Matthew Shapiro, Author at Rice Law Firm

Understanding Ancillary Administration By Matthew Shapiro, Attorney Daytona Beach

July 23, 2024

As an attorney practicing probate administration in Daytona Beach, Florida, I often encounter clients who move here from other parts of the country, leaving behind property in different states. This scenario frequently necessitates ancillary administration, a crucial process for efficiently handling an out-of-state decedent's assets. Here's a comprehensive guide to understanding ancillary administration and its significance in probate, along with how establishing a trust can streamline this process.

By Matthew Shapiro

Wills vs. Won’ts: Understanding the Impact of a Will By Matthew Shapiro, Daytona Beach Attorney

June 21, 2024

The passing of a loved one is always a difficult time, and dealing with the legal complexities that follow can make it even more challenging. One of the key aspects that often comes into play is whether the deceased died testate or intestate. These terms might sound technical, but understanding them can significantly ease the process of managing an estate, especially in Florida.

By Matthew Shapiro

Demystifying Trusts by Matthew Shapiro, Volusia County Attorney

May 7, 2024

Trusts are powerful estate planning tools that offer individuals flexibility, control, and peace of mind when it comes to managing their assets and providing for their loved ones. In Florida, understanding the distinctions between revocable and irrevocable trusts, as well as living and testamentary trusts, is crucial for individuals seeking to establish an effective estate plan. In this blog, we'll explore these differences, their implications under Florida law, and the unique benefits they offer.

By Matthew Shapiro

Navigating the Digital Realm: Understanding the Disposition of Digital Assets in Florida Probate

March 28, 2024

In an era where our personal and professional lives are increasingly conducted online, the significance of digital assets cannot be overstated. From cherished memories stored on social media platforms to cryptocurrencies representing significant financial holdings, our digital footprint is substantial. Yet, amidst the intricacies of estate planning and probate administration, the treatment of these digital assets often remains a neglected aspect. In Florida, a state renowned for its proactive approach to legal matters, the disposition of digital assets is governed by a framework that seeks to reconcile traditional probate principles with the complexities of the digital age.

By Matthew Shapiro

Understanding Summary Probate Administration in Florida

February 12, 2024

For some individuals, probate administration can be a daunting process, especially during times of grief and loss. However, in Florida, there are various types of probate administration, each designed to accommodate different circumstances.

By Matthew Shapiro

Navigating Probate Courts: Unraveling the Complexities of Estate Settlement

January 3, 2024

Probate court, often shrouded in mystery and misconception, plays a crucial role in the legal landscape when it comes to settling the affairs of a deceased individual.

By Matthew Shapiro

The Risks and Limitations of DIY Wills: The Importance of Professional Guidance in Estate Planning

November 14, 2023

Estate planning is crucial to securing the future and protecting the assets of your loved ones. In recent times, the proliferation of “do-it-yourself” (DIY) will kits and online services have offered seemingly convenient and cost-effective ways to create a will. However, while these DIY options appear accessible, they often harbor significant risks and limitations that […]

By Matthew Shapiro

Understanding Living Wills and Healthcare Surrogates in Florida: Empowering Your Healthcare Decisions

June 15, 2023

Estate planning includes decisions related to healthcare. In Florida, living wills and healthcare surrogates are essential tools for ensuring that your medical wishes are honored when you cannot express them yourself. In this blog post, we will explore the purpose and significance of living wills and healthcare surrogates, highlighting their benefits and key considerations when creating these documents.

By Matthew Shapiro

The Significance of Having an Original Will and the Presumption that is Raised When an Original Will is Lost

April 24, 2023

A will is a legal document that outlines how a person's assets will be distributed after their death. It is a crucial document for anyone who wants to ensure that their wishes are followed and their assets are distributed as they intended. However, the validity of a will can be called into question if it is not an original document. This is because there is a legal presumption that when an original will cannot be found (and was last in the possession of the testator) that it was intentionally destroyed. This presumption can have significant implications for the distribution of assets and may lead to a legal dispute, resulting in additional costs, delays, and stress for loved ones.

By Matthew Shapiro

The Rights of a Surviving Spouse: Part Three

March 27, 2023

The third spousal right for discussion is “elective share.” Absent a valid waiver of spousal rights, the elective share serves as a floor for inheritance. It presents a surviving husband or wife with the opportunity to make sure they receive at least thirty percent of the deceased spouse’s “augmented estate” or “elective estate.” A keen reader may notice the absence of the phrase “probate estate.” This is because the elective share applies to more than just assets that pass-through probate and which are controlled by a Last Will and Testament. The augmented estate includes a large swath of assets, including property held in a revocable trust, jointly held property, property with a right of survivorship, and certain property transferred prior to death.

By Matthew Shapiro

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Author: Matthew Shapiro