducted from proceeds before distribution. The financial and relational costs can be significant. Co-owners are well advised to explore all negotiated options before resorting to litigation. These disputes are highly fact-specific, and this overview addresses only general principles — individual circumstances may involve additional rights, obligations, and considerations not covered here.
If you are a co-owner of inherited property and are seeking legal guidance, contact Huth, Pratt & Milhauser. Our attorneys can help you evaluate your options, protect your interests, and navigate these matters with the care they deserve.
Read More…We are pleased to announce that Zander Retamar has been named a Partner.
We are pleased to announce that Zander Retamar has been named a Partner at our Firm!
Since joining the firm, Zander has consistently demonstrated exceptional legal expertise, a strong commitment to client service, and meaningful contributions to the firm’s growth and culture. He has earned the trust of clients and colleagues alike and has played a key role in the following practice areas:
Trust, Estate, and Guardianship Litigation & Administration, and Estate Planning & Asset Protection
This promotion reflects not only Zander’s professional accomplishments, but also his dedication to excellence, leadership, and collaboration. As a Partner, he will continue to help guide the firm’s strategic direction while maintaining the high standards of service our clients expect.
Congrats Zander on this well-deserved achievement!
A message from Zander:
I am truly honored to be a Partner at Huth, Pratt & Milhauser. From day one, it has been a privilege to work alongside Brandan, Brad, and the entire HPM team. Their leadership, mentorship, and support have been invaluable, and this firm has felt like home from the start. I am proud to step into this role and look forward to continuing to contribute to the firm’s growth, success, and future direction.
– Zander Retamar, Esq., LL.M.
Blending families with adult children creates great joy but also its own set of complications, particularly with inheritances. If you are concerned that your adult stepchildren may try to force you out of the South Florida home you shared with your spouse, know that you have legal rights and protections. Florida’s homestead rules protect surviving spouses to reduce the risk of being forced out of their home. Consider each of the following scenarios:
Scenario 1: The home is solely titled to your spouse.
Option A: You could receive a life estate in the home, meaning that you are allowed to live in the home for the remainder of your life. Your stepchildren will inherit the home after your death. If you choose to take this option, you would be responsible for paying for property taxes, home insurance, and maintenance on the home as long as you reside there. Your stepchildren would be responsible for the mortgage payments, title-related payments, and any necessary environmental remediation.
Option B: You could take a 50% tenant-in-common interest in the property. This means that you would own 50% of the property and your stepchildren would own the remaining 50%. You would share all home ownership-related expenses equally. You could sell your share of the home to your stepchildren and choose to move elsewhere.
With either option, the home is protected from most creditors as long as you are living there.
Scenario 2: The home is jointly titled with tenancy by the entirety to you and your spouse.
In this situation, you will become the sole homeowner immediately and your deceased spouse’s children will have no claim to the home. After your death, the home will pass to your children. Similar to scenario 1, the home will be protected against most creditors.
Scenario 3: The home is titled to an irrevocable trust.
In this scenario, the home loses its homestead status, so Florida’s homestead rules no longer apply. The terms of the trust will dictate who inherits the home. Typically, the trust terms allow the surviving spouse to remain in the home for the rest of their life, but this is not required. If the trust terms indicate that your stepchildren immediately inherit the home, they could force you to leave.
Florida’s homestead rules protect surviving spouses from being forced out of their home. If your stepchildren have threatened to evict you, or if you are in any inheritance dispute, contact Huth, Pratt & Milhauser for a free case consultation. Our top-notch probate litigation attorneys have years of experience protecting the rights of Florida surviving spouses.
Read More…Huth, Pratt & Milhauser is a well-established Florida law firm offering a wide range of legal services focused on: wills, trusts, estates, probate and guardianship, including planning, administration, and litigation.
The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide exceptional service to our clients. Our highly experienced team of attorneys have received high AVVO rankings and Super Lawyers designations, recognizing the legal expertise, dedication, and experience that they provide.
The mission of Huth, Pratt & Milhauser is:
“To ethically provide world class representation to our clients to guide them in reaching the best possible results.”
– Provide the best technical legal representation we can
– Provide proactive and efficient representation
– Provide 5 -star customer service
– Provide a professional, collegial, and positive work environment
How can Huth, Pratt & Milhauser help you protect your legacy?
-1- Estate Planning
-2- Administration: Probate – Trust – Estate – Guardianship
Probate administration is the legal process overseen by the court for managing and distributing a deceased person’s estate. It includes making sure the outstanding debts are paid, taxes are filed, and remaining assets are transferred to beneficiaries according to the will or applicable state law. The process could take months, which is why our qualified attorneys are here to guide you.
-3- Litigation
Sometimes, things do not go as planned. Do you know when you need a probate or trust litigation attorney? Can you challenge the validity of a will? Can you remove a personal representative? If you have concerns about how a family member’s trust or estate is being managed, you need an experienced litigator to fight for your rights. Huth, Pratt & Milhauser has a track record of success in winning complex litigation cases.
Huth, Pratt & Milhauser
Huth, Pratt & Milhauser appreciate you being part of our community and we value your support. We’d like to express our sincere gratitude for the professional relationship that we share. We look forward to working together in the future.
Feel free to share this blog post and if you know anyone who could benefit from our services, we would appreciate an introduction. We offer free initial consultation. Contact us today to learn how we can best help you.
HPM is a well-established law firm that offers a wide range of legal services in the areas
of wills, trusts, estates, probate and guardianship for planning, administration, and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enables us to provide exceptional representation to our clients.
We strive to provide superior and focused counsel in a timely manner, and we proudly serve clients from our office in Boca Raton, Palm Beach County, Florida.
Read More…A no-contest clause states that if someone mentioned in the will contests it and loses, they will receive no inheritance. The purpose of this clause is to deter will contests and ensure that the will is executed exactly as the testator (the person who died and left a will) wrote it. Under Florida law, no-contest clauses are neither valid nor enforceable. Similarly, Florida law does not enforce no-contest clauses in trusts either.
Many wills and trusts have no-contest clauses because most other states allow them. If the testator wrote the will while living in another state but died as a resident of Florida, then Florida’s laws would prevail and the clause would not be enforceable.
There are five valid reasons that would allow an heir or beneficiary to contest a will. One of the reasons is lack of testamentary capacity, which means that the testator lacked the mental capacity to fully understand what they were doing when they drafted the will. Having dementia, Alzheimer’s, or other cognitive impairment are some examples of having a lack of testamentary capacity. To win a will challenge, you will need to show through medical records and witness statements that the testator did not understand what they were doing when they signed off on the will.
Another reason for contesting a will is undue influence. This occurs when a family member, friend, or caretaker coerces or threatens the testator into leaving them a greater inheritance than they would have received otherwise.
Suspected fraud is a valid reason to contest a will as well. An example of fraud would be if someone misrepresented the contents of the will or that the document was a will. Another reason an heir may choose to contest a will is improper execution. For a will to be valid in Florida, it must be voluntarily signed by the testator and two witnesses at one time. The final reason to contest a will is if it contains a mistake.
To contest a will, you must either be an heir under Florida’s intestacy laws, a beneficiary named in a prior version of the will, or someone with a financial interest in the estate. If you fall into one of these categories and believe that a will is invalid, contact an experienced probate litigation attorney, such as the attorneys at Huth, Pratt & Milhauser. Your attorney will investigate the case to determine if there is enough evidence to contest the will. If your attorney believes there is enough evidence, they will file a petition in court to challenge the will. To find out if a will contest may be an option in your situation, contact Huth, Pratt & Milhauser for a no-fee initial consultation.
Read More…
We are proud to announce that both Brandan J. Pratt and Brad H. Milhauser have been selected as Florida Super Lawyers in 2026. This is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Florida receive this distinction.
Brandan J. Pratt, J.D., CFP was selected in the practice area of
Trust & Estate Litigation
Brad H. Milhauser, J.D., LL.M. was selected in the practice area of
Estate Planning
RISING STAR
Alexander “Zander” J. Retamar, Esq., LL.M. was selected as a Florida Super Lawyers Magazine:
“Rising Star” 2026
A quick internet search will provide you with pages of do-it-yourself estate planning documents that are readily accessible for free or for a very low cost. Many people find it tempting to use those documents, thinking they can save money by not hiring an attorney. While the upfront costs of using these documents is less expensive than hiring an attorney, the long-term cost to your heirs can cost much, much more.
When you hire an estate planning attorney, you’re not just paying for the actual legal document. You are paying for the attorney’s expertise in understanding the specifics of your situation and devising a customized strategy to help you achieve your final wishes. This is especially important if you have significant assets, a blended family, children from another partner, own a business or would like to leave assets to a friend, family member, or organization that is not included in Florida’s intestacy laws.
Tax liability is another issue that do-it-yourself documents don’t adequately address. The larger the estate that you leave, the larger your heirs’ potential tax liability will be. A South Florida estate planning attorney knows the minutiae of Florida’s and the federal government’s tax laws related to inheritance. Based on your financial situation, they can devise a plan that will minimize the taxes your heirs will need to pay, leaving more assets for them to inherit.
You are also paying for your attorney’s expertise in writing clear, direct instructions that will minimize the likelihood of misinterpretations and misunderstandings that can lead to will challenges. If you have a family member that may be “difficult”, litigious, or unhappy about your final wishes, it is especially important to have an attorney draft your estate planning documents to minimize the risk of a will challenge, which can take years to resolve and cause a financial drain on your estate.
Inheritance and estate planning laws vary by state. With do-it-yourself estate planning documents, you have no idea who actually wrote the documents and if they meet the requirements for the laws in Florida. Truth be told, you have no way of knowing if even a human wrote the documents or if AI wrote them.
Another area where do-it-yourself documents fall short is in execution. For a will to be properly executed in Florida, there must be two disinterested parties who witness the testator signing the will. A Florida estate planning attorney will ensure that this legal procedure is followed. If these instructions are unclear or not included in a do-it-yourself will, the document will not be upheld by the courts.
Don’t take chances with your hard-earned assets. You and your loved ones deserve to have the experts at Huth, Pratt & Milhauser create your Florida estate planning strategy and documents. Contact us today to learn how we can help you.
Read More…Appointing more than one trustee to manage a trust has many benefits, such as:
A large downside, though, is that having more trustees means having more opportunities for disputes. If you are a beneficiary of a trust and your trustees have a dispute, this has the potential to negatively affect the value of the trust and your distributions from it.
Trust disputes can be about aspects of trust administration. Some of the more common disputes are about:
As a beneficiary, your first step is to contact a South Florida lawyer with expertise in litigating trust disputes, such as the attorneys at Huth, Pratt & Milhauser. Depending on the specifics of your situation, your attorney has several options for how to proceed.
One option is to arrange for mediation to resolve the dispute. In this scenario, all parties would attend a mediation or agree to be bound by the terms of mediation. While this can be time-consuming, it is faster and less expensive than litigation.
Another option is to review the language in the trust to see if there is an option to remove one or both trustees and replace them. Some trusts contain provisions for removing trustees, but many do not.
If neither of these two methods are possible, the third option is to petition the Court for removal of the trustee(s). You will need to prove that the removal of the trustee is in the best interest of the trust. The trustee would either be replaced by a successor trustee named in the trust documents or a professional, neutral, third-party trustee that the court appoints.
In cases of embezzlement, self-dealing, or other criminal activities, your attorney may also contact the local authorities to press charges against a trustee.
If you are a beneficiary and the trustees for your trust are locked in a dispute, or if you are a trustee and you feel your co-trustee is either making poor choices or being unresponsive, contact Huth, Pratt & Milhauser right away. We will advise you of your legal options and fight to ensure your trust is properly managed.
Read More…For most parents, the beneficiaries of their estate plan are one or a combination of children and grandchildren. While this may be the case, there is often a concern about the ability of a child’s spouse to access the assets left for them. Specifically, questions arise as to what happens to a child’s inheritance in the event of divorce without the proper safeguards. Additional concerns include disagreements in an in-law’s spending habits. It is a delicate balance between ensuring your adult child can access assets left to them, while also protecting these assets from a child, or grandchild’s, spouse. While having a will is a good first step to ensure their child receives the assets left to them, it won’t stop a child’s spouse from accessing them. It is important to engage legal professionals who understand how to strike the balance in an estate plan, with various planning options to accomplish this goal.
One option to help prevent your child’s spouse from accessing the inheritance is to ask your child to sign a prenuptial agreement with their betrothed or, if they are already married, a postnuptial agreement. However, this method is not foolproof. If your child comingles the inheritance funds in a joint account or uses the funds to pay for marital expenses, such as a home or bills, your child’s spouse may be able to argue that the funds became marital funds.
A second, and better option, is to set up a trust that will administer the funds on behalf of your child. The trust would name your child as the beneficiary. The trust is revocable during your lifetime so you maintain full control over it and its assets. You select trustee(s) who will manage the trust after your death, at which time, it becomes irrevocable. The trustee(s) could either be an independent third party or your child plus an independent third party. While it is legally permissible to make your child the sole trustee, that would enable your child to give their spouse access to the trust funds.
You can specify how often your child receives distributions from the trust and the value of the distributions. You can also specify how the distributions are used. To add another safeguard, you could even specify that instead of distributing funds to your child, the trust should pay for all purchases directly. For example, if your child wants to buy a home, the trust pays the home seller directly, rather than disburse the funds to your child to pay for it.
It is also important to list backup beneficiaries, such as your grandchildren, other loved ones, or charitable organizations that will inherit the trust funds, if any remain, after your child’s death. This can help preserve your legacy within your family and/or charitable organizations for decades to come.
The estate planning attorneys at Huth, Pratt & Milhauser have worked with hundreds of South Florida families to develop strategies to protect their hard-earned assets and ensure they are distributed following their wishes. Contact us today for a free consultation to learn how we can help your family.
Read More…It’s been on your to-do list for months and you keep putting it off. In honor of National Estate Planning Awareness Month, pick up the phone and make the call to set up an appointment with an attorney for drafting or updating your estate planning documents.
Having a professionally drafted estate plan will protect you and your loved ones in the event of a tragedy. The Four (4) basic components of an estate plan include a healthcare surrogate and living will, a durable power of attorney, a last will and testament, and often a revocable trust.
If someone dies and does not have a will, they die “intestate.” When someone dies intestate, their assets enter the probate process and are distributed based on Florida law. These rules are likely to be different from how you would choose to distribute your assets.
This National Estate Planning Awareness Month, do yourself and your loved ones a favor by contacting Huth, Pratt & Milhauser, one of South Florida’s leading trust and estate law firms, to set up your estate planning documents.
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We are proud to announce that Alexander J. Retamar (Zander) was selected: Top Lawyers 2025 in South Florida for Wills, Trust and Estate by the Boca Raton Observer (09/2025 issue). See link:
Alexander “Zander” J. Retamar, Esq., LL.M. is an Associate Attorney with the firm. Mr. Retamar focuses his practice on Trust, Estate, and Guardianship Litigation & Administration, and Estate Planning & Asset Protection. Mr. Retamar earned his LL.M. in Taxation from the University of Florida Levin College of Law. Prior to obtaining his LL.M. degree, Mr. Retamar earned his J.D. from Florida Agricultural & Mechanical (FAMU) College of Law where he graduated Cum Laude, and served as Associate Articles Editor for Law Review. In addition, Mr. Retamar was appointed as Chief Judge of the Student Circuit Court by his peers, and served as President of Intramural Sports during his time at the College of Law.
Prior to obtaining his J.D., Mr. Retamar earned his B.A. in Criminology with a minor in Psychology from Villanova University where he was a four-year scholarship student-athlete for the Wildcats baseball team. During his time at Villanova, he participated in the Leadership Institute and was a Special Olympics Volunteer. Zander is a Boca Raton native, and is also active in the community. Zander currently serves on the Board of Directors of the Young Lawyers Section of the South Palm Beach County Bar Association, and on the Junior Board of Directors of the Caridad Center, and is an active Member of the Greater Boca Raton Estate Planning Council. Click here to learn more.
Read More…When your loved one named the trustee for your trust, they believed that the individual would manage and distribute the funds according to their final wishes, as detailed in their trust documents. Not only is this the moral and ethical action to take, but it is also legally required. According to the Florida Trust Code, a trustee must agree to uphold several principles when managing a trust, including:
While most trustees manage their trusts to the best of their abilities, some abuse their position of power. Here are some of the red flags that may indicate your trustee is mismanaging your trust:
Lack of Communication
Your trustee should update you about the trust expenses, assets and distributions at regular intervals. If you have questions about the trust or its administration, the trustee should respond promptly. If the trustee “forgets” or refuses to provide updates or reply to your questions, that is a sign that something may not be right.
Unexpected Changes or Transfers in Trust Assets
If you find that the value of the trust has declined more than you would expect or more than is easily explainable, that could indicate the trustee is taking higher withdrawals from the trust than is allowed for their compensation.
Self-Dealing
Examples of self-dealing include the trustee taking personal loans from the trust, buying assets at below-market prices from the trust, or using trust funds to pay for personal expenses.
Conflict of Interest
A trustee needs to avoid conflicts of interest and the appearance of conflicts of interest. A common conflict of interest is a trustee hiring their own company to work for the trust. For example, if the trustee owns a contracting company and hires their own company to renovate the property owned by the trust, that is a conflict of interest.
If you suspect that your trustee is not fulfilling their legal obligations, you need to act fast to protect your assets. Huth, Pratt & Milhauser has successfully guided families throughout South Florida through the legal maze of removing and replacing corrupt trustees and recovering illegally squandered trust assets. Contact us right away for a free initial consultation to evaluate your case.
[1] Ch. 736, Fla. Stat. (2021).
Read More…Attorney Brandan J. Pratt was featured in the September edition of the Florida Probate Trust Litigation Blog. The following is the introduction. Click here for the full article.
Brandan J. Prattof Huth, Pratt & Milhauser in Boca Raton was on the winning side of Markes v. Markes, an interesting 4th DCA appellate opinion I wrote about here involving a contested, multi-jurisdictional estate with contacts in New York, Florida and Jamaica. The 4th DCA ruled in that case that a Florida probate judge can’t transfer a probate proceeding to New York if the decedent owned real estate in Florida. I invited Brandan to share some of the insights he drew from this case with the rest of us and he graciously agreed. Click to read more.
Read More…The in-state cost of attendance at University of Florida is currently $24,180 per year and the cost of some private universities can reach nearly $100,000 per year. For a young child who won’t be attending for a decade or more, the price is sure to be even steeper. Many South Florida parents feel a responsibility to help their children pay for college to minimize the amount of debt they will shoulder as young adults. But, if something were to happen to you before your children were college-aged, how would your children pay this enormous expense?
Contacting an experienced Estate Planning attorney to develop a comprehensive estate plan is your best defense against unplanned events or situations. Creating a trust will likely be one of the key elements of your estate plan. A trust is a legal entity that can hold assets for safekeeping for your child. A trust can hold cash, investments, real estate, and nearly any other asset – tangible or financial.
You, as the grantor (or trustor is the person who funds the trust), will establish the rules for how funds should be distributed from the trust. For example, you could provide instructions allowing distributions from the trust for tuition, room and board, books, health costs, and other expenses associated with college. You could even specify if the funds can be used for spring break trips. In addition to covering college costs, you can decide if the trust funds can be used to cover other expenses your child may incur as a young adult, such as purchasing a car, wedding, or a down payment on a home. Many individuals also choose for additional distributions to occur at regular intervals based on their child’s age, such as permitting additional distributions at ages 25 and 30.
As part of establishing the trust, you will name one or more trustees who will manage it. The trustee will be responsible for investing the trust funds, disbursing them according to your wishes, and paying all bills associated with the trust. It is crucial to you select your trustee with care, as they will be the one who has the authority to approve or reject the expenses that the trust will pay on behalf of your child. In some cases, it may be beneficial to name a trustee who is different from your child’s guardian, such as a different individual or a trust company who would provide professional money management services and more objectivity to the trust’s administration than a family member may be able to provide. Talk to your attorney for advice on your specific situation.
In addition to creating a trust to hold their existing assets, many parents also purchase a life insurance policy. You can name the trust as the beneficiary to ensure that there are sufficient funds in the trust to cover the cost of college and other expenses for your child.
If you have young children and are looking to help financially secure their future, contact the attorneys at Huth, Pratt & Milhauser in Boca Raton. We specialize in Estate Planning and Probate Litigation and have helped families throughout South Florida navigate the legalities of preparing for their children’s and grandchildren’s futures.
Read More…A prenuptial agreement is a contract between two individuals that delineates what will happen to their assets if the couple divorces. Some also contain provisions about what will happen if one spouse dies. The latter is especially common if one or both spouses have children from prior relationships. In contrast, a Will is a document that describes how an individual would like their assets to be distributed after their death.
To prevent family discord and potential Will contests, the terms in your Will should match the terms in your prenuptial agreement. Unfortunately, that doesn’t always happen. Historically, if a Will and a prenuptial agreement in South Florida have conflicting terms, the Probate Courts often allow the prenuptial agreement to prevail. However, it’s important to remember that this does not always happen and each case is evaluated on its own merits.
If you discover that the terms in your deceased spouse’s Will differ from those in your prenuptial agreement, you will need to contact a probate litigation attorney. Your attorney will carefully review both documents and check to see:
Your attorney will also investigate if the Will written while your spouse was incapacitated or under duress. If so, this would invalidate it, and your attorney will seek to prove this.
Your attorney will inform the attorney handling the probate for your spouse’s Will that you plan to contest it since it does not match the terms of your prenuptial agreement. At this point, the beneficiaries in your spouse’s Will may investigate your prenuptial agreement to try and prove that it was invalid and that the terms of the Will should prevail.
Will contests can take years to resolve, even if they are settled out of Court. The probate litigation attorneys at Huth, Pratt & Milhauser are experienced at winning complex litigation cases involving Will contests. We will expertly and compassionately guide you through the legal maze of fighting for the inheritance that your spouse intended for you. Contact us today to learn how our legal experts can help you.
Read More…Including a Trust in your estate plan is a great way to help ensure your assets are divided according to your wishes in a timely manner that minimizes taxes. Most Grantors (the person funding the Trust) leave their assets to close family members (known as Beneficiaries). Many also consider appointing one of these Beneficiaries as the Trustee — the person responsible for administering the Trust. But is this a good idea?
In Florida, you can legally select a Beneficiary to serve as Trustee. This is a personal decision, and whether it’s the right choice depends on your family dynamics, estate planning goals, and the complexity of your trust.
There are two key reasons many Grantors find naming a Beneficiary as Trustee appealing:
However, there are also potential pitfalls to consider:
Because of these concerns, some Grantors choose to appoint an independent Trustee — someone who is not a Beneficiary — to preserve neutrality and reduce the likelihood of disputes.
When a Beneficiary Can Serve as Trustee
That said, in many situations it may be entirely appropriate — and even beneficial — for a Beneficiary to serve as Trustee. This is especially common in continuing trusts established for a Beneficiary’s benefit, such as when a trust is designed to last beyond initial distribution (e.g., to protect assets from creditors or preserve wealth across generations).
In a continuing trust, it is permissible for the Beneficiary to serve as the sole Trustee of their own trust. Asset protection can still apply, provided the trust is properly drafted. For example, the trust can include provisions that limit distributions to ascertainable standards, such as for the Beneficiary’s health, education, maintenance, and support (HEMS). These limitations help preserve the trust’s integrity and may shield the trust assets from creditors or marital claims.
Key Considerations When Choosing a Trustee
Whether you choose a Beneficiary or an independent third party, your Trustee should be someone who is:
There is no one-size-fits-all answer. Choosing a Trustee is a deeply personal decision that depends on your unique circumstances. Naming a Beneficiary as Trustee can work well in some cases — particularly in long-term trusts with appropriate safeguards — while in other situations, selecting a neutral third party may better serve your intentions and reduce the risk of conflict.
Working with an experienced estate planning attorney can help you evaluate your options and craft a trust that balances flexibility, protection, and family harmony.
Huth, Pratt & Milhauser
Huth, Pratt & Milhauser value your support and appreciate you being part of our community. Feel free to share this newsletter and if you know anyone who could benefit from our services, we would greatly appreciate an introduction.
HPM is a specialized law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate and Guardianship for planning, administration, and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide exceptional representation to our clients.
We proudly serve clients from our Boca Raton, Palm Beach County, Florida office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.
Read More…We are proud to announce that both Brandan J. Pratt and Brad H. Milhauser have been selected as Florida Super Lawyers in 2025. This is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Florida receive this distinction.
Brandan J. Pratt, J.D., CFP was selected in the practice area of Trust & Estate Litigation.
Brad H. Milhauser, J.D., LL.M. was selected in the practice area of Estate Planning.
Read More…HPM congratulates attorneys Brandan J. Pratt, Esq., CFP and Arthur Vincent, Esq. for winning a 5-day jury trial in Broward County, Florida involving claims of undue influence, breach of fiduciary duty, and tortious interference with an expectancy of inheritance.
Attorneys, Brandan J. Pratt, Esq., CFP and Arthur Vincent, Esq. represented the Defendant in a 5-day jury trial where the Defendant was being sued by his 3 siblings. The Father had 4 children. After the Father’s wife passed away, his youngest son (the Defendant) moved in with the Father to assist him. After the Defendant had lived with and assisted the Father for 11 years, the Father gifted his home to his youngest son (the Defendant) by signing a Deed, which was prepared by an attorney after consultation. The Father’s other three children (the “Plaintiffs”) found out about the gift shortly after the Deed was recorded.
With the ultimate of goal of having the Deed declared invalid, the Plaintiffs initiated guardianship proceedings over the Father. The Plaintiffs alleged that the Father had dementia and Alzheimer’s disease and should therefore be declared to be mentally incapacitated by the court. However, during the guardianship proceedings, the court appointed examining committee (consisting of a medical doctor, psychologist, and social worker) examined the Father and unanimously determined that the Father was completely capacitated and that no guardianship was necessary. As a result of the findings of the examining committee, the guardianship proceedings were dismissed. During the guardianship proceedings, the Father told his court appointed attorney that he had gifted his home to the Defendant and did not want to reverse the transaction although he knew that his other three children were upset about it.
Shortly after the guardianship proceedings were dismissed, the Father went to the attorney who represented him in the guardianship proceedings and had a new Trust prepared. The Trust appointed the Defendant as a co-Trustee of the Trust and named all four children as equal beneficiaries. While the Trust was being prepared, the Father told his attorney that his home was not part of the Trust since he had already gifted it to the Defendant.
The Father and the Defendant lived in the home together until the Father passed away, which was an additional 6 years after the Deed was signed. After the Father passed away, the Plaintiffs sued the Defendant to revoke the Deed and for other relief. The Plaintiffs alleged that the Deed was invalid because it was the product of undue influence exerted by their younger brother (the Defendant) over their Father. The Plaintiffs alleged that the Defendant orchestrated the preparation and execution of the Deed, orchestrated the preparation and execution of the Trust, and that the Defendant diverted assets that should have been placed in the Trust for his own personal use. The Plaintiffs claimed that the Father was suffering from dementia and Alzheimer’s disease at the time that the Father signed the Deed and was therefore highly susceptible to undue influence. Plaintiffs also claimed that the Defendant was active in procuring the Deed since he assisted his father in finding the attorney who prepared the Deed, drove his father to the appointment where the Deed was signed, and spoke with the attorney who prepared the Deed.
After a 5-day jury trial, the jury returned a unanimous decision in favor of the Defendant on all 3 counts. Specifically, the jury found that the Deed was not the product of undue influence, that the Defendant did not breach any fiduciary duties that he owed the Plaintiffs, and that the Defendant did not tortiously interfere with the Father’s expectation that the Plaintiffs would inherit. The Court reserved jurisdiction to award attorneys’ fees and costs against the Plaintiffs.
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Zander Retamar, Esq. and Anna Lieberman, Esq. were recently sworn in as members of the Board of Directors for the South Palm Beach County Bar Association’s Young Lawyers Section. This marks Zander’s third year of dedicated service on the Board, and Anna’s first as she joins the leadership team.
The YLS is committed to fostering professional development, community service, and networking opportunities for young attorneys in the region, while advancing the broader mission of the Bar Association to promote justice, professionalism, and the rule of law in South Palm Beach County.
How Can I Get Them the Help They Need?
When we think about how we are aging compared to earlier generations, 40 may be the new 30, but 80 is still 80. As we age, we are more likely to develop health problems that impact our ability to live independently, which includes our ability to handle our own medical needs and financial affairs. According to the National Institutes of Health, “24.2 percent of people 80 to 89, and 37.4 percent of those 90 years or older, were estimated to have some type of dementia”. [1]
If you are watching as dementia, or other health problems, impact your parent’s ability to make sound decisions, you may be wondering how you can legally take control of their medical and financial decisions to protect them from themselves, as well as from scammers. If your parent does not have their advance directives – such as a Durable Power of Attorney or Healthcare Surrogate – before they become incapacitated, the only recourse is to attempt to become the legal guardian over your parents. This requires seeking the advice of a legal professional to file the necessary Petitions to have you appointed as guardian.
To be named as a guardian, you must:
The Guardianship process is broken down into two cases: (1) Incapacity Determination; and (2) Appointment of a Guardian. Your attorney will file a Petition to Determine Incapacity with the Court which seeks to determine if, in fact, your parent lacks the capacity to handle their decision making. If your parent (or another relative, such as a sibling) does not believe they need a guardian, they can attend the hearing and contest the action. The Court will assign an attorney to them to represent their interests.
The Court will appoint a three-person examining committee, at least one member of which will be a doctor, to evaluate your parent’s mental capabilities. Based on their evaluation, the committee will develop a report about your parent’s mental fitness and submit it to the Court. The Court will then issue an Order determining the level of capacity of your parent, as well as a recommendation if a guardian is needed, and if so, which areas the guardian would manage. The Court may find that your parent is capable of managing their health, but needs a guardian for their finances. Alternatively, they may need a guardian to make health decisions for them while they still control their finances. In many cases, the Court may find that a guardian is needed for both medical and financial decisions.
If the Court finds that your parent needs a guardian, then they will consider the Petitions for Appointment of Guardian currently pending before the Court. If this Petition is uncontested, the Court will name you as the guardian if you are otherwise qualified to serve under Florida law. If your parent or a sibling prefers that someone else be named as the guardian, this process can take longer.
Becoming your parent’s guardian is an emotionally draining process, and expensive, if done without an experienced legal team. The compassionate and efficient attorneys at Huth, Pratt & Milhauser are here to guide you every step of the way. Contact us today so we can help you help your loved one.
Huth, Pratt & Milhauser
Huth, Pratt & Milhauser value your support and appreciate you being part of our community. Feel free to share this newsletter and if you know anyone who could benefit from our services, we would greatly appreciate an introduction.
HPM is a specialized law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate and Guardianship for planning, administration, and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide exceptional representation to our clients.
We proudly serve clients from our Boca Raton, Palm Beach County, Florida office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.
[1] National Institutes of Health. One in Seven Americans Age 71 and Older Has Some Type of Dementia, NIH-Funded Study Estimates | National Institutes of Health (NIH). Accessed March 27, 2025.
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Huth, Pratt & Milhauser, PLLC is proud to announce that attorneys Brandan J. Pratt and Zander J. Retamar secured a significant appellate victory in the Fourth District Court of Appeal of Florida. The appeal involved jurisdiction and venue issues in probate proceedings. In a fiercely contested probate matter, the firm successfully reversed a probate court’s order transferring the probate administration from Florida to New York, preserving the administration of a multi-property estate in Broward County.
In Markes v. Markes (No. 4D2024-2101), the Decedent came to the United States from Jamaica, residing in New York City for many years. He frequented Florida on vacations and amassed considerable property in the state. The Decedent had, over the years, made known that it was his intention that when he retired, he would retire in either Florida or Jamaica, the latter being his home country, and as to which he had retained citizenship. The Decedent executed documents confirming his intention to make Florida his residence. In early 2017, the Decedent was hospitalized in New York after suffering at least one stroke. In July 2017, Appellee, one of the Decedent’s children, filed a petition in New York, seeking the appointment of a guardian due to the Decedent’s incapacitation. In October 2018, the New York guardianship court appointed a guardian of the property of the Decedent. The New York guardianship proceeding concerned the Decedent’s property, not his person. The Decedent could make his own decisions regarding his residence, as the guardianship order contemplated. The Decedent remained in New York until August of 2020, living in an assisted living facility. He then moved to Jamaica and resided there until his death in May 2023.
Appellants initiated probate proceedings in Florida claiming that Florida had jurisdiction over the probate proceedings and venue was proper in Broward County. Appellants claimed that the Decedent was domiciled in Broward County when he died and that the estate’s assets included ten pieces of real property in Florida, eight of which were in Broward County. The petition for administration listed Appellants and another child as the beneficiaries, specifically noting that Appellee was intentionally disinherited by the Decedent’s 2017 will, which Appellants sought to probate. Upon receiving notice of the probate proceedings, Appellee intervened in the probate proceedings and sought to transfer the proceedings to New York. Appellee also sought to invalidate the Decedent’s 2017 will. The trial court ruled that the Decedent’s last U.S. domicile was New York and entered an order that transferred the probate to New York.
On appeal, the Fourth DCA reversed the trial court’s order, agreeing with the Appellants—represented by Mr. Pratt and Mr. Retamar. The appellate court explained that although the Decedent’s last domicile in the United States was in New York, and he had a guardianship proceeding filed there, that does not control the issue of domicile. The critical fact of domicile is the Decedent’s present intention at the time of his death, as domicile requires the present residence “with positive or presumptive proof of an intention to remain there for an unlimited time.” The Broward court’s factual findings, and even its analysis of the law, shows Jamaica was the Decedent’s domicile at the time of his death. Even if New York could assert some jurisdiction over the Decedent’s estate, Florida statutes provide that Florida courts retain jurisdiction to adjudicate the disposition of the Decedent’s property in this State. Furthermore, the Broward court erred in determining that the proceedings should be “transferred” to New York where the guardianship remains pending, but no probate proceeding has been opened. Indeed, no authority exists for a Florida court to “transfer” a proceeding to another state. The appellate court noted that it is uncertain whether “New York would assert any jurisdiction over the Decedent’s estate if he did not own property in that state and was not domiciled there when he died.”
The opinion concluded by remanding the case for further proceedings in Florida, effectively reinstating the administration of the estate in Broward County. This ruling reaffirms Florida’s jurisdictional authority in probate matters involving real property located within the state, even when the Decedent was domiciled abroad. It also underscores the importance of a firm understanding of both domicile law and probate venue statutes—an area in which Huth Pratt & Milhauser continues to demonstrate excellence. Click here for Opinion Disposition PDF.
For more information on our appellate and probate litigation services, please contact Huth, Pratt & Milhauser, PLLC at www.FloridaTrustLaw.com and (561) 392-1800.
Read More…Many people dedicate a substantial amount of their time and resources to supporting the causes that are important to them. Whether serving on the board of a foundation or coordinating a fundraising event, these individuals are passionately devoted to furthering the causes they support. Many of our clients ask us how they can create a legacy that will support their charities and causes in perpetuity.
The great news is that philanthropic giving not only supports the charity receiving the funds but also provides the donor with various tax benefits. Following are some of the strategies we advise for our clients:
Contact us today to discuss your philanthropic goals and we can develop a tailored plan to turn them into reality. Depending on the specifics of your situation, we may recommend one or several of these strategies or the development of the private foundation, a life deed estate, or other approaches.
Huth, Pratt & Milhauser
Huth, Pratt & Milhauser value your support and appreciate you being part of our community. Feel free to share this newsletter and if you know anyone who could benefit from our services, we would greatly appreciate an introduction.
HPM is a specialized law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate and Guardianship for planning, administration, and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide exceptional representation to our clients.
We proudly serve clients from our Boca Raton, Palm Beach County, Florida office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.
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