In this article, you can discover… The types of trusts available to you and your family in Florida. How to choose the right type of trust to protect your assets. How an attorney can help you build a truly comprehensive and tailored trust. What Types Of Trusts Are Available In Florida? There are several types of trusts, but for most estate planning purposes, the two primary categories are revocable trusts and irrevocable trusts. Revocable Trusts These are the most common. The person who creates the trust, called the grantor, can revoke or change the trust at any time. Typically, the grantor also serves as the trustee, which means they maintain full control over the trust assets, much like they would if the assets were in their own name. One of the main advantages of a revocable trust is that it allows assets to avoid probate. Irrevocable Trusts Less commonly used, these trusts cannot be altered once established. The grantor gives up control, meaning they cannot serve as the trustee or the beneficiary. However, this structure offers a key trade-off and benefit: asset protection from creditors. How Do I Choose The Right Type Of Trust For Asset Protection? Choosing the right…Read More
In this article, you can discover… The different types of probate in Florida, and how they differ. How long the probate process can take, and what to expect. How an attorney can help you and your family navigate probate. What Are The Different Types Of Probate In Florida? How Do They Impact Estate Distribution? Florida recognizes three types of probate: Formal Administration This applies when the value of the estate’s assets exceeds $75,000. It involves the appointment of a personal representative by the court to manage and distribute the estate. Summary Administration A faster, simplified process that doesn’t require appointing a personal representative. This is available when the estate’s assets are under $75,000 or more than two years have passed since the date of death, after which creditors are generally barred from making claims. Ancillary Administration Used when a probate proceeding is already taking place in another state, but the decedent owned property in Florida. The Florida court handles only the in-state property in accordance with the will or trust administered in the primary jurisdiction. How Long Does Probate Take, And What Factors Can Delay The Process? Probate in Palm Beach County can often take 18 months or longer, especially…Read More
In this article, you can discover… When to file a FINRA arbitration claim. How to gather evidence to support your case against a fraudulent broker. The costs and fees associated with a FINRA claim. What Is A FINRA Arbitration Claim, And When Should I File One? FINRA arbitration is the mandatory process for resolving most disputes between investors and brokerage firms or financial advisors. Filing a claim is relatively simple and inexpensive, only costing between $1,500 and $2,000 to file a Statement of Claim. But that modest filing fee can force a brokerage firm to spend $75,000 to $100,000 or more to defend the case. This asymmetry gives claimants real leverage. From the defense side, where I spent much of my career, I saw how firms reacted differently. Some firms prioritized reputation and settled cases quickly, regardless of merit. Others asked only one question: Did the broker do anything wrong? If the answer was no, they would spend whatever it took to fight, even over small claims. FINRA arbitration is not like court. There are: No formal rules of procedure. No enforceable rules of evidence. No requirement that arbitrators apply the law correctly. No right to appeal except in rare…Read More
In this article, you can discover… What “selling away” means in the securities industry. How to tell if your broker is engaging in “selling away” practices. How a securities attorney can help guide you in seeking accountability and damages. What Does Selling Away Mean In The Securities Industry? Selling away occurs when a broker sells a security or another investment product that hasn’t been approved by their brokerage firm. Because the investment falls outside the firm’s official offerings, it is not supervised, meaning the firm may not have reviewed its risks, suitability, or legitimacy. Even though the brokerage firm hasn’t authorized the sale, it can still be held liable for the broker’s conduct under principles like respondeat superior and employee liability. How Does Selling Away Increase Financial Risks For Florida Investors In Unauthorized Securities? The risk is simple: you’re being sold something that the brokerage firm has declined to offer, often because it’s too speculative or unsuitable even for experienced or high-risk investors. When a broker operates outside their firm’s oversight, you lose the protections that typically come with regulated financial transactions. There’s no compliance review, no suitability analysis, and often, no accountability until it’s too late. How Can I…Read More
