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

Category Archives: Probate

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 »

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 »

Wills, Divorce and Life Insurance

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

Have you ever wondered what happens to the outcome of a person’s Last Will and Testament following the divorce of a married couple? Even more interesting is what happens to a named spouse as a beneficiary of a life insurance policy when a couple divorces. The answer is fairly simple. Florida law treats the… Read More »

Gifting Prior to Death

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

If you have ever thought about giving something, make certain that the gift is either memorized in a Will, delivered directly or symbolically to the person receiving such gift. The problem in gifting is whether the gift was actually delivered and all ties to it were relinquished by the former owner during life or… Read More »

Protecting Tangible Personal Property

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

Your estate will consist of your real, intangible and tangible personal property. Real property is fairly obvious, it’s the dirt that you own. Your intangible personal property consists of cash, stocks and bonds. The tangible personal property of your estate is defined as that which can be felt or has physical form and substance…. Read More »

Separate Writing Outside a Will

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

When a Last Will and Testament is prepared for someone, there usually comes a moment when that person gets home and suddenly remembers that they forgot to include a specific heir loom they wanted to devise to a family member or other individual outside the family. Fortunately, Florida’s Probate statutes provide a mechanism to… Read More »

Same Sex Marriage and Its Impact on Real Estate, Death and Taxes

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

During the summer of 2013, the U.S. Supreme Court ruled on the concept of marriage equality. Following that ruling, the court went on to decide that State laws banning same sex marriages were unconstitutional. That decision was born out of a New York case called Windsor v. United States. It involved a same sex… Read More »

Exempt Property from Creditors

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

Suppose a parent (who is the major bread winner of a family) should die leaving a surviving spouse and two children. The result of this type of outcome could be disastrous by suddenly placing a surviving family squarely on welfare. This article discusses a seldom recognized probate statute, Section 732.402, of the Florida Statutes… Read More »

Recent Changes to Gifts to Minors or Healthcare Surrogates

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

Have you ever wanted to transfer property to a minor as part of your Will, Trust or an outright gift, but did not want to burden the Executor or Trustee with the obligations necessary to control the gift; or maybe the minor is simply too immature to manage such gift. Back in 1985, there… Read More »

Spendthrift Versus Discretionary Trust Provisions

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

Most trusts and Wills contain a clause or paragraph regarding a spendthrift provision. Some trust provisions also provide a sentence or statement about a trustee’s ability to act in their sole discretion with regard to distribution of assets to a beneficiary. What is the difference between a spendthrift and a discretionary provision and which… Read More »

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