Law Offices of James W. Mallonee, P.A.
Port Charlotte 941-206-2223
Venice 941-207-2223
Helping individuals & families across Florida with their legal matters since 2005

Recent Blog Posts

Guardianship Changes to Examining Committee Reports

By Law Offices of James W. Mallonee, P.A. |

There has been a recent ruling in the guardianship law which has the effect of giving those persons who are under siege of a guardianship proceeding some protection. It involves the examining committee reports and the procedures used to complete them. The procedures used to initiate a guardianship proceeding starts with the filing of… Read More »

Limited Liability Estate Planning or Tenants by Entirety – Which is Better?

By Law Offices of James W. Mallonee, P.A. |

From time to time, I get asked about protecting assets as they move from generation to generation and how to assure certain assets remain within a family’s blood line. Under normal circumstances when an asset, whether cash or real property, transfers to a child or surviving spouse, it is subject to that individual’s discretion… Read More »


By Law Offices of James W. Mallonee, P.A. |

I frequently have questions from clients who ask if they can devise their property to anyone? The short answer to that question is generally yes; but, with some thoughts about the consequences of doing so. Many times, this comes down to whether siblings, children or a spouse are still alive at the time of… Read More »

I Just Want to Get Married

By Law Offices of James W. Mallonee, P.A. |

In 2009, Billy Smith (not his real name) fell in love with Glenda Jacks (not her real name). Unfortunately for Billy, in April of 2010, he was determined to be partially incapacitated in a guardianship proceeding due to a head related trauma when he was involved in a traffic accident. The trial court appointed… Read More »

Deeding Property to Avoid Probate – Bad Idea

By Law Offices of James W. Mallonee, P.A. |

Following the holidays there are a number of clients who come to see me and ask to have their children added to their property for the purposes of transferring such property at their death. In essence, they are looking to avoid probate. What they don’t realize is that such changes are fraught with potential… Read More »

Trusts and Beneficiary Powers

By Law Offices of James W. Mallonee, P.A. |

I often get asked by a Grantor of a trust how secure is the information and assets that are titled in the name of their trust from his or her named beneficiaries. The response most often given is that it depends on the current status of the trust. There are two statuses of a… Read More »

Land Trusts

By Law Offices of James W. Mallonee, P.A. |

Land trusts are traditionally used when dealing with real property that is owned by multiple owners who hold such property as tenants in common. The root problem of holding property as tenants in common comes from the fact that a co-tenant can sue the other co-tenant for partition causing the land to be forcibly… Read More »

Changes to Florida’s Elective Share

By Law Offices of James W. Mallonee, P.A. |

The Florida Legislature has made another revision to the Elective Share for the benefit of a spouse who was not considered (disinherited) in their deceased spouse’s estate. The Elective Share is ordinarily selected as a remedy following the death of a spouse when the surviving spouse is not included in the deceased spouse’s Will… Read More »

Is a Trust Right for Me?

By Law Offices of James W. Mallonee, P.A. |

For the most part, a trust, whether operable during life or after death is generally used to give its creator the ability to control the flow of a person’s property to beneficiaries following death while attempting to minimize if not avoid estate taxes. In today’s world, it might not make sense to have a… Read More »

Worried Your Estate Will Go to the State When You Don’t Have a Will

By Law Offices of James W. Mallonee, P.A. |

I often hear clients come into my office worried that if they don’t have a Will their assets will go to the State of Florida and not to their beneficiaries or heirs. They are often surprised to learn the likelihood of that happening is very remote. However, it is possible within the State of… Read More »

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