Law Offices of James W. Mallonee, P.A.
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Helping individuals & families across Florida with their legal matters since 2005

Category Archives: Probate

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 »

Notice of Administration – Why It Is so Important

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

If you have ever experienced the administration of an estate, your attorney has probably advised you on the necessity of serving a Notice of Administration on all interested persons of a decedent’s estate. The real question is who should be served with such notice and what purpose does it serve. The main purpose of… Read More »

Are Your Ira’s Exempt from Creditors – Maybe and Maybe Not

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

The Florida Legislature created Florida’s statute Chapter 222 which lists a variety of exemptions from creditor claims. One of those exemptions is to protect individuals IRA’s under a plan that qualified for 401(a), s. 403(a), s. 403(b), s. 408, s. 408A, s. 409, s. 414, s. 457(b), or s. 501(a) status under Federal code…. Read More »

Personal Representatives – Who May Serve

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

If you ever had a Will prepared for you there is moment when you are asked who you would prefer to serve as the personal representative (sometimes called executor) of your estate. A personal representative is the person who will administer your estate following your death. What is sometimes forgotten is that the person… Read More »

The Importance of the Residuary Clause in a Will or Trust

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

Suppose you have a Will that devises specific property you own to an individual, but does not include a residuary paragraph directing your personal representative to gift your remaining property to others or entities. What happens to your remaining property not specifically given away to an individual. Under Florida’s probate law, a person’s Last… Read More »

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