Wesley T. Dunaway, P.A.

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Pulse massacre OneOrlando Fund probate requirements

The OneOrlando Fund has raised over $20 million for the victims of the terrible mass shooting at the Pulse Nightclub, which occurred in June 2016. Yesterday, August 4, 2016, the Fund’s organizers held a Town Hall Meeting, where they met with survivors and the families of those who died in the shooting. The Fund’s leadership has created a draft “Distribution Protocol,” which describes the process for distributing the money raised by the Fund. The protocol can be found here. Payments will be made to the survivors of deceased victims; to those injured in the shooting; and to those who were… Read More

Joint Account Holders or Payable on Death Accounts

Great care needs to be exercised in designating a relative as a joint holder on bank accounts, investment accounts, or even real estate and other tangible property. This may be the clear intention of the person, but many times the person is confused and wants all of the beneficiaries to share the proceeds equally. They may even have made this designation in a trust document. Challenging these designations is difficult to be sure, but should be considered if you believe a beneficiary is being unjustly compensated or is receiving an unequal distribution of the estate assets. If you are considering… Read More

Orlando, Inc.’s Member of the Month

We’re proud that our law firm has been chosen as Orlando, Inc.’s Member of the Month! Check it out here.

WealthCounsel’s Featured Member

We’re proud that our law firm has been chosen as WealthCounsel’s featured member! Check it out here: https://mws.wealthcounsel.com/member-directory/

Congratulations to Florida same-sex Couples Getting Married Today!

We’re proud to celebrate the fact that marriage equality became real today for all Floridians. Read the Orlando Sentinel’s story here.

Is January 6 Florida’s Day For Same Sex Marriage?

On August 21, Judge Robert Hinkle of the U.S. District Court for the Northern District of Florida ruled that Florida’s ban on same-sex marriage violates the U.S. Constitution. The Appeals Court ordered Judge Hinkle’s decision be stayed (suspended) through Jan. 5, 2015. The good news is that many same-sex couples in Florida who were married in other jurisdictions will benefit from Florida’s laws concerning homestead, elective share, family allowance and tenancy by the entirety. Further, it is expected that the Florida courts will no longer be able to deny divorce rights, alimony or equitable distribution rights to such couples. There is still a… Read More

The 2011 Florida Power of Attorney Act and its Implications

Many people are familiar with the concept of Power of Attorney—it allows a principal to grant authority to an agent to act on the principal’s behalf. This is a very useful tool for end-of-life planning, as it allows an individual’s loved ones to access and manage the individual’s assets. On October 1, 2011, a new Florida Power of Attorney Act went into effect. Some substantial changes went into effect with the passing of this new law. Any Power of Attorney that was properly executed before October 1, 2011 will continue to be effective. Further, any Power of Attorney properly executed… Read More

The Case of the not-so-simple Will

A woman who used a commercial will instead of hiring an attorney apparently thwarted her intent on disposing of some of her property and sparked litigation that cost many times what she saved by using the generic form. This Florida Bar News article describes the facts and the unfortunate outcome. Don’t make the same mistake!

Digital Assets: Your Online Accounts and Your Estate

“Digital assets” sounds like something fancy; something that only the rich and famous would have. However, many of us have many digital assets that we use every day, and they come in the form of social media, email, and online banking. What happens when you’re no longer around to manage them? What can you do to avoid issues with your digital assets and your estate? First, it is important to note that handing over control to your digital assets may not be as simple as you think. Many believe that they can simply keep track of all of their accounts… Read More

Pet Planning 101

End-of-life planning should allow us to plan for all of our loved ones. Whether they have two legs or four, we should be able to feel confident that our loved ones will be cared for once we’re gone. There are a couple of options for pet planning. The arrangement should be chosen based on your own preferences and the needs of your pet. Pet trusts are becoming ever popular in estate planning. In a pet trust, the grantor, the pet’s owner, funds the trust with assets to cover the pet’s needs for its expected lifetime. The trustee then manages the… Read More

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