Glickman & Witters, P.A.Glickman & Witters, P.A.2026-04-24T06:00:03Zhttps://www.glickmanwitters.com/feed/atom/WordPress/wp-content/uploads/sites/1403845/2023/01/cropped-GW-site-icon-32x32.pngOn Behalf of Glickman & Witters, P.A.<![CDATA[My trustee is acting shady, what can I do about it?]]>https://www.glickmanwitters.com/?p=2550522026-04-17T14:02:11Z2026-04-17T14:02:11ZYou placed significant assets into a trust to protect your loved ones or manage your own affairs. The person you chose as trustee now handles important financial decisions and manages valuable property. However, you notice concerning behavior that makes you question whether they act in your best interests. Florida law provides ways to address trustees who fail to meet their obligations.
Warning signs your trustee may have problems
Trustees must follow strict rules when managing trust assets. You might see certain red flags that suggest your trustee is not doing their job properly:
Poor communication: The trustee ignores your requests for information, refuses to provide accountings or avoids answering questions about trust assets.
Mixing funds: The trustee combines trust money with their personal accounts instead of keeping everything separate and clearly documented.
Questionable transactions: The trustee sells trust property to themselves or their family members, makes risky investments or uses trust assets for personal benefit.
Missing documentation: The trustee cannot produce records, receipts or statements that show how they spent trust money or managed assets.
Delayed distributions: The trustee refuses to make payments that the trust document requires or holds onto money without valid reasons.
These actions may violate what Florida law calls fiduciary duty. Trustees must act with complete honesty and put beneficiary interests ahead of their own interests.
Your options for addressing the problem
Florida law gives you several ways to deal with a problematic trustee. Your options include:
Court removal: You can ask a judge to remove a trustee who breaches duties, mismanages assets or creates conflicts of interest.
Demand an accounting: Courts can order trustees to provide detailed financial reports if they refuse to share information voluntarily.
Recover losses: Judges may require trustees to pay back money they misused or mishandled.
Replace the trustee: Some trust documents let beneficiaries remove and replace trustees without court involvement.
Acting quickly matters because delays can make it harder to recover assets or prove wrongdoing. Legal guidance can help you understand which remedies apply to your situation and protect trust assets from further mismanagement.
]]>On Behalf of Glickman & Witters, P.A.<![CDATA[3 signs a Florida divorce may shift from simple to complex]]>https://www.glickmanwitters.com/?p=2550492026-01-06T11:14:40Z2026-01-06T11:13:39ZLate or contested financial disclosures
Florida divorce cases often require early financial disclosure from both spouses. You may encounter problems when documents arrive late or raise questions that change earlier assumptions. What once felt clear may feel uncertain once financial information appears in writing. Complexity may surface when any of the following situations occur:
Financial records arrive later than expected
Income details differ from prior discussions
Assets or debts require valuation rather than simple division
These issues can lead to additional requests or court review. That shift may slow progress and expand the overall process.
Emerging disputes over children or support
If you have children together, early agreement may feel stable and workable. Tension can develop once schedules, expenses or daily routines begin to affect everyday life. Small differences may grow when plans move from discussion to real-world use.
Disputes over time-sharing details, decision-making or support figures may require formal review. That step can introduce mediation or hearings that did not seem necessary at first.
Shift from uncontested to contested status
Your divorce stays uncontested only while full agreement exists on every issue. One unresolved matter can change that status. Property division, parenting terms or support details often drive this shift.
Once contested, your case may follow a more structured track in Florida courts. That change often affects timing and required steps.
What to watch for as the case develops
If these signs start to surface, the situation may call for closer attention. You may find it helpful to note where expectations no longer align with what is unfolding and to stay aware of issues that remain unresolved. That awareness can help you move through the next phase with fewer surprises as the process continues.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[Is alimony automatic after a long marriage?]]>https://www.glickmanwitters.com/?p=2550472025-10-08T15:04:25Z2025-10-08T15:04:25ZWhat are the four types of alimony?
Florida courts use only four types of alimony:
Temporary: Short‑term support while the case is pending. Ends when the case ends.
Bridge‑the‑gap: Up to two years to cover specific, short‑term needs as you transition to single life (for example, deposits and moving costs). Once set, it cannot be changed.
Rehabilitative: Support tied to a written plan to rebuild skills or education. Lasts up to five years and can be modified if the plan changes or is completed.
Durational: Time‑limited support based on the length of the marriage. The amount is capped at the recipient's reasonable need or 35% of the difference in the parties' net incomes, whichever is lower.
The length of your marriage can directly affect how long durational alimony can last. Any marriage lasting 20 years or more generally counts as long-term.
For long-term marriages, support can stretch up to 75% of the marriage length. Moderate-term marriages (10 to 20 years) max out at 60%, while short-term marriages (under 10 years) are capped at 50%.
Courts also limit the payment amount to whichever is less: the recipient's reasonable need or 35% of the income gap between spouses. If your marriage lasted less than three years, durational alimony is typically not an option.
A possibility, not a promise
When a judge considers alimony, they often start with two basic questions: does one spouse genuinely need financial help, and can the other spouse afford to provide it?
From there, the court will examine a range of circumstances that paint a fuller picture of the marriage and each spouse's situation. This includes considering both spouses' ages and health conditions, their respective incomes and assets and the standard of living established during the marriage. Even adultery can influence how much support the court awards.
When a long-term marriage ends, the likelihood of a judge awarding alimony increases, but there is still no guarantee.
Protecting your financial future
The length of your marriage can open the door to alimony consideration, but it does not warrant any particular outcome. Getting the assessments right matters immensely when you are planning for retirement and the years ahead. An experienced divorce attorney can help you document your contributions and articulate your needs in ways that resonate with the court.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[Is your ex still in your will? Update your estate plan now]]>https://www.glickmanwitters.com/?p=2550432025-07-29T07:08:15Z2025-07-29T07:08:15ZAfter a divorce, you probably updated your address, your bank accounts and maybe even your emergency contact. But if you haven’t revisited your estate plan, your ex might still hold legal power you never meant to leave behind. In Florida, certain updates kick in automatically, but not all of them, and when the law steps aside, you need to take control yourself. If you want your future to reflect your new reality, you must clean up what your divorce left behind.
Why divorce makes your estate plan outdated
Florida law does cancel certain provisions that benefit an ex-spouse, like anything in a will or trust that leaves them property or authority after you pass. But it doesn’t cover everything. Life insurance, retirement accounts and other payable-on-death assets follow different rules, which means you might still hand over a major inheritance or legal authority to someone you already cut out of your life. If you don’t want your ex involved in your affairs after you're gone, or worse, making decisions on your behalf while you're still alive, you need to shut those doors yourself.
What to review and revise after a divorce
Once your divorce becomes final, treat your estate plan like any other account that needs a full reset. Start with your will and any revocable trusts, and take your ex out of roles like personal representative or trustee if you named them. Then move to your powers of attorney and advance health care directives. If you left your ex with that authority, they can still make financial or medical decisions you never intended. Finally, check your beneficiary designations, especially on life insurance policies, retirement accounts or bank accounts that transfer automatically upon death. These designations don’t update themselves, and your divorce decree doesn’t override them.
When to make the changes and who can help
You don’t have to wait to make changes, and you shouldn’t. As soon as your divorce becomes official, start updating every part of your estate plan to reflect your new life. While you can handle some forms on your own, others demand legal precision, especially when you’re working with trusts or assets that cross state lines. A Florida estate planning attorney who knows the rules can help you avoid mistakes that let your ex linger in places you meant to clear. If you want your plan to hold up when it matters most, don’t rely on generic paperwork to carry the weight.
Make the clean break complete
You already pushed through the hard part, but your divorce won’t truly be behind you until your estate plan catches up. Removing your ex from your legal documents doesn’t just protect your assets. It protects your peace of mind. The next move belongs to you, and the sooner you make it, the more confident you’ll feel knowing that your wishes will actually take effect.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[3 requirements for drafting a valid Florida will]]>https://www.glickmanwitters.com/?p=2550412025-04-24T01:21:03Z2025-04-24T01:21:03ZAn understanding of the document
The most important requirement for a valid will is an appropriate testator. People generally need to be at least 18 years old or emancipated minors to have the legal authority to draft a will in Florida. They also need to be of sound mind, which the courts refer to as having testamentary capacity. The person drafting the will must understand the basic terms included in the documents. They need to know what property they possess and recognize how their documents could affect their beneficiaries.
Witness signatures
The testator drafting the document usually has to physically sign the will to affirm its validity. Florida law also requires the signatures of at least two witnesses. Generally speaking, those witnesses need to be adults who have the capacity to testify in court about the will if necessary. Unlike some jurisdictions, Florida does not prohibit interested parties, including estate beneficiaries, from serving as witnesses. However, choosing uninterested parties as witnesses can reduce the likelihood of other people challenging the will on the basis of undue influence exerted by the witnesses.
Appropriate testamentary language
A will has to clearly outline an individual's wishes and acknowledge the purpose of the document. Additionally, it is critical that the terms included in the will align with state law rather than violating it. Testators sometimes include provisions in their documents that do not align with state statutes. Their mistakes could undermine the validity of the will.
People who invest in the creation of a will typically want to ensure that the document complies with the law and can, therefore, hold up under scrutiny in probate court. Having support when drafting a will increases the likelihood of a testator complying with all applicable state laws.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[Can people adjust alimony after a drop in income?]]>https://www.glickmanwitters.com/?p=2550372025-01-23T01:01:29Z2025-01-23T01:01:29ZAlimony modifications are sometimes possible
It is common for the party receiving alimony to want to receive the most they can for the longest time possible. The party paying for alimony usually desires the opposite. Especially if their income decreases substantially, they may want to limit how much they pay.
A significant change in economic circumstances might lead to an alimony modification hearing. The spouse paying typically needs clear evidence that there has been a significant change in their circumstances if they hope to convince the courts to reduce their alimony payments.
The other spouse can potentially fight back against the request, possibly by showing that the reduction in income was voluntary or intentional. The courts can impute income in cases where one spouse appears to be intentionally underemployed or voluntarily unemployed as a means of avoiding financial obligations. The courts can base alimony calculation on what the spouse should be able to earn, not what they currently receive in wages.
Provided that the drop in income was outside of the control of the paying spouse, the courts may reduce the alimony payments they must make. It may also be possible to end alimony early if the recipient spouse improves their circumstances or remarries.
Learning more about the rules that apply to alimony disputes during Florida divorces can help people secure the best outcome possible. Spouses can sometimes alter alimony orders when their circumstances change significantly and payments become a source of economic hardship.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[Avoiding penalties for splitting retirement funds during divorce]]>https://www.glickmanwitters.com/?p=2550352024-10-25T13:21:15Z2024-10-25T13:21:15ZWhat are the early withdrawal penalties?
There are two negative consequences associated with an early withdrawal from a 401(k). The first is the penalty assessed. Typically, the account holder has to pay a 10% penalty based on the amount that they withdraw before they reach retirement age.
The second consequence has to do with taxes. 401(k) contributions are typically pre-tax income, which helps them limit what they pay in income taxes each year. Those who make a substantial withdrawal have to report those funds as part of their annual income. That may push them into a higher tax bracket.
Thankfully, there's a way to avoid both of those consequences in a divorce.
Proper paperwork prevents penalties
Those with 401(k)s who need to divide them as part of a divorce can avoid the penalties associated with early withdrawals by following the right procedure. Having a lawyer draft a qualified domestic relations order (QDRO) allows for the penalty-free division of the account into two separate accounts. Provided that no additional withdrawals occur, there should not be any tax consequences either.
Spouses can also potentially negotiate arrangements in which they do not have to divide the account because they account for its value elsewhere in the property division process. Either approach can eliminate the risk of tax penalties and other consequences during a divorce.
Having a plan for addressing one’s most valuable marital property can help people avoid costly consequences during a divorce. Those with more complex marital estates often need to plan carefully when making financial moves as their situation evolves.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[Can you trust a title company?]]>https://www.glickmanwitters.com/?p=2550332024-07-23T11:06:35Z2024-07-23T11:06:35Z perform multiple services during residential real estate transactions. Their main role is to review the title history for a property and help resolve any blemishes on the title. Then, the title company issues title insurance policies that protect the buyer and the lender financing the transaction.
Title companies may also facilitate a closing by holding funds deposited by the buyer, distributing mortgage funds and even issuing the documents signed at the closing table. Can buyers preparing for a real estate transaction trust a title company?
Buyers have a protected right to choose
Many buyers don't understand residential real estate closings and might make mistakes due to a lack of information. For example, buyers often give up their legal right to choose their own title company. They let the real estate agent representing them make the choice on their behalf.
The unfortunate reality about title matters is that what is a life-changing transaction for a buyer is just one of dozens of title policies handled on any given day by the title company. Mistakes and oversight are more common than people realize. Giving total trust to a title company can be a mistake that leads to closing complications or financial losses for a buyer.
Legal representation can make a major difference
Many real estate buyers do not acquire the representation of a lawyer because they already have an agent representing them. However, a lawyer serves a vastly different purpose during a real estate transaction and can be a better advocate for a buyer.
Lawyers can help with the title search process or can review the information uncovered by the title company. They can also help go over the closing documents and settlement statement to check for errors. When there are issues that require correction, such as mistakes regarding the wire transfer of mortgage funds, the lawyer representing the buyer can help resolve those issues by acting on behalf of their clients.
Securing legal representation early in a residential real estate transaction process can help a buyer feel more comfortable about the level of trust they have to place in the title company facilitating the closing. Buyers who learn more about their rights and the role of a title company may be able to identify warning signs of issues that could affect their transaction.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[What role can a trust play in estate planning?]]>https://www.glickmanwitters.com/?p=2550312024-04-23T15:36:07Z2024-04-23T15:36:07Zcreating an estate plan, learning about trusts and how they work can help you to determine if this is a suitable option for your situation. If you decide that you want to use a trust, you’ll have to decide what specific type of trust meets your needs.
Revocable versus irrevocable trusts
Trusts all fall into one of two categories – revocable or irrevocable. A revocable trust is one that you can change, but an irrevocable trust can’t be changed in most cases. An irrevocable trust can only be changed or canceled if the beneficiaries agree or the court orders it.
One area where these differ is the protection from creditors. Creditors can claim the contents of a revocable trust because you retain control of those assets. Creditors can’t claim those in an irrevocable trust because you don’t have control of those assets.
Both types of trusts don’t have to go through the often costly probate process. This means that the beneficiaries can get what they’re due from the trust as quickly as possible after you die. It also provides privacy since there isn’t a public record of the trust’s contents.
Specific intentions of some trusts
Some trusts have specific intentions. For example, a special needs trust is meant to provide support for a person who relies on needs-based programs. Because the trust is set for specific support and administered by a trustee, the assets in the trust don’t count toward the beneficiary’s asset limit.
There are a host of other specific intention trusts available. It’s best to discuss your wishes with your legal representative so they can offer guidance about the types of trusts available designed to meet those needs. Remember, a trust is only one part of a comprehensive estate plan, so it’s helpful to view trust creation as one component of a broader approach.]]>On Behalf of Glickman & Witters, P.A.<![CDATA[Can someone adjust alimony payments when their income drops?]]>https://www.glickmanwitters.com/?p=2550212024-01-24T02:25:54Z2024-01-24T02:25:54ZFlorida does modify alimony in some cases
There are numerous factors that influence the final order for alimony in a Florida divorce. The terms of any prenuptial agreement between the spouses, the earning potential of both spouses and even the duration of the marriage can come into play. Therefore, if the income of one party drops substantially, that could theoretically influence how much alimony one spouse pays the other. When the paying spouse has a drop in income, they can petition the courts to review and adjust alimony amounts. However, there is no guarantee that the courts will reduce alimony payments.
For example, if there is reason to believe that someone left a decent-paying job for a lower-paying profession with the intention of reducing alimony obligations, then the courts may decline to adjust the alimony amounts. If the reduction in income is not substantial enough, then the courts might maintain the order as-is.
It is worth noting that the spouse receiving alimony also has the option of requesting a modification or adjustment. If they discover that their spouse has received a raise or promotion, they might ask the courts to reevaluate alimony payments based on that change in circumstances. Both spouses theoretically have the option of requesting that the courts review an existing alimony order when financial circumstances change in any significant way.
Changes in income or marital status for either spouse may warrant a review of an existing alimony order. Recognizing that the courts can change alimony orders may help people better protect their financial stability after a Florida divorce.]]>