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

Can Beneficiaries Change the Intent of a Trust?

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

I’ve frequently been asked if a trust that becomes irrevocable be changed. The short answer is yes, but that will depend on the intent the Grantor placed into the language of their trust. The biggest example of when this arises is who is chosen as the Trustee. The beneficiaries may not like the ways… Read More »

Who Pays the Attorney?

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

I recently had a discussion with a beneficiary who wanted to express their dissatisfaction that she and the other beneficiaries of their parent’s estate had to pay an attorney his or her fee for services rendered in administering the estate. The argument being made is that the personal representative is the person who hired… Read More »

Undue Influence Defense

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

Can a child or care giver be accused of unduly influencing the preparation of an elderly person’s Will, and if so, is there a defense he or she can rely on? The answer is a guarded yes. It’s called the dutiful child or person exception. I recently experienced this with two clients who came… Read More »

Right to Trust Information

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

Clients often come to the office and ask about having a trust drawn up for them. My reply is generally why do you think you need a trust? The prominent answer is to avoid probate, but in reality, the responsive explanation is you won’t. There is another thought that should be taken into consideration… Read More »

Challenging Homestead Orders

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

When a Florida citizen dies, his or her permanent Florida residence passes to their lineal descendants when there is no Will. This magical event occurs at the moment of death. If the person who passes has a Will, then the beneficiaries named in the Will are normally the recipients of the decedent’s permanent residence…. Read More »

Nursing Home Contracts – Arbitration

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

Placing a loved one into a Nursing or Assisted Living Facility is never an easy task. Its emotional and the person being placed into the home may feel as if you have abandoned them. Because of this, while signing the admission contracts there is a moment where you may feel as if you just… Read More »

A Possible Benefit From Community Property Ownership and Florida Law

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

As you may know there are States within the United States union that have community property statues that may seem odd to Floridians. The majority of those States are in the Western portion of the United States (e.g. California, Arizona, Oregon, Washington, Idaho including Texas). Community property is generally viewed to be a husband… Read More »

Covid-19 and Your Estate Planning Documents

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

In the last six months there have been many situations involving families who have come to this author’s office to ask what to do when one of their loved ones has succumbed to the COVID virus without any instructions on how to handle their estate or health needs. This is a recurring real-life problem,… Read More »

Homestead Rental Does Not Mean Loss of Its Protection

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

The usual understanding of Florida’s Constitutional Homestead Protection was that the property being declared as protected homestead against creditors could not be rented. However, that orthodox myth has been busted in the case entitled Anderson v. Letosky from the Second District Court of Appeals. While it is true that an entire residence cannot be… Read More »

No Will, No Problem

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

On occasion a client will come to the office to inform us that their parent died and no Will can be found. The anxious client is worried that the State will take their parent’s assets to pay creditors or worse to embellish the State’s coffers. Nothing could be further from the truth. The State… Read More »

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