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Posts by Jeffrey Kempf, Esq.

Guardianship for Your Minor Children can be Avoided

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May 21st, 2021

Posted in Estate & Personal Planning

Florida law requires the establishment of a guardianship for the person or property of a minor under certain circumstances. 

Person: A guardian of the person of the minor may be required when the minor’s natural guardians are unavailable or unable to serve as the custodian of the child (i.e., due to death, disability, or incarceration, etc.) and no appropriate alternative exists.


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Top Six Questions on Last Will & Testaments

By
March 19th, 2021

Posted in Estate & Personal Planning

What is a Will?

A Last Will and Testament (often just called a “will”) is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will. In Florida:

  • The maker of the will (called the testator) must be at least 18 years old.
  • The testator must be of sound mind at the time the will is signed.
  • The will must be written.
  • The will must be witnessed and notarized in the special manner provided by law.
  • It is necessary to follow exactly the formalities required for the execution of a will.
  • To be effective, the will must be proved in and allowed by the probate court.

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