My Elderly Parent Needs a Guardian, but Won’t Sign Over Guardianship to Me.

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 […]

Victory on Appeal: Huth,Pratt & Milhauser Secures Reversal of Improper Transfer of Florida Probate Proceedings to New York in Florida’s Fourth DCA

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 […]

Creative Strategies to Charitable Planning

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:

• Charitable Remainder Trusts: This is a type of Irrevocable Trust in which the Grantor contributes a set amount to fund the Trust. Each subsequent year, the Trust pays out a percentage of its assets to the Grantor and/or another Beneficiary (which is not a charity). This annual payout continues typically for either 20 years, or the life of the Grantor or Beneficiary. At the end of the payout period, all assets remaining in the Trust are donated to the designated charity. Two advantages of Charitable Remainder Trusts are that they reduce the Grantor’s income tax liability in the year that the Trust is established, and they provide a steady stream of income to the Grantor or Beneficiary.

• Charitable Lead Trusts: This is a type of Irrevocable Trust that acts the opposite way as a Charitable Remainder Trust. In a Charitable Lead Trust, the Grantor contributes a set amount to the Trust. In future years, the Trust pays out a percentage of its assets to the designated charity. At the end of a predetermined number of years, any remaining assets in the Trust either return to the Grantor or a Beneficiary. Two benefits of Charitable Lead Trusts are that they provide the Grantor with a tax benefit the year that the Trust is established, and they reduce gift and estate taxes.

• Donor Advised Funds:  These are funds run by different types of organizations that aggregate donations from multiple donors. A donor contributes cash, stock, private company stock, crypto, or other types of assets to the fund. The assets grow in the fund over time. The donor can choose to continue contributing additional funds at a later time, or just let the initial contribution grow.  At any point after the initial fund contribution, the donor can decide to allocate a portion of the funds to a charity. The donor receives a tax donation whenever they contribute to the fund. Additionally, the fund grows tax-free, allowing the donor to contribute even more to their desired charities than a straight donation would.

• Charitable Foundations: Setting up a charitable foundation as part of an estate plan offers several advantages, including tax benefits, legacy preservation, and increased control over charitable giving. By establishing a foundation, individuals can make significant contributions to causes they care about while reducing estate taxes, as charitable donations are often tax-deductible. Additionally, a foundation allows the donor to establish a long-lasting philanthropic legacy, ensuring that their values and charitable goals are upheld for future generations. It also provides greater flexibility and control over how the funds are distributed, allowing the founder to direct support toward specific causes or organizations, ensuring their vision is maintained beyond their lifetime.

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 throughout the country and around the world from our Boca Raton, Florida office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

My Parent Died and My Sibling Refuses to Show Me the Will. What Should I Do?

When a parent dies with a Will, typically, they appoint one of their adult children as the Personal Representative to manage and close out their Estate. Based on the laws in the State of Florida, this person has numerous responsibilities, including:

• Filing the Will with the Palm Beach County Court
• Petitioning the court to admit the will to probate
• Notifying beneficiaries and creditors about various aspects of the estate administration
• Marshaling assets and filing an inventory of the Estate’s assets
• Paying creditor claims and distributing the assets to the beneficiaries
• Preparing an accounting and closing the Estate

These actions are not optional – they are legally mandated requirements that the Personal Representative must fulfill.  If your parent had a Will that named your sibling as the Personal Representative and your sibling refuses to submit the Will to the Palm Beach County Court, they are breaching their fiduciary duty. Moreover, even if your sibling is not named as the Personal Representative, but has physical custody of the Will, they are still required to file it with the Palm Beach County Court within a timely manner.   

If a sibling refuses to show you a copy or a will or to submit a will to probate, it could be an indication that of foul play.  For example, it could indicate that you were cut out of the will, that your parent’s assets were dissipated or taken before he or she died, or that changes were made so that your parent’s assets pass outside of probate through pay on death designations or jointly titled assets.     

If you believe that your parent had a Will that your sibling is refusing to submit to the Court, you need to hire a probate litigation attorney to fight for your rights. A probate litigation attorney specializes in helping family members manage the Probate process when lawsuits or other challenges are involved. They are especially helpful in emotionally-charged situations because, in addition to providing expert legal guidance, they can view the situation with a fresh lens and offer a clear-headed, outside perspective.

Your attorney will likely send a Demand letter to your sibling to produce or file the original Will. If your sibling doesn’t respond to this, your attorney will file a Motion with the Court to compel your sibling to file the Will to the Probate Court. If they still refuse, they may be held in contempt of Court. Depending on the specifics of the situation, your attorney may also file a Petition to Admit a Lost or Destroyed Will to Probate, Petition for Intestate Administration, and Petition to have your sibling removed as the Personal Representative of the Estate and have you replace them.

Probate litigation cases can be time-consuming and complex. In many cases, the legal costs can be paid by the Estate or by the sibling that refused to produce the Will. Huth, Pratt and Milhauser is one of South Florida’s preeminent probate litigation firms. We offer a free initial consultation to evaluate your situation and advise you if you have a legal case. If you have a sibling who is refusing to produce your deceased parent’s Will, call us today to learn how we can help you.

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’d 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 throughout the country and around the world from our Boca Raton, Florida office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

My Child Just Turned 18. Do They Need Estate Planning Documents?

Congratulations, Parents – you did it! After nearly two decades of sweat, and tears, your hard work has paid off and your baby is officially an adult. Like many newly minted adults, they are excited about the idea of voting or buying a lottery ticket. One of the less exciting, but crucially important, parts of your child turning 18 is ensuring that they are protected in the event of a tragedy.

For the first 17 years of your child’s life, you made all of their medical decisions. If they were sick or injured, you chose their doctors, you discussed treatment options, and you had access to their medical information. Once your child turns eighteen, you lose all access to their medical records and the ability to make healthcare decisions on their behalf, even in case of emergency.

If your child is severely injured in a car accident, boating accident, or other catastrophe, a hospital or treating physician would be unable to give you information about your child’s condition or treatment options. Additionally, your child’s treating physician would be the one who makes all medical decisions for them, until you, or another adult, petitions the Florida Courts to become your child’s legal guardian. This can be a stressful, expensive, and time-consuming process, which will only create more anxiety in an already high-stress situation.

To prevent this, your child should meet with a Florida estate planning attorney to complete several documents as soon as they turn 18. These include:

• A Health Care Surrogate Designation. This document allows your child to name you (or any other adult they choose) to make healthcare decisions on their behalf if they are unable to make healthcare decisions for themselves, like treatment options.

• A HIPAA Authorization. HIPAA laws require that a patient provides written consent to allow another individual to access their medical records, including their parents once they turn 18. A HIPAA Authorization grants you, or any other adults they choose, to access their medical records, and allow a hospital to provide you with updates on your child’s medical condition if they are injured.

• A Durable Power of Attorney. This is a document that allows you to access your child’s banking and legal information. It allows you to pay your child’s bills, their rent, and access contracts they have signed if they are incapable of doing so themselves, whether by reason of travelling or illness.

•  A Living Will. Another useful document to consider for your adult child is a Living Will where your child lists the situations in which they would like to be resuscitated vs when they would want their life support to be removed. If your child has strong feelings about making their own end-of-life decisions, this could be a good document to have as well.

Turning 18 is an important life milestone. The attorneys at Huth, Pratt & Milhauser are here to help your child start their adult life with the legal safeguards they need in case a tragedy strikes. Call us today to learn how we can help protect your family.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

New Attorney Announcement

We are proud to announce two new attorneys that have joined Huth, Pratt and Milhauser in Boca Raton, FL as of counsel – Michael W. Kirshon, J.D., LL.M and Jennifer Gomez, Esq.

Michael W. Kirshon, J.D., LL.M. practices in the areas of estate planning and asset protection. Prior to joining the firm, he was a Law Clerk to two New York State Justices of the State Supreme Court and later became a partner in a law firm in New York. Upon relocating to Florida, he joined a boutique law firm, became a partner and in-house counsel for a national sports agency, and thereafter practiced as a sole practitioner for twenty-two years.

Mr. Kirshon earned his LL.M. in Estate Planning at the University of Miami School of Law.

Jennifer Gomez, Esq. is new to the firm and has a strong background in estate planning. Jennifer brings expertise in wills, trusts, tax planning, asset protection, and business succession. Her dedication to helping clients safeguard their futures aligns with our mission to provide the highest level of legal representation with compassion and care. Jennifer is also deeply committed to her community, serving on several nonprofit boards for organizations such as Tomorrow’s Rainbow and Community Greening.

Ms. Gomez is a graduate of the University of Florida (cum laude) and Nova Southeastern University Shepard Broad College of Law.

Jennifer shares, “I am honored to join Huth, Pratt, and Millhauser, a firm known for its exceptional client service in a boutique environment. I look forward to contributing to a team that values both technical expertise and attentive service in everything we do for our clients.”

We are confident that Jennifer’s skills and values will be a perfect fit as we continue to provide proactive, efficient, and results-driven legal services.

SUPER LAWYERS 2025: Alexander J. Retamar (Zander)

We are proud to announce that Alexander J. Retamar (Zander) has been rated in 2025 by Super Lawyers on the Florida Rising Stars list. This is an honor reserved for those lawyers who exhibit excellence in practice. Only 2.5% of attorneys in Florida receive this distinction.

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.

HPM Wins Trust Dispute Judgment of Over $1million in Palm Beach County Court: Judge Finds Trustee Breached Her Fiduciary Duty and Awards Assets to Son in Complex Trust Litigation Dispute

Three attorneys from Huth, Pratt & Milhauser Law Firm in Boca Raton, FL: Brandan J. Pratt, Zander J. Retamar, and Michael W. Kirshon successfully obtained a million-dollar judgment in a trust dispute between a son and daughter involving allegations of breach of trust and breach of fiduciary duty. The parents of the son and daughter had established separate trusts during their lifetime. The father died and the mother was serving as sole trustee of both trusts. Then, the daughter took control of both trusts as sole trustee. The mother was the sole beneficiary of her lifetime, with the son and daughter as residuary beneficiaries.

After two days of trial, the presiding Judge found in favor of the son. The evidence presented at trial demonstrated that when the daughter started serving as trustee, each trust consisted of approximately 1 million dollars – mainly Oil & Gas stocks. The mother was in assisted living and the dividends from the large amount of Oil & Gas stocks maintained her customary standard of living. At trial, testimony was presented from the financial advisor that reflected that the daughter made significant cash transfers to her son directly from the trusts. Aside from cash transfers, the daughter took out a margin loan against the Oil & Gas stocks in order to fund her son’s business venture. The evidence and testimony suggested that none of the funds from the margin loan were utilized for the benefit of the mother. In addition, the trial court found that the daughter was frequently utilizing trust assets deposited to a joint account to pay for her personal expenses. Later, the decrease in oil prices forced a margin call of the Oil & Gas stocks and the entirety of the remaining stock was forced to be liquidated. Later, there were no assets left in the trusts. The son successfully argued that the transfers made by the daughter as trustee presented an inherent conflict of interest, constituted a serious breach of fiduciary duty to the mother, and had the stock not been liquidated due to the margin call, the son would have inherited significant assets under the Trust agreement. The trial court agreed and awarded the son a total of $1.15 Million in damages.

HPM Wins Unique Will Contest Case! Miami-Dade County Trial Court Denies Grandson’s Request to Admit a Lost or Destroyed Will and Required the Estate Be Administered Intestate

Two attorneys from Huth, Pratt & Milhauser in Boca Raton, FL: Brandan J. Pratt and Zander J. Retamar, representing the daughter of the Decedent, successfully challenged the request for admission of a copy of a Miami-Dade Decedent’s Last Will and Testament in a volatile family dispute involving competing Petitions for Administration of the Decedent’s estate. The Decedent had three children – two sons and one daughter. The Decedent’s grandson filed a Petition for Administration, and a copy of the Decedent’s Last Will and Testament (“Will”) which was executed in 2006. The Will named the Decedent’s grandson and granddaughter as the sole beneficiaries of the Decedent’s estate – effectively cutting out the Decedent’s children, and other grandchildren. The daughter of the Decedent objected to the Petition for Administration and filed a Counter-Petition for Administration seeking to have the Decedent’s estate administered pursuant to the laws of intestacy – effectively splitting the estate into equal shares between the Decedent’s three children.

After a contentious hearing, the presiding Judge found in favor of the Decedent’s daughter. The Judge found the Decedent’s daughter to be very credible, and the evidence submitted by the Decedent’s daughter at trial suggested that the Decedent intended to revoke his Will prior to his death, and the Decedent’s estate should be administered pursuant to the laws of intestacy. As a result, Huth, Pratt, & Milhauser was able to secure the Decedent’s daughter a one-third (1/3) interest in the Decedent’s estate instead of Zero!

How Can I Remove a Personal Representative?

When a loved one living in South Florida creates an Estate Plan, they name a Personal Representative who will manage and close the Estate after their death. Typically, the Personal Representative takes their responsibility very seriously and fulfills all their fiduciary and legal obligations. Unfortunately, there are situations when some Personal Representatives do not do this. If you are in a situation in which you believe a Palm Beach County or Florida-based Personal Representative is not fulfilling their obligations, you may be wondering what you can do about it.

If you are a beneficiary or heir of the decedent, you can seek the removal of the Personal Representative named in the decedent’s Estate Planning documents and request the appointment of a new one. Florida’s laws list specific reasons that are grounds for the removal of a Personal Representative. These include if the Personal Representative:

• Was not qualified at the time they were appointed to the position.
• Has a mental or physical condition that makes them incapable of serving, or the Court has determined that they have an incapacity to serve.
• Has failed to comply with Court orders.
• Maladministered the Estate, wasted its assets, or not accounted properly for the sale of any assets.
• Failed to “give bond or security for any purpose”.
• Was convicted of a felony.
• Had a conflict of interest with the Estate.
• No longer lives in Florida (if this was a condition of their original appointment to the role).[1]

Additionally, if the Will that named this individual as the Personal Representative is revoked, their appointment to this role is also revoked.[2]

The first step in removing a Personal Representative is contacting a law firm that has attorneys who specialize in probate litigation, like Huth, Pratt & Milhauser. Your attorney will file a Petition with the Court to request the removal of the Personal Representative. The Petition will include the reason for the removal and evidence supporting it. Once the Petition is filed, your attorney will inform all interested parties (heirs, beneficiaries, the Personal Representative, creditors, etc.) about the Petition. The Personal Representative will likely contact a probate litigation attorney of their own. Their attorney and your attorney will try to negotiate an agreement without going to Court. If the negotiation does not produce an acceptable result, your attorney will argue your case in Court and the Judge will determine if the Personal Representative should be removed. If they are removed, the Court will appoint a new Personal Representative or Curator and the existing Personal Representative will submit a final accounting of the Estate. Depending on the reason why the original Personal Representative was removed, they may face criminal charges as well.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas include planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt & Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida 33431

Phone: 561-392-1800

hpmlawyers.com

[1] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

[2] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

Suspension of CTA Compliance

On December 3, 2024, the US District Court for the Eastern District of Texas entered a nationwide preliminary injunction suspending enforcement of the Corporate Transparency Act (CTA) and its implementing regulations. 

It is important to note that this is only a preliminary injunction and the court has not made a final determination that the CTA is unconstitutional. 

What does this mean for you?

If you have already filed your BOI report, there is nothing further you need to do. Until further notice you will not be required to file updated reports if there are changes to the information regarding the beneficial owners. 

If you have not yet filed your BOI report, you may suspend your compliance efforts until further guidance comes from the courts or from FinCEN. It is likely that the government will appeal this decision.  

Although we will continue to monitor further developments regarding CTA compliance, we recommend that you do the same. 

The case is  Texas Top Cop Shop, Inc. v. Garland, Case No. 4:24-cv-00478.  If you would like to review the court order, you can find it here:

CLICK HERE TO REVIEW COURT ORDER

Estate Planning for Blended Families: Navigating Complexities and Protecting Your Legacy

While blended families were an anomaly in past generations, today, they are commonplace. Even for those lucky South Florida families who blend together as seamlessly as the Brady Bunch, careful estate planning is essential to ensure that both your current spouse, and your biological children, receive the inheritance that you intended for them. Without a carefully crafted estate plan, your assets may ultimately be divided according to Florida’s intestacy laws. This may result in unintended beneficiaries of your assets.

For a blended family, if you create a Will that leaves all your assets to your spouse, some or all of your biological children could wind up being unintentionally disinherited. In fact, if you predecease your spouse and the spouse remarries, the new spouse could end up inheriting your assets instead of your biological children. You should also consider if you want to leave any assets to your stepchildren, who would otherwise end up unintentionally disinherited. Legally, there is no obligation to do so, but many families choose to include their stepchildren in their estate planning if they have a close relationship with them.

To help ensure your assets are distributed according to your wishes, keep the following tips in mind:

• Establishing a Trust allows you to control exactly who receives how much of your assets, and the timeline for distribution. Utilizing a Trust can be the most effective way to provide for your spouse for the remainder of his or her lifetime, while ensuring your biological children receive their fair share of your assets as well.  This is usually set up as a Revocable Trust that you fund and control during your lifetime, and turns into an Irrevocable Trust upon your passing.

• Ensure your beneficiary designations are up-to-date on all of your investments and life insurance policies. The beneficiary designations on these documents supersede the instructions in your Will or Trust, so it’s essential that they remain current.

• Both you, and your spouse, should communicate about your estate planning intentions with one another. If you have adult children, you may want to let them know as well. This can help prevent Will or Trust challenges, which are costly and delay distribution of your assets to your loved ones.

• Estate planning for blended families is complex. Using online “DIY” estate planning materials can lead to costly and time-consuming headaches for your family. A law firm that specializes in Estate Planning, such as Huth, Pratt & Milhauser, can explain all of your legal options to ensure your assets are distributed according to your wishes.

If you are part of a blended family in Boca Raton, or anywhere in South Florida, contact Huth, Pratt & Milhauser to learn how to best set up your estate plan to distribute your assets according to your wishes.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Avoid Penalties for Violating BOI Reporting Requirements

As part of our commitment to keeping you informed about critical developments in the legal landscape, we want to highlight an important upcoming requirement that affects your business entity: Beneficial Ownership Information (BOI) reporting.

What is BOI Reporting?

Under the Corporate Transparency Act (CTA), virtually EVERY business entity will soon be required to disclose information about their beneficial owners to the Financial Crimes Enforcement Network (FinCEN). This initiative aims to increase transparency and help combat financial crimes. There are very steep financial penalties for not complying.

Key Points to Consider:

• Who Needs to Report? Most domestic and foreign entities registered to do business in the U.S. will need to comply, though certain limited exemptions apply.
• What Information is Required? Companies must report the names, dates of birth, addresses, and identification numbers of their beneficial owners.
• Reporting Deadlines: If your entity was first filed before January 1, 2024, the deadline to file the initial BOI report is January 1, 2025. Further, companies must file updated or corrected BOI reports within 30 days of any changes to their company information or beneficial owners.

How We Can Help

We understand that navigating these requirements can be complex and time-consuming. That’s why we’re here to assist you. In the coming weeks, if you have an entity that you established with us, you will receive an email from us detailing our services to help you manage your BOI reporting obligations efficiently.

Our team of experienced professionals is ready to guide you through the reporting process, ensuring compliance while allowing you to focus on your business operations.

If you have any immediate questions or concerns, please don’t hesitate to reach out to us. We’re here to support you every step of the way.

Thank you for your continued trust in our services.

Florida Pet Trusts

Your pet is always there for you. They cheer you up when you’re sad. They celebrate with you when you’re happy. And they never talk back or give you attitude. For many people, a pet is another family member – just with fur. If this sounds like your relationship with your pet, you may want to establish a Pet Trust to ensure your pet is well-cared for if you become incapacitated during your lifetime, or after your death. 

A Pet Trust works the same way as a Revocable Living Trust, with a Trustee (or Trustees) and Beneficiary. The Trustee is a person who oversees the Trust administration. The Beneficiary is the pet’s caregiver. It’s generally best for the Trustee and the Beneficiary to be separate people to minimize the chances of self-dealing or other types of fraud. However, under certain circumstances, it may make sense to make the Trustee and Beneficiary the same person. Before your attorney establishes the Trust, it’s important to have a conversation with the proposed Beneficiary to make sure they feel comfortable taking on the responsibilities of caring for your pet. Similarly, being a Trustee is time-consuming and you will want to be sure that person has time to take on additional responsibilities as well. You may also consider listing back-up Trustees and caregivers in case something happens to your first choice, and they are no longer able to care for your pet.

If you have multiple pets, you can designate amounts placed in trust for each of your respective pets. These amounts can be uniform for each pet, or different based upon a specific pet’s needs. Your Pet Trust will exist until the last of your pets passes away. It should name all of the pets that you would like to include. It should also provide very specific care instructions for each pet to ensure that they are taken care of according to your wishes. This can include listing their favorite foods, favorite activities, where they should live (such as your first choice of boarding stable for horses or other large animals), what kind of toys they like, grooming needs, your first choice of veterinarian and animal hospital, etc. The terms you place in your Pet Trust are a guiding tool for your pet’s caregiver during their lifetime. You can also include provisions relating to whether your pet should be buried or cremated after their death.

You will need to fund the Pet Trust. To do so, you will need to determine the costs for the pet’s upkeep for the remainder of their expected life. This can include food, toys, veterinary care, medicine, grooming, housing, pet insurance, and burial or cremation expenses. While not required, many people provide a stipend to the caregiver and Trustee to thank them for their work in caring for your pet. You will also need to leave instructions about how any remaining funds should be distributed after your pet’s death.

Creating a Pet Trust can provide you with the peace of mind that your pet will have a loving caregiver and similar standard of living to what they have become accustomed. The attorneys at Huth, Pratt & Milhauser understand the special bond that you have with your pet and can create a legally-binding Pet Trust to protect your fur babies. Call us today to schedule an appointment and learn more.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt & Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida 33431

Phone: 561-392-1800

floridatrustlaw.com

Can I Challenge the Validity of a Trust?

Just like you can challenge the validity of a Will if you believe it is invalid, you can also challenge the validity of a loved one’s Trust.

To contest a Trust, you must have “standing”. Standing is a legal term that means you are a Trust Beneficiary, an Heir of the Grantor who was excluded from the Trust, a Trustee, or you were mentioned in a prior version of the Trust but excluded from the most recent one.

Similar to a Will, the main reasons you can contest the validity of a Trust include:

• Lack of Mental Capacity: You can argue that the Grantor did not have their full mental faculties when they set up the Trust and did not understand what they were doing. To win a case like this, you typically will need the Grantor’s medical records to prove that the Grantor suffered from a form of dementia or was taking prescription medication that made them lose their capability for rational thought.

• Undue Influence: This occurs when someone, often a family member or caregiver that the Grantor relied upon, coerced the Grantor to set up a Trust to benefit them, rather than the people who would typically expect to be named as Beneficiaries of the Trust. This is one of the most common types of Trust challenges that we see. To win a case with this claim, you will need to prove that 1) the influencer held a position of trust with or power over the Grantor, 2) the influencer financially benefited from the current Trust, and 3) the influencer worked to actively procure the new Trust document, such as setting up appointments with the attorney, being present at the signing of the Trust, or keeping a copy of the executed Trust agreement.

• Fraud: This occurs when the Grantor did not know they were signing a Trust agreement because they thought they were signing something else.

• Improper Execution: For a Trust agreement to be legally valid, it needs to be in writing, signed, witnessed, dated, list a beneficiary, and list a Trustee who is not the sole beneficiary. If any of these steps are missing, you can argue that the Trust is invalid. If the Trust documents were written by an attorney, it is rarely the case that they would be improperly executed. This is more likely to occur if the Grantor used an online DIY program to create the Trust.

Trust challenges are difficult and can take several years. The first step is to contact an experienced estate law firm in Florida, such as Huth, Pratt & Milhauser. We will analyze the details of your case. If you have a valid challenge, we will start the process by filing a complaint with the Court and walk you through all the steps we will take. Alternatively, if you are a Trustee of a Trust that is being challenged and need legal representation, call us to learn more about how we can help you.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt & Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida 33431

Phone: 561-392-1800

Digital Estate Planning

When it comes to estate planning, many people focus on their financial and physical assets – investments, homes, cars, etc. In the 21^st century, another area that needs your attention to formulate an all-inclusive estate plan is your digital assets. Digital assets include anything that you own online, such as your email accounts, social media accounts, photo sharing or storage accounts, cryptocurrency keys, apps on your mobile phone or tablet, domains, blogs or vlogs, gaming accounts, and any other online accounts or digital intellectual property that you own.

In 2016, the Florida legislature passed the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA) which grants the Personal Representative of an Estate access to a decedent’s digital assets if this wish is explicitly noted in the decedent’s Will. The Will supersedes the online provider’s Terms of Service for how the company manages the death of a user. This facilitates the decedent’s heirs and beneficiaries gaining access to their online assets, which otherwise may be inaccessible. To ensure your beneficiaries are able to gain access to your digital assets, it’s important that you consult with an Estate Planning attorney to certify that your Estate Planning documents meet the RUFADAA requirements. Additionally, if your digital assets have a significant financial value, such as a blog or vlog site with a large number of subscribers, you will want to work with an Estate Planning attorney to make sure that you have a formal plan for the future management of that business or how you want to see it be closed down.

Making sure your Will meets the RUFADAA requirements is an important start to protecting your digital assets for your beneficiaries. However, incorporating digital asset language alone may not be enough. Most of us have dozens of online accounts, from email accounts, to shopping accounts, to all the apps on our phones. From a practical perspective, it’s unlikely that your Personal Representative will know all of the accounts that you have and how to access them. To help them with this process, take inventory. Create an extensive list of all your digital assets including usernames and passwords. This may be a lengthy process but it is the only way your Personal Representative will know what your assets are and how to properly access them. You should also note if there are recurring fees associated with each account to make sure your Estate does not incur additional charges for them. To make sure that the passwords in your account list stay current, you can either update the list when you change your passwords or keep all of your passwords saved in a password manager app so you only need to keep that password updated.  

If you want to ensure that your Estate Planning documents include provisions for your digital assets, contact Huth, Pratt & Milhauser. We are digitally-savvy Estate Planning attorneys that can review your existing Estate Planning documents and update them if needed, or, if you have not yet developed an Estate Plan, we can create a customized plan that will protect your physical, financial, and digital assets for your beneficiaries.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt & Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida 33431

Phone: 561-392-1800

floridatrustlaw.com

Common Estate Planning Mistakes

Estate planning is an essential step to ensure that your assets are distributed according to your final wishes. If an Estate plan is not properly established and updated, your Estate may have to pay high taxes unnecessarily and your beneficiaries may not receive the assets that you intended for them. To minimize the risk of this happening, avoid these three common Estate planning mistakes:

Mistake: Not naming beneficiaries or not keeping them updated on your financial accounts.

Keep your beneficiary designations up-to-date on all your financial documents, such as your 401K, brokerage accounts, bank accounts, life insurance policies, etc. Many times, individuals never fill in a beneficiary, thinking they will do so later, but then forget to do so. Additionally, if you have experienced a major life milestone, such as the birth or death of a child or grandchild, marriage, or divorce, you may want to revise your beneficiary designations based on your current life circumstances. These beneficiary designations supersede the instructions in your Will or Trust, so it’s essential that they reflect your wishes.

Mistake: Naming an adult child as a joint owner of your financial accounts.

Don’t name an adult child as a joint owner of a financial account. Many individuals do this in an effort to avoid the probate process. While this will enable those assets to avoid probate, it opens up a Pandora’s box of other problems. Consider the following scenarios:

• If you name a child as a joint owner of your accounts and that child divorces their spouse, the bank account that they jointly own with you can become marital property and end up in the hands of your child’s ex-spouse.
• If you name one child as a joint owner of your accounts with the assumption that they will share the assets in that account with their siblings, there is no mechanism to enforce that. If the named child decides to keep the assets for themselves, they legally can do so.  Further, there would be gift tax consequences for the child that transfers the assets to his or her siblings.

Mistake: Using low-cost online Estate planning materials to draft your Estate Plans.

Online materials are inexpensive but they’re often ineffective. These are pre-written documents that allow you to “fill in the blanks” in a few areas, but for the most part, treat everyone’s life situation the same. In contrast, working with an attorney to properly write and execute Estate planning documents that are customized to your financial and familial situation can help your beneficiaries minimize the likelihood of a Will contest, probate litigation, or having to pay high taxes. Professionally-drafted Estate planning materials may cost more up front, but will ultimately pay for themselves when your beneficiaries can easily access your assets with minimal taxes and hassles.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Do I Need a Probate Litigation Attorney?

A probate litigation attorney is different from a probate attorney. A probate attorney works with a decedent’s personal representative to help the family manage the process of legally distributing the assets of a deceased loved one according to their Will. If the decedent had no Will or Estate Plan, the probate attorney will work with the family and the Court to manage the intestacy process (the process that occurs if a person dies without a Will). If all goes according to plan, you will never need a probate litigation attorney. But life does not always work out so nicely. If there are any disputes during the Estate Administration process that require filing a lawsuit, you need to contact a probate litigation attorney.

Some of the more common reasons why you might hire a probate litigation attorney are:

• To contest a Will if you believe you have been unjustly disinherited or if the asset distribution is substantially different from what you had expected.
• To challenge a Will if you believe the decedent was under undue influence.
• To remove someone as a Personal Representative of the Estate if you feel they have been self-dealing, breaching fiduciary duties, or making improper decisions.

Additionally, if you are a Personal Representative for an Estate and have been accused of shirking your responsibilities, you will need a probate litigation attorney to defend you against the charges.

If you believe that the Estate Administration experience that your family is undergoing falls into one of the categories listed above, or if you have other concerns about your loved one’s Estate Administration, the first step is to contact an attorney experienced in probate litigation, like the experts at Huth, Pratt & Milhauser. The attorney will meet with you to understand the details of your situation and provide an initial perspective on if you have a legal case. If they feel you have a case, they will further analyze the case’s evidence. This may include reviewing the Estate documents, financial or accounting documents, and the decedent’s medical records, as well as interviewing witnesses. They may also need to involve other experts, such as accountants, forensic accountants (accountants who specializes in financial crimes), and medical experts.

Probate litigation lawsuits are extremely complicated and can take years to resolve. You will want to work with an attorney who is knowledgeable with litigating cases similar to yours. You also want to find out who will be the primary attorney handling your case – will it be a newer, junior attorney or an experienced senior attorney? Working with a smaller, boutique firm typically provides clients with greater access to the more experienced attorneys.

Managing the emotional turmoil of a loved one’s passing is hard. Sorting through the legal issues involved with a probate dispute makes an already difficult situation exponentially harder. If you believe that you may have a need for a probate litigation attorney, contact Huth, Pratt & Milhauser for a consultation on your case.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton office. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

My Child Has Special Needs. How Does This Impact My Estate Planning?

Supporting a child with special needs can create a financial predicament for a family. Unlike the costs of raising a typical child, the expenses for a child with special needs don’t end at 18; they can continue for the rest of the child’s life. Many families rely on Social Security or Medicaid to cover some of the costs associated with caring for their child. However, eligibility for these programs is contingent on the child owning few to no assets. Many parents want to leave their child a portion of their assets in their Estate Plan, but, they fear that their child may lose access to government benefits if they do so. Fortunately, there is a way to resolve this dilemma – the Special Needs Trust.

A Special Needs Trust is a Trust that is established through your Estate documents (or could be established during your lifetime) that holds assets for the individual with special needs but still allows them to receive government benefits. The Trust is irrevocable, meaning that once you set it up, you can’t change your mind and take out the assets used to fund it. You will need to name a Trustee to manage the Trust on behalf of the beneficiary (the child with special needs). The child must be the sole beneficiary of the Trust.

The Trust can be used to pay expenses that the child incurs that do not infringe on their ability to receive government benefits. The Trust cannot be used to give the child cash or gift cards because this would reduce the amount of government benefits they receive. Similarly, the Trust is prohibited from paying for food and shelter items that are covered by the benefits. These include:

• Rent or mortgage payments
• Property taxes
• Utility bills, such as water, gas, electricity, sewer, garbage collection
• Home insurance or HOA dues
• Food – including both groceries and restaurant meals

Other than the items listed above, the Trust can pay for any other items for the child. Some examples could include:

• Medical care above what Medicaid pays
• Tuition and schooling
• Transportation
• Clothing
• A home for the child (provided that the home is titled in the Trust’s name and not the child’s)
• Electronics and internet service
• Travel and entertainment

The Trust should pay all expenses directly. If funds are given to the beneficiary to pay for expenses, they may be construed as income and make the beneficiary ineligible for government benefits or may reduce their benefits.

Special Needs Trusts are an important tool to help care for your child financially for the remainder of their life. Working with an attorney who is highly experienced in creating and overseeing the administration of this type of Trust is essential in preventing the loss of government benefits. If you want to protect the financial future of your child with special needs, contact Huth, Pratt, and Milhauser to learn more.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Estate Planning If You Have an Estranged Child

When your children are young, you envision continuing to be a part of their life as they grow up – spending holidays together, visiting one another, and cultivating special relationships with their children (your grandchildren). The reality is not always that idyllic. Whether due to disagreements, substance abuse, a controlling spouse, or many other potential reasons, sometimes grown children estrange themselves from their families. If this has happened to you, in addition to the emotional pain you are going through, there is also the logistical problem of how to address the estranged child in your Estate Plan. Should you give them an equal share as the rest of your children? Should you disinherit them? Should you hold off on creating Estate Planning documents until you are on better terms?

It might be tempting to avoid the whole situation by postponing creating your Estate Plan, but this would be a mistake. If you lack an Estate Plan at the time of your death, your Estate will likely go into the Probate process, which is time-consuming and can be very costly for your Heirs. Additionally, the State will distribute your assets based on Florida’s laws of intestacy, which may be very different from how you would like to distribute them. For example, under the laws of intestacy, your estranged child would be entitled to an equal share. It’s best to develop an Estate Plan sooner rather than later and modify it in the future if needed.

When creating the plan, you will need to decide if you want to:

• Divide your assets equally among all your children (including the estranged child)
• Give the estranged child less than other heirs
• Disinherit the estranged child. If you disinherit them entirely, do you want to disinherit their children (your grandchildren) as well?

If you choose to disinherit the child completely, it’s important to acknowledge this in your Estate Planning documents rather than just not mentioning the child.  It is almost never advisable to leave the estranged child One Dollar or other token amount.  By leaving the child One Dollar, you are giving that child standing as a beneficiary.  Beneficiaries are entitled to information about the estate and/or trust.  These steps can help minimize the risk that the estranged child could successfully contest the Estate Plan and gain access to your assets. Your Estate Plan should also specify if the estranged child’s children should receive any assets or if you are disinheriting them as well.

An option instead of a full disinheritance is leaving the estranged child some assets, but less than you are leaving your other Heirs. This approach can make it less likely that the child will contest the Estate Plan than if you completely disinherit them. Similar to disinheriting the child, though, you may want to specifically reference that you are doing it intentionally to make it more difficult to contest.

Based on the specifics of why your child has estranged themselves from you, your attorney will craft a customized Estate Plan to meet the needs of your family. Huth, Pratt, and Milhauser have created Estate Planning documents for thousands of families in South Florida. Contact us to learn how we can help you.

What Happens if a Will is Invalidated?

After a loved one dies, their Personal Representative submits a copy of the Decedent’s Will to the county Probate Court. After this happens, the Decedent’s spouse, children, or beneficiaries have three months to contest the Will if they believe either the whole Will or parts of it are invalid. While proving a Will invalid is difficult, it can be done. There are four options for proving that a Will is invalid:

• Technical grounds: For a Will to be legally valid, it must be signed by the Decedent and two witnesses. If the Will was never signed by one of these three required people, that could invalidate the Will. While it is possible to claim that one of the signatures was forged, that argument is difficult to win since there are two eyewitnesses required for the signing and often a notary as well.
• Undue influence: A scenario when this approach may occur is if the Decedent wrote or revised a Will to leave a significantly larger than expected share of their Estate to a caretaker who may or may not be related to the Decedent.
• Fraud: This could include someone misleading the Decedent about the contents of the Will, or even leading the Decedent to believe they were signing a document other than a Will.
• Lack of mental capacity: The Decedent must have had the mental capacity to understand what they were signing when they signed the Will. This could become problematic if the Decedent had Alzheimer’s or another form of dementia when they signed or revised their Will and may lead to a Will being invalidated.

Based on the argument and evidence presented for contesting the Will, a Judge could decide that the Will is completely invalid, partially valid, or completely valid. If the Will is completely valid, the assets will be distributed following the Decedent’s wishes, as noted in the Will. If the Will is partially valid, the assets mentioned in the parts of the Will that are still valid will be distributed as noted in the Will. If the Judge finds the Will to be completely invalid, then the assets will not be distributed as detailed in the Will. In the last two cases, if the Decedent had a previous version of the Will that is valid, the Judge may choose to distribute the assets based on the Decedent’s prior Will. If there is no prior valid Will, then the Judge will distribute the assets following Florida’s laws of intestacy.

If you are thinking about contesting a Will or are a Personal Representative of an Estate whose Will is being contested, contact Huth, Pratt & Milhauser. Our estate planning and probate litigation experts can guide you through this difficult process and, if necessary, fight for your rights in Court. Similarly, if you are contemplating writing or revising a Will, call us first so we can help to minimize the likelihood of your Will being invalidated.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

My Parent is Incapacitated. Can I Get Power of Attorney for Their Medical Care?

Your parents raised you and took care of you when you needed them. Now, the tables have turned; they need you to care for them. This role reversal is difficult for everyone involved. In a perfect world, your parents would have created a Designation of Healthcare Surrogate and Advance Directive to plan for this situation, however, that often does not happen. If your parent is in deteriorating health and does not already have estate documents in place, what can you do now?

The principal of a Designation of Healthcare Surrogate document (the person who is naming someone else to make their healthcare decisions for them) must be mentally capable of making their own decisions to name someone as their surrogate. If someone is incapacitated and no longer capable of naming someone else to do this, then they cannot grant you authority over their medical care. In this situation, you would need to petition the Court to grant you a guardianship over their care.

To start the guardianship process, your attorney will file two petitions with the Court. The first petition is for the Court to determine that your parent is incapacitated. An examining committee, that includes a doctor, will need to meet with your parent and establish this. The initial petition could be disputed by your parent or another family member who does not believe that they are incapacitated. Any disputes can lengthen the legal process and add another layer of complexity.  If the Court finds that the parent is incapacitated, the second petition is for the Court to name you (or someone else) as the guardian over the incapacitated person. The Court could award you full, partial, permanent, or temporary guardianship over your parent. Similar to the first petition, this petition could also be disputed by another family member who wants someone else to be named as guardian. That individual could file a counter-petition with the Court and seek to be named as the guardian. In this situation, the Court may require that both parties go through mediation before it names a guardian.

Once you secure guardianship of your parent, you will be able to make healthcare decisions on their behalf, pay their bills, and manage their assets. You can have the peace of mind knowing that your parent will receive the best of care. The primary downsides to guardianships are that they can be time-consuming, involve the Court, and are costly to establish. A guardian also has ongoing fiduciary duties that require them, amongst others, to provide an annual accounting to the Court.

If you are seeking to obtain a guardianship over your parent or loved one, contact Huth, Pratt & Milhauser. We specialize in estate planning and can guide you through this process as well as ensure that you remain in compliance with the Court’s fiduciary requirements for guardians.

Huth, Pratt a& Milhauser

Huth, Pratt& Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt & Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida 33431

Phone: 561-392-1800

hpmlawyers.com

How Can I Remove a Personal Representative?

When a loved one living in South Florida creates an Estate Plan, they name a Personal Representative who will manage and close the Estate after their death. Typically, the Personal Representative takes their responsibility very seriously and fulfills all their fiduciary and legal obligations. Unfortunately, there are situations when some Personal Representatives do not do this. If you are in a situation in which you believe a Palm Beach County or Florida-based Personal Representative is not fulfilling their obligations, you may be wondering what you can do about it.

If you are a beneficiary or heir of the decedent, you can seek the removal of the Personal Representative named in the decedent’s Estate Planning documents and request the appointment of a new one. Florida’s laws list specific reasons that are grounds for the removal of a Personal Representative. These include if the Personal Representative:

• Was not qualified at the time they were appointed to the position.
• Has a mental or physical condition that makes them incapable of serving, or the Court has determined that they have an incapacity to serve.
• Has failed to comply with Court orders.
• Maladministered the Estate, wasted its assets, or not accounted properly for the sale of any assets.
• Failed to “give bond or security for any purpose”.
• Was convicted of a felony.
• Had a conflict of interest with the Estate.
• No longer lives in Florida (if this was a condition of their original appointment to the role).[1]

Additionally, if the Will that named this individual as the Personal Representative is revoked, their appointment to this role is also revoked.[2]

The first step in removing a Personal Representative is contacting a law firm that has attorneys who specialize in probate litigation, like Huth, Pratt & Milhauser. Your attorney will file a Petition with the Court to request the removal of the Personal Representative. The Petition will include the reason for the removal and evidence supporting it. Once the Petition is filed, your attorney will inform all interested parties (heirs, beneficiaries, the Personal Representative, creditors, etc.) about the Petition. The Personal Representative will likely contact a probate litigation attorney of their own. Their attorney and your attorney will try to negotiate an agreement without going to Court. If the negotiation does not produce an acceptable result, your attorney will argue your case in Court and the Judge will determine if the Personal Representative should be removed. If they are removed, the Court will appoint a new Personal Representative or Curator and the existing Personal Representative will submit a final accounting of the Estate. Depending on the reason why the original Personal Representative was removed, they may face criminal charges as well.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas include planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

[1] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

[2] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

How Can I Remove a Personal Representative?

When a loved one living in South Florida creates an Estate Plan, they name a Personal Representative who will manage and close the Estate after their death. Typically, the Personal Representative takes their responsibility very seriously and fulfills all their fiduciary and legal obligations. Unfortunately, there are situations when some Personal Representatives do not do this. If you are in a situation in which you believe a Palm Beach County or Florida-based Personal Representative is not fulfilling their obligations, you may be wondering what you can do about it.

If you are a beneficiary or heir of the decedent, you can seek the removal of the Personal Representative named in the decedent’s Estate Planning documents and request the appointment of a new one. Florida’s laws list specific reasons that are grounds for the removal of a Personal Representative. These include if the Personal Representative:

• Was not qualified at the time they were appointed to the position.
• Has a mental or physical condition that makes them incapable of serving, or the Court has determined that they have an incapacity to serve.
• Has failed to comply with Court orders.
• Maladministered the Estate, wasted its assets, or not accounted properly for the sale of any assets.
• Failed to “give bond or security for any purpose”.
• Was convicted of a felony.
• Had a conflict of interest with the Estate.
• No longer lives in Florida (if this was a condition of their original appointment to the role).[1]

Additionally, if the Will that named this individual as the Personal Representative is revoked, their appointment to this role is also revoked.[2]

The first step in removing a Personal Representative is contacting a law firm that has attorneys who specialize in probate litigation, like Huth, Pratt & Milhauser. Your attorney will file a Petition with the Court to request the removal of the Personal Representative. The Petition will include the reason for the removal and evidence supporting it. Once the Petition is filed, your attorney will inform all interested parties (heirs, beneficiaries, the Personal Representative, creditors, etc.) about the Petition. The Personal Representative will likely contact a probate litigation attorney of their own. Their attorney and your attorney will try to negotiate an agreement without going to Court. If the negotiation does not produce an acceptable result, your attorney will argue your case in Court and the Judge will determine if the Personal Representative should be removed. If they are removed, the Court will appoint a new Personal Representative or Curator and the existing Personal Representative will submit a final accounting of the Estate. Depending on the reason why the original Personal Representative was removed, they may face criminal charges as well.

Huth, Pratt & Milhauser

Huth, Pratt & Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of Wills, Trusts, Estates, Probate, Guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas include planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

[1] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.

[2] The Florida Senate. Chapter 733 Section 504 – 2021 Florida Statutes – The Florida Senate. Accessed October 30, 2024.