Estate Planning
Florida Estate Planning Lawyer Blog 
Covers estate planning legal issues, cases, and news with a focus on Florida State Law.
Post Frequency: 1.3/day Last Entry: November 18, 2009 at 15:21:17 Recent Entries: 420
By David M. Goldman
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Jacksonville Loan Mortgage Modificiation Lawyer and Foreclosure Defense
Posted on November 18, 2009Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications. Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for...
Jacksonville Florida Probate and Foreclosure Defense
Posted on November 18, 2009as a Jacksonville Foreclosure Lawyers who also practices Florida Probate Law I see many Florida Estates where the decedent's home has negative equity. If you are appointed the Personal Representative of a Florida Probate you should explore Florida Foreclosure Defense...
Florida Foreclosure and the Difference between Judicial and Non-Judicial Foreclosure?
Posted on November 18, 2009As a Jacksonville Foreclosure Lawyer its important to understand the difference and benefits of a Judicial Foreclosure state like Florida over a Non-Judicial Foreclosure state like California. Florida law requires that the lenders and mortgage companies seek a court judgment...
Duval County Florida Foreclosures
Posted on November 05, 2009Duval County was one of the top locations in Florida for Foreclosures in Florida in September 2009. With over 55000 foreclosures in Florida this month Duval County Ranked number 7 in the state.Jacksonville had 2299 Jacksonville Beach had 64...
Jacksonville Foreclosure Defense Lawyer Information
Posted on November 05, 2009Jacksonville Foreclosure Lawyers from the Apple Law Firm will be attending a workshop in Jacksonville Florida on Defending Foreclosures in Florida on Friday November 6th. April Charney, a nationally recognized foreclosure expert will be featured at the foreclosure workshop...
Floirda Foreclosure: Working with Mortgage Company on Loan Modification
Posted on November 05, 2009Florida Foreclosure and Loan Modification Question I?ve been served with a complaint for foreclosure, but I have been working with my mortgage company on a loan modification, do I really need to respond? Response It is important to respond to...
Is a Will Contest Clause in Florida Valid? How about a Trust?
Posted on November 04, 2009Will Contest Clauses are generally included to prevent children or beneficiaries from attempting to dispute their portion of an estate. In some states they are valid and many others like Florida they are not valid by statute. Given that a...
Florida Foreclosure: Mortgage Default
Posted on November 04, 2009Mortgage Default Letters. We are often asked what should you do once you receive a letter that states you are in default of your mortgage. If you have received a Notice of Default you can send a debt verification letter...
When Does a Florida Foreclosure Begin?
Posted on November 02, 2009A Florida foreclosure can start anytime after the borrower defaults on the mortgage term. Most lenders will start the Florida Foreclosure process when payments are 3-4 months past due. If you do not defend your foreclosure, you can loose your...
Clearwater Probate Lawyer Information
Posted on October 30, 2009St. Clearwater Probate court is located in Pinellas County. Clearwater does not have any unusual probate fees. The Pinellas County Courthouse is located at: 315 Court Street Clearwater, Fl 33756 Tel: (727) 464-3267...
Florida Asset Protection and Fraudulent Transfers
Posted on October 29, 2009Under the Uniform Fraudulent Transfers Act (UFTA) whether a transfer is considered fraudulent boils down to two basic issues. 1) Actual Intent 2) Insolvency and Transfer for less than full value The intent of the transfer is whether it was...
Florida Asset Protection: Protecting Against Outside Creditors
Posted on October 28, 2009Florida Asset Protection typically deals with protecting assets from Inside creditors and Outside creditors. Outside creditors are those creditors whose claims arise the business entity and are then assert4ed against the business, real estate, or asset...
Florida Asset Protection: Protecting Against Inside Creditors
Posted on October 28, 2009Florida Asset Protection typically deals with protecting assets from Inside creditors and Outside creditors. An inside creditor is a creditor whose claim is directed against the business or real estate that is owned and operated within a business entity...
Florida Asset Protection for Business Owners
Posted on October 28, 2009Florida business owners are one of the groups of individuals who need Florida Asset Protection. There are two types of risks that business owners are at risk of loss. First is the risk that comes from within the business. The...
Virtual Adoption in Florida
Posted on October 18, 2009Virtual adoption is not defined under the Florida Statutes. There was a recent Florida Bar article entitled Virtual Adoption: Not Just for Netizens written by Brian R. Dolan and Joel M. Commerford. The Fifth District Court of Appeal listed the...
Review your Florida Estate Plan.
Posted on October 16, 2009Many of my Jacksonville Estate Planning clients ask me when and how often they should review their Florida Estate Plan. I like to recommend that people take a look at their situation on a yearly basis and if they notice...
Trust Mill Fined 6.4 Million in Ohio
Posted on October 15, 2009American Family Prepaid Legal Corporation and Heritage Marketing, their officers and employees have been bared from the practice of law for in over 3800 acts by participating in an illegal Trust Mill. The firms sent direct mail ads to Ohio...
Estate Planning & Trust Administration with Genetic Material
Posted on October 14, 2009As the use of genetic material becomes more accepted, the issue of what and how to deal with it has begun to be an important part of estate and trust planning and administration. Not only could this change distributions or...
When not to us a Living Trust
Posted on October 12, 2009Florida Revocable Trust's are often used to avoid problems. The North Carolina Estate Planning Blog has an interesting article on when you should not use a Living Trust. 1. You want the court to dictate how your estate is handled....
Can a Florida Resident Create a Will Outside of Florida?
Posted on October 02, 2009If you are a resident of the state of Florida, you may create a will in another state. You do not have to create a Florida Will or execute a Florida Will within the state of Florida. There are some...
Do I need a Will in Florida?
Posted on September 29, 2009A Florida Will provides instructions on how to distribute your assets upon your death. Many people believe that if they do not have a Florida Will their assets will be taken by the state. This is not true. Florida has...
Tallahassee Probate Lawyer Information
Posted on September 29, 2009Tallahassee Probate court is located in Leon County. Tallahassee does not have any unusual probate fees. The Leon County Courthouse is located at: 301 S. Monroe St. Tallahassee, FL 32301. Tel: (850) 577-4100...
Special Needs Trust Lawyers for Disabled Children in Florida
Posted on September 15, 2009Florida Special Needs Trust Lawyers & Florida Supplemental Needs Trust Attorneys. Florida Families who have disabled children had a greater need for a Florida Estate Planning Lawyer to prepare for the possibility that they do not outlive their children...
Fort Lauderdale Probate Lawyer Informaiton
Posted on September 09, 2009Fort Lauderdale Fort Lauderdale Probate court is located in Broward County. Fort Lauderdale does not have any unusual probate fees. The Broward County Courthouse is located at: 201 S.E 6th Street Fort Lauderdale, FL 33301 Tel: (954)...
Orlando Probate Lawyer Informaiton
Posted on September 09, 2009Orlando Probate court is located in Orange County. Orlando does not have any unusual probate fees. The Orange County Courthouse is located at: 425 N. Orange Avenue Orlando, FL 32801 Tel: (407) 836-5115...
St. Petersburg Probate Lawyer Informaiton
Posted on September 09, 2009St. Petersburg Probate court is located in Pinellas County. St. Petersburg does not have any unusual probate fees. The Pinellas County Courthouse is located at: 315 Court Street Clearwater, Fl 33756 Tel: (727) 464-3267...
Tampa Probate Lawyer Informaiton
Posted on September 09, 2009Tampa Probate court is located in Hillsborough County. Tampa does not have any unusual probate fees. The Hillsborough County Courthouse is located at: 490 1s t Avenue South St. Petersburg, FL 3370 Tel: (813) 276-1800 Ext...
Miami Probate Lawyer Informaiton
Posted on September 09, 2009Miami Probate court is located in Miami-Dade County. Miami does not have any unusual probate fees. The Miami-Dade County Courthouse is located at: 73 West Flagler Street, Suite 137 Miami, FL 33130 Tel: (305) 275-1155...
Fort Lauderdale Probate Lawyer Information
Posted on September 09, 2009Fort Lauderdale Fort Lauderdale Probate court is located in Broward County. Fort Lauderdale does not have any unusual probate fees. The Broward County Courthouse is located at: 201 S.E 6th Street Fort Lauderdale, FL 33301 Tel: (954)...
Orlando Probate Lawyer Information
Posted on September 09, 2009Orlando Probate court is located in Orange County. Orlando does not have any unusual probate fees. The Orange County Courthouse is located at: 425 N. Orange Avenue Orlando, FL 32801 Tel: (407) 836-5115...
St. Petersburg Probate Lawyer Information
Posted on September 09, 2009St. Petersburg Probate court is located in Pinellas County. St. Petersburg does not have any unusual probate fees. The Pinellas County Courthouse is located at: 315 Court Street Clearwater, Fl 33756 Tel: (727) 464-3267...
Tampa Probate Lawyer Information
Posted on September 09, 2009Tampa Probate court is located in Hillsborough County. Tampa does not have any unusual probate fees. The Hillsborough County Courthouse is located at: 490 1s t Avenue South St. Petersburg, FL 3370 Tel: (813) 276-1800 Ext...
Gainesville Probate Lawyer Information
Posted on September 09, 2009Gainesville Probate court is located in Alachua County. Gainesville does not have any unusual probate fees. The Alachua County Courthouse is located at: 201 E University Avenue Gainesville, FL 32602 Tel: (352) 374-3636...
Jacksonville Probate Lawyer Informaiton
Posted on September 08, 2009Jacksonville Probate court is located in Duval County. All Jacksonville Probate cases are handled by Judge Dearing. Jacksonville does not have any unusual probate fees. The Duval County Courthouse is located at: 330 E. Bay St...
Jacksonville Probate Lawyer Information
Posted on September 08, 2009Jacksonville Probate court is located in Duval County. All Jacksonville Probate cases are handled by Judge Dearing. Jacksonville does not have any unusual probate fees. The Duval County Courthouse is located at: 330 E. Bay St...
What if I do not agree with the Inventory in a Florida Probate Case?
Posted on September 03, 2009This was included in version 7 of the Florida Probate Handbook as such I wanted to publish it on my blog for those of you who did not receive it. An accounting is required to provide notice of the time...
When do I have to File an Inventory in a Florida Probate?
Posted on September 02, 2009This was included in version 7 of the Florida Probate Handbook as such I wanted to publish it on my blog for those of you who did not receive it. The Personal representative shall file an inventory within 60 days...
Are your Estate Planning Documents up to date? How about your Florida Estate Planners?
Posted on August 28, 2009This morning I woke up ready to leave on a trip to NY with my family. We had had this trip planned for several months and my wife and I like to travel a lot. As I got out of...
Free Florida Probate Handbook
Posted on August 20, 2009Jacksonville Probate Lawyer, David Goldman has put together a Florida Probate Handbook that is being offered free to readers and visitors of his websites. If you would like a copy, visit the Free Florida Probate Handbook web page, fill...
Hurricane Season and Storage of Florida Estate Planning Documents
Posted on August 17, 2009Florida Estate Planning Documents can be lost during a hurricane or tropical storm. Just when a Florida Will, Power of Attorney, or Florida Living Will, Designation of Health care Surrogate & HIPAA release" target=new . You should protect your original...
Estate Planning & Asset Protection For Professional Athletes
Posted on August 13, 2009Florida Estate Planning for professional athletes is very different than with a traditional client. Most clients accumulate wealth over a long period and have advisers in place to manage their wealth. Financial advisers are typically managing their wealth in an...
Mandatory Arbitration Clause in Florida Trusts is valid per Florida Statute 731.401
Posted on August 12, 2009Trust Arbitration Clauses are common in Florida. In many states, they are not always enforced but Florida passed a law a few years ago that makes them enforceable in Trusts. Florida Statute 731.041 Arbitration of disputes.(1) A provision in a...
How to get a copy of a Will in Florida
Posted on August 03, 2009align="left" style="margin-right: 5px;" We often get calls from clients stating that they believe they are included in the will of a father, mother, or any decedent but have been unable to obtain a copy of the will to verify their...
What are reasonable fees for a Florida Personal Representative?
Posted on July 30, 2009In Florida, A personal representative shall be entitled to a commission payable from the estate assets without court order as compensation for ordinary services. The commission shall be based on the compensable value of the estate, which is the...
When Is It Time to "Service" Your Estate Plan?
Posted on July 23, 2009If you own a car, then you know it requires regular servicing in order to perform well and be reliable. More than likely, your car came with a recommended schedule for service, based on how many miles it has been...
Recording Florida Deeds after death
Posted on July 21, 2009Can a Florida Quit Claim deed be recorded after death? Generally any deed can be recorded at any time even after the death of the grantor. However there can be problems created by the delay in filing. First, we often...
Free Florida Probate Forms - Will they work?
Posted on July 19, 2009Are you searching for Free Florida Probate Forms? In most Florida Probate cases the personal representative or executor must hire an attorney. While this is not necessary in some other states, the Florida laws require it. A Florida Probate Lawyer...
Florida Probate with Living Trust - Is probate required?
Posted on July 16, 2009Is a Florida Probate required if the decedent had a living trust? Most people do not transfer all of their assets into a Florida Revocable Trust prior to their death. If their home, or other personal property was not transferred...
Forbes and Esatate Planning
Posted on July 16, 2009Forbes.com has an article on 10 issues dealing with Estate planning and items you should check within your own plan.. Forbes even includes a calculator that will tell you where your assets will go if you die without a will....
When is an Heir an Heir? Can forum Shopping Protect Your Heirs?
Posted on July 15, 2009Matthew Gardner an Estate Planning Lawyer who writes the Iowa Estate Plan Blog has an article on a child conceived after death and how his state and Social Security treats this child as not being an heir of the decedent....
When Do It Yourself Asset Protection Goes Wrong
Posted on July 14, 2009Attorney Kevin W Davidson of the Green Bay Wills, Trusts & Estate Planning Blog wrote an article on the pitfalls of Do it yourself asset protection where he talks about some of the problems with trying to protect your own...
IRA and Amnesty Program about to Expire
Posted on July 13, 2009A few months ago the IRS announced a voluntary disclosure program for undeclared foreign accounts. This six months program closes on September 23, 2009. For qualifying taxpayers who come forward and report their undisclosed foreign bank accounts and pay back...
Is a lawyer required for a Florida Enhanced Life Estate Deed?
Posted on July 12, 2009While in Florida a lawyer is not required to create a valid deed like a ladybird deed or Florida Enhanced Life Estate Deed it may be a good idea to have a lawyer or attorney review these specific document because...
Florida Asset Protection Lawyers can help structure assets
Posted on June 16, 2009Florida Asset Protection Attorneys can help structure the ownership of assets to protect from liabilities and creditors. Often individuals own a bulk of their assets individually or in a Florida Revocable Trust, or in a corporation. The assets and businesses...
Florida Probate: Who can be a Personal Representative?
Posted on June 08, 2009In Florida who can be a personal representative, or executor, of an estate?1. The personal representative could be an individual, bank, or trust company, subject to certain restrictions. 2. An individual who is either a resident of Florida, or is...
Florida Probate: What happens if there is no will?
Posted on June 07, 2009In aFlorida Probate, where the decedent did not have a will, Florida's intestate laws of succession define how property will be distributed between the person's family members. If there was a surviving spouse and no lineal descendants the spouse will...
What Asset Are Subject to Florida probate
Posted on June 06, 2009In Florida, Probate assets are those items in the decedent's name at death which contain no provision for automatic succession of ownership at death like those that are jointly owned or have a payable on death designation. For example:1. bank...
Obtaining a Copy of a WIll in Florida Before a Probate is Filed
Posted on June 05, 2009In Florida, the custodian of a will is required to file the will with the court having jurisdiction over the decedent within 10 day of learning that the testator is dead. As Florida Probate Lawyers we often have clients who...
Is Your Child Trust-Worthy?
Posted on June 03, 2009The Wall Street Journal has an article on Deciding if Your Kid is Trust-Worthy where they discuss using trust like a Florida Estate Planning Lawyer would use to protect your families assets. Part of the article is devoted to helping...
Prempro Cancer and Stroke Lawyer
Posted on June 01, 2009Prempro cancer? Recently a study concluded that long-term use of Prempro significantly increases the risk of stroke, blood clots, Prempro ovarian cancer, endometrial cancer, and breast cancer, while maximizing the risk for dementia and Alzheimer?s disease...
Hydroxycut Recall Attorneys
Posted on June 01, 2009Do You Have a Hydroxycut Drug Recall Lawsuit? Hydroxycut was recalled by the Food and Drug Administration on May 1, 2009 because of reports of liver damage, and other severe health problems which may result in the need for a liver transplant. Some of the symptoms of liver damage include vomiting, nausea, unusual tiredness, weakness, stomach or abdominal pain, itching, or loss of appetite...
Nursing Home Residents May Keep $250 Stimulus Payment
Posted on May 28, 2009Most people who receive payments for Social Security, Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or a Railroad Retirement or Veterans Administration disability pension, will receive $250 as part of the American Recovery and Reinvestment Act of 2009...
Tenants in Common without Right to partition and Valuation Discount
Posted on May 28, 2009When you own Florida property as Tenants in Common, each owner has a right to enter and use the entire property. Often one owner wants to sell their interest while another may not. This can lead to an action for partition where a court will order the property to be sold...
Florida wills and property in Puerto Rico
Posted on May 27, 2009Recently we ran across a situation where an individual in Puerto Rico died with a Florida Will . PR has some unique laws dealing with property and who will receive it under Puerto Rico's laws that can make a Florida Will or will created in another state invalid or ineffective for transferring property...
Lady Bird Deeds and stepped up basis (Florida Enhanced Life Estate Deeds)
Posted on May 26, 2009One of the most common questions people as about Florida Lady Bird Deeds (Florida Enhanced Life Estate Deeds) is whether upon the death of the grantor, the contingent beneficiaries receive a stepped up basis like they would receive it the property was to transfer under a will...
Payroll companies and the IRS- for Florida Small Businesses
Posted on May 25, 2009If you are using a payroll service, payroll company, or payroll agents you should be careful because the IRS has taken the position that a business is on the hook for unemployment taxes if the payroll agent goes bankrupt. Among the steps the IRS has recommended are the following:1...
FDIC Deposit Insurance extended to December 31, 2013
Posted on May 21, 2009Today it was announced that deposits at FDIC-insured institutions are now insured up to at least $250,000 per depositor through December 31, 2013. On January 1, 2014, the standard insurance amount will return to $100,000 per depositor for all account categories except for IRAs and other certain retirement accounts which will remain at $250,000 per depositor...
The fertile octogenarian: a reality?
Posted on May 20, 2009All lawyers who took estate planning in law school learned about the possibility of a 80 year old woman giving birth to a child. This mental exercise is just one of the unusual circumstances a Florida Estate Planning Lawyer might deal with in the drafting of Florida Estate Planning Documents...
Florida Summary Administration
Posted on May 18, 2009A Summary Administration in Florida is an abbreviated Florida Probate proceeding where estates with assets of less than $75,000 or those where the decedent has been dead for more than 2 years can simplify the probate process. We often find that people who die with a home or other property do not properly administer their estate at the time of death and must go back to clear up the title so that the property can be sold or transferred properly at some later date...
Power of Attorney Dangers - License to Steal
Posted on May 12, 2009A couple was recently charged with theft and elder abuse for taking money from their elderly parents, under authority of a power of attorney to pay for personal expenses. These included vacations, plane tickets, lodging and meals. Matthew D. Gardner an Iowa Estate Planning Lawyer wrote about this case and the increasing frequency of elder abuse in the past year...
Does the HIPAA Privacy Rule allow parents the right to see their children?s medical records?
Posted on May 09, 2009Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child?s personal representative when such access is not inconsistent with State or other law. There are three situations when the parent would not be the minor?s personal representative under the Privacy Rule...
Florida Wills and Trusts - What happens with each
Posted on May 08, 2009Often the decision of whether to use a Florida Will or Florida Revocable Trust depends on issues surrounding distribution of assets, disability, and death. This summary of issues should help you determine which is best for your circumstances. PrivacyWhat happens with a Will No privacy...
Keeping Mom and Dad Safe at Home
Posted on May 07, 2009Generally, elderly parents want to remain living in their own home. However, remaining in the home becomes a concern when children see their parents slowing down, perhaps even having trouble with handling stairs and doing general daily activities. Yet, with parents' mental and physical health currently not creating problems, there seems to be no imminent need to search out support services or other accommodations for aging parents...
Florida Wills and Trusts- Which is Better for me
Posted on May 07, 2009In Jacksonville and around Florida we are often asked about the differences between a Florida Will and a Florida Revocable Trust. Although each persons circumstances are unique, generally the following factors tend to determine which is better in relation to disability and death in relation to the cost of a Florida Probate or avoiding Probate in Florida...
Advantages of Using a Trust for Florida Estate Planning
Posted on May 06, 2009Estate planning can help deal with the proper use and distribution of your assets upon a disability or your death. Below are several of the advantages of using a Florida Revocable Trust for Disability and Death Planning. DISABILITY PLANNINGNo probate, so everything remains private...
Efforts to Avoid Probate Can Cause Problems
Posted on May 05, 2009In Florida all sorts of clerks, customer service people, insurance sales people, brokers, account managers, and other employees of financial institutions give customers advice about how to title accounts and name beneficiaries. In an effort to avoid probate, these seemingly harmless changes can cause many problems with estate plans...
Abuse of Florida Durable Power of Attorney
Posted on May 04, 2009Recently we have begun seeing more cases involving agents who abuse their power of attorney in order to benefit themselves. Most people do not realize that once they have become an agent for an individual, their duty is to act in the best interest of the individual and not for their own benefit...
Swine Flu and Estate Planning
Posted on April 28, 2009Today a client of mine in Mexico contacted me about the transfer of their membership interest in an LLC upon their death. He had recently been told he had the "Pig Flu" or Swine Flu as we call it in the United States. Hopefully his case is not bad and he will make a full recovery...
Keeping Guardianship and Beneficiary Designations Updated
Posted on April 27, 2009There are many times to update a Florida Will. Most updates are centered around significant life events like a wedding, divorce, new child, death in the family, or even moving to a new state. Two of the most important things to change in a will are the designations for guardians of minor children and the beneficiaries of your estate or heirs...
Helmsley estate: $136M to charity, $1M to dogs
Posted on April 22, 2009Helmsey's estate made 53 charitable grants this week. Most of the money was given to hospitals and for medical research. Only 1 Million was given to 10 animal and dog charities equally. These donations came after a New York judge ruled that the trustees for the Helmsley Charitable trust has the sole authority to decide which charities would benefit from the trust.
Faith-Based Estate Planning
Posted on April 20, 2009David A. Atraus, a Nevada Estate Planning Lawyer, has published a book titled Faith-Based Estate Planning: Our Values and Valuables. The book was written after contacting hundreds of religious clergy throughout the nation, and took him several years to write...
Probate and Guardianship fees may increase by thousands in Florida
Posted on April 15, 2009SB 1718 & HB 5117 dealing with funding the court would create new filing fees in probate and Guardianship cases that would range from $1,000 to $5,000, depending on the value of the estate of the person being protected. The increase in filing fees is linked to probate cases but includes all guardianship proceedings...
Digital Assets and Estate Planning
Posted on April 14, 2009Back in 2006 and 2007 I wrote several articles on Digital Assets and Estate Planning. Now that we are in 2009, there is even more need for Digital Asset protection in your Florida Estate Planning Documents. Digital assets are those that expire upon your death and are often associated with Email and website accounts...
Floirda Probate and Letters of Administration
Posted on April 14, 2009Often when someone dies, they have money in a bank account that does not have a joint owner or a payable on death designation (POD). These banks often tell family members that they need "Letters of Administration" to distribute the funds. While this may be trust in some cases, most Florida Probate Courts will only issue Letters of Administration for Formal Probate Cases...
Stop Florida Annuity Scammers from selling Life insurance as an investment
Posted on April 13, 2009The Palm Beach Post.com has an article which describes a recent trend in Annuities in which scammers sell and churn an insurance policy sold as an annuity in which there are very high surrender fees and limited access to the money for 10 or more years...
Assault Weapons Trust
Posted on April 12, 2009A new concept in Estate planning is creating a trust to protect the families firearms. For the past few years the public has been using NFA Firearms Trusts for the purchase and protection of Title II, those sold by a Class 3 SOT,firearms that are restricted by the NFA...
Reviewing wills and trust for compliance with Florida Law
Posted on April 11, 2009While Florida generally recognizes wills created in another state that were valid at the time they were created, it is often a good idea to have your will reviewed by a Florida Estate Planning Lawyer when you move to Florida. One problem we often run into is that guardians for minor children who reside in Florida must be a close relative or a resident of the state of Florida...
Florida Probate and Cleaning up the Mess
Posted on April 10, 2009One of the most difficult processes with a probate it dealing with all of the stuff that is left over. After all of the valuable assets have been collected and distributed there are still many items that are of value to some but often get thrown away because of the difficulty and cost in dealing with them...
HIPAA - Part II What are Advance Health Care Directives and What do they have to do with HIPAA?
Posted on April 09, 2009Roy Doppelt, a California estate planning lawyer, wrote an article on HIPAA and Advanced Health Car Directives. Much of his information applies to Florida Advanced Health Care directives. Roy states that an Advance Health Care Directive appoints a family member or friend to make health care decisions for you if you become physically or mentally unable to make them for yourself...
Estate Planning and Fraudulent Seminars
Posted on April 03, 2009It seems like ever few months we hear about another company who provides living trust seminars to the public and scares them into purchasing unnecessary trusts. Another "Trust Mill" has been found guilty of practicing law without a licence by masquerading as qualified financial advisers, estate planners, lawyers, and paralegals to exploit and prey upon senior citizens with the creation and selling of unnecessary and often useless living trusts...
Irrevocable LIfe Insurance Trusts Explained
Posted on April 02, 2009Gerey Byer of the Wills, Trusts & Estates Professors Blog covered an article on ILITS which discusses issues with Irrevocable Life Insurance Trusts (?ILITs?) and some of the important issues of determining the proper trustee and which state law to use...
Top 100 Twitter Feeds for Law Students
Posted on April 02, 2009Our twitter feed http://www.twitter.com/guntrustlawyer has been named one of the Top 100 legal feeds
How to Transfer a horse to a Florida Revocable Living Trust
Posted on March 27, 2009Often each state will have an association that keeps track of horses and their owners. For example in TN there is the Walking Horse Owners' Association. Thoroughbreds are kept track of in the Jockey Club. The transfer of ownership for all registered Thoroughbreds may be reported to The Jockey Club by completing a Transfer of Ownership Form or through Interactive Registration at http://registry...
Divorce and effect on Revocable Trust under Florida Law
Posted on March 06, 2009Often a Florida Revocable Trust is not modified promptly upon a divorce. If the trust is subject to Florida law, Florida Statutes 736.1105 can amend the trust when the prior spouse is named as a beneficiary and the other spouse creates the trust. 736...
What Property is Exempt under a Florida Intestate Succession or Intestate Probate?
Posted on March 02, 2009Do I need a Florida Probate?
Posted on February 20, 2009If a person dies and owns anything that does not transfer upon death like a bank account, car, home, retirement account, or accounts receivable a Florida Probate is necessary to transfer these assets to the rightful owner. It does not matter if they have a will, a trust, or any other estate planning documents...
Reviewing wills and trust for compliance with Florida Law
Posted on February 19, 2009While Florida generally recognizes wills created in another state that were valid at the time they were created, it is often a good idea to have your will reviewed by a Florida Estate Planning Lawyer when you move to Florida. One problem we often run into is that guardians for minor children who reside in Florida must be a close relative or a resident of the state of Florida...
Eight Ways to Lose a Noncompete Case
Posted on February 13, 2009Jay Shepherd who writes the Gruntled Employees Blog has a good article on the "Eight Ways to Lose a Noncompete Case." Here is his list of the 8 most common ways companies to lose a noncompete case: 1. Putting too much faith in the belief that the court will enforce the language of the noncompete agreement as written...
Florida Parents May be liable for Children?s Car & Motorcycle Accidents
Posted on February 12, 2009Do you remember when your child turned 15 and you or your spouse brought them to get their first Florida drivers license. Did you read the fine print? You may not have realized that you agreed to financial liability if the damage is due to negligence or willful misconduct of the minor...
George Washington's Estate Plan
Posted on February 11, 2009Florida Estate Planning is important. Planning for Estate taxes has been part of our culture and one of the earliest examples and pointed out by Christopher Berry, of the Michigan Estate Planning Blog, is found when looking at George Washington's Will...
Automobile Trust and Florida Asset Protection
Posted on February 11, 2009Most residents of Jacksonville and Florida could benefit from a Florida Vehicle Trust if they have children who drive their vehicles or in the case that a judgment is in excess of their insurance limits. A Florida Vehicle Trust protects your assets by holding title in a specifically designed trust...
Planning for Florida Residents
Posted on February 11, 2009Although these are difficult times and the experts acknowledge that we are in a recession it is just as important to plan for the future. The current economic situation may make the need for long term care planning even more important than in the past...
Assault Weapons Trust
Posted on February 07, 2009A new concept in Estate planning is creating a trust to protect the families firearms. For the past few years the public has been using NFA Firearms Trusts for the purchase and protection of Title II firearms that are restricted by the NFA. Most gun enthusiast expect there to be a renewed ban on Assault Weapons that becomes permanent...
Avoiding Probate, Taxes & Remaining Eligible for Medicaid
Posted on February 03, 2009As our population continues to age, more and more individuals are concerned about how they will pay for care as they get older. Often individuals and families find that they are unable to take care of themselves and need assistance. As medical costs have continued to rise, so have the costs of home health care...
Florida Medicaid Asset Protection Trust
Posted on February 03, 2009One very useful Medicaid planning technique involves the creation of an irrevocable Medicaid Asset Protection Trust. With a Medicaid Asset Protection Trust a person or couple can transfer some of their property to the trust to hold and manage for their benefit during their live with the remainder paid to their family after their death...
Gifting changes required for POA's in NY
Posted on February 02, 2009There has been an effort for many years in NY to reform the POA laws to make agents more accountable and reduce the incidents of financial abuse. Governor Patterson signed the bill into law last week and it is effective in less than 30 days!! Agents are now required to sign POA and Principal must sign an addendum to grant gifting powers to agent...
Trustee's Duty to Disclose
Posted on February 02, 2009Gerry Beyer has an article on a Trustee's Duty to Disclose and the rise in Surcharge Litigation. Dana G. Fitzsimons Jr. recently published an article - Navigating the Trustee's Duty to Disclose, Prob. & Prop., Jan/Feb 2009, at 40. If you are managing wealth for your children, this should be a concern for you...
Leaving Assets to a Child in Prison
Posted on January 25, 2009One should be careful when leaving assets to someone who is in prison. They often have fines assessed against them and the assets can be taken for these fines. Sometimes it is beneficial to leave assets to the incarcerated persons heirs. While many trusts can be created to provide for creditor protection, these trusts usually fail when the government tries to take the assets...
16 States You Don't Want To Die In.
Posted on January 23, 2009Forbes.com has an article on where not to die. Sixteen states and the District of Columbia (shaded in red) impose their own estate taxes. The dollar amount exempted from tax (in black) and the top tax rate (in yellow) vary by state. Eight states (shaded in orange) levy an inheritance tax, meaning the tax rate (in black) depends on who gets the money...
Do it yourself Estate Planning: Bad News Part 10
Posted on January 20, 2009Bad will articles popping up all over the place Seems like everywhere you turn these days there is another article on how Quicken and other online estate planning tools are a bad idea. I will begin to compile a list of other articles on this topic below my examples...
Amber Alerts for Children - Silver Alerts for the Elderly
Posted on January 20, 2009First there were Amber Alerts, now Florida along with a dozen other states have adopted the Silver Alert. A Silver Alert is circulated when a person 60 or older who suffers from Alzheimer's, dementia, or another cognitive impairment goes missing.There is legislation creating a national program that is pending in Congress...
Motion to Kick My Ass
Posted on January 16, 2009The Wills, Trusts, and Estates Prof Blog had a posting on an unusual motion by a pro se plaintiff. In the case Washington v. AA. Allamo, the judge imposed sanctions on the plantiff for filing a motion entitled "Motion to Kick My Ass".
Do you have an interesting experience with a will?
Posted on January 14, 2009The Wills, Trusts, and Estates Prof Blog had a posting from someone looking for interesting WIll issues. I thought some of my readers may be interested in contacting this person. Hello, I'm a researcher working on a documentary series about people's first-hand experiences with a family will...
Seven Practical Options for Family Seven Practical Options for Family Philanthropy
Posted on January 13, 2009There are at least seven options for family philanthropy, each of which has its own strengths and weaknesses from tax, regulatory, and personal perspectives. Some are extremely complex while others are simple. 1. Private Foundation According to the IRS in 2006 65% of the 80,000 private foundations had assets of less than 1 million dollars...
Common Asset to Review with Special Needs Trusts
Posted on January 13, 2009The following fifteen common assets and applicable beneficiary designations should be reviewed to make sure they will not be paid (or given) directly to the special needs child: (1) IRA, 401(k) and other retirement benefits. (2) Life insurance (including employer-provided life insurance) benefits...
Coordinate Other Relatives? Estate Planning Documents With The Parent?s Third- Party Created and Funded Special Needs Trust.
Posted on January 13, 2009The principal purpose of a third-party created and funded SNT is to provide an inheritance for the special needs child without risking the loss of important government benefits such as SSI, Medicaid, etc. Consequently, it is important that grandparents and other relatives (including the siblings of the special needs child) not leave an inheritance outright to a special needs loved one...
Benefits of An Inter-Vivos Stand Alone Third-Party Created and Funded Special Needs Trust.
Posted on January 13, 2009The thirteen benefits of an inter-vivos stand alone third-party created and funded SNT are: (1) The trust can be established by the parents (or by any third party, such as the grandparents) for the benefit of the special needs child. (2) The trust provides for the investment and management of the special needs child?s inheritance by a third party - the trustee...
Alternatives To A Stand Alone Inter-Vivos Third-Party Created and Funded Special Needs Trust
Posted on January 13, 2009An alternative to a stand alone third-party created and funded SNT is to have the parents? last will and testament or their revocable living trust contain third-party created and funded SNT provisions.
Appoint A Trust Protector For A Third-Party Created and Funded Special Needs Trust.
Posted on January 13, 2009A third-party created and funded SNT can have a trust protector. At a minimum, the trust protector should can have the power to: (i) direct the trustee?s actions; (ii) receive financial-investment statements and accountings; (iii) terminate the trust (and have the assets be distributed to the remainder beneficiaries), (iv) remove and replace a trustee, and (v) direct or approve the reformation or amendment of the trust to reflect changes in the law and in order to comply with the trustmaker?s intent and purpose...
Selecting The Right Trustee For A Third-Party Created and Funded Special Needs Trust Is Important.
Posted on January 13, 2009The trustee of a third-party created and funded SNT is given complete discretion in making distributions to or for the benefit of the special needs child. Thus, who should serve as the trustee of a third-party created and funded SNT is important. The selection of the trustee involves many considerations, including the trustee?s ability to understand and respond to the needs of the special needs child; the trustee?s knowledge of government benefit programs and the effect that trust distributions will have on the special needs child?s government benefits; the trustee?s health, integrity, reliability and financial acumen; the trustee?s potential for a conflict of interest if the trustee is a current or remainder beneficiary of the trust; the potential for adverse income and transfer tax consequences if a family member serves as a trustee and is also a current or remainder beneficiary of the trust, etc...
Estate Planning Options Available To Special Needs Families
Posted on January 13, 2009There are five estate planning options available to parents concerning their special needs child: (1) Distributing assets outright to the special needs child (not recommended since the assets may disqualify the child from receiving means-tested government benefits); (2) Disinheriting the special needs child (generally not recommended since the child will have no ?safety net? if government benefits are subsequently reduced or eliminated); (3) Leaving property to another family member with the ?understanding? that the property will be used for the benefit of the special needs child (generally not recommended since the arrangement is not legally enforceable and the sibling?s creditors (including a potential ex-spouse) may be able to seize the assets); (4) Establishing a third-party discretionary support trust for the special needs child (generally not recommended since the trust will, in many states, disqualify the child from receiving means-tested government benefits); and (5) Establishing a third-party created and funded SNT for the special needs child (highly recommended since the trust will not disqualify the child from receiving means-tested government benefits)...
Tax Planning For A Special Needs Family Should Not Be Overlooked
Posted on January 13, 2009Tax planning should not be ignored when preparing an estate plan that involves a special needs child. There is a general (and incorrect) assumption among some estate planners that taxes are of little or no concern to families of special needs children...
Five Essential Estate Planning Documents For A Special Needs Family
Posted on January 13, 2009Five Essential Estate Planning Documents For A Special Needs Family. At the minimum, a special needs child deserves a parent?s continued stewardship and guidance, even though the parent may be incapacitated or deceased. Therefore, the parents of a special needs child should typically have the following five estate planning documents prepared: (1) Last will and testament...
Unique Estate Planning Challenges For Special Needs Parents
Posted on January 13, 2009In addition to the usual hurdles that parents face when preparing an estate plan (e.g., who should be the guardian, trustee, executor, etc.), the parents of a special needs child are faced with five unique estate planning challenges: (1) How to provide for all of their loved ones without jeopardizing the special needs child?s current (or potential) eligibility for means-tested government benefits such as SSI and Medicaid; (2) How to design an estate plan that supplements the special needs child?s means- tested government benefits and enhances the quality of the special needs child?s life; (3) How to treat the other children equitably while adequately providing for the special needs child; (4) How to make sure there are sufficient funds available at a parent?s death to care for the special needs child; and (5) How to provide for the proper supervision, management, and distribution of an inheritance for the special needs child through a third-party created and funded SNT Of these five unique estate planning challenges, above items 4 (sufficient funds) and 5 (proper supervision and management of the funds) typically prove to be the most difficult to implement...
Heckerling Institute on Estate Planning starts today in Orlando Florida
Posted on January 12, 2009The University of Miami School of Law?s Heckerling Institute will host the 43rd Annual Estate Planning Conference from January 12 ?16, 2009 at the Orlando World Center Marriott Resort & Convention Center. The Heckerling Institute on Estate Planning is the nation?s leading conference for estate planning professionals...
STATE ?DECANTING? STATUTES
Posted on January 12, 2009Seven states have enacted statutes that permit a trustee with discretion to distribute principal of a trust to exercise the discretion by transferring principal to a new trust, which may have terms different than the original trust. They are Alaska, Delaware, Florida, New Hampshire, New York, South Dakota and Tennessee...
22 States have inhertance tax in 2009
Posted on January 12, 2009The following states will have an inheritance tax in 2009 Estates in excess of $3,500,000: NC, VT $3,000,000: OK (tax expires after 2009) $2,000,000: CT, IL (tax expires after 2009), WA $1,000,000: DC, KS (tax expires after 2009), ME, MD, MA, MN, NY, OR, TN $ 675,000: NJ, RI $ 338,333 OH $ 0: IA, IN, KY, PA...
Rollovers and Plan-to-Plan Transfers by the Participant
Posted on January 12, 2009A retirement plan distribution is not taxed in the year received if it is ?rolled over? to the same or a different retirement plan or IRA, if various requirements are met. § 402(c)(1). A rollover means either: A. 60-day rollover. A distribution from one plan or IRA to the participant (or his surviving spouse), followed by the participant?s (or spouse?s) redepositing the distribution in the same or another plan or IRA; or B...
Special Distributions for retirement benefits for Spouse.
Posted on January 12, 2009There are some special issues with naming your spouse or leaving retirement accounts for participants spouse.1) Can delay distributions until spouse reaches 70 1/2. 2) If the spouse dies prior to reaching 70 1/2 the distributions will have to be made within 5 years...
How to compute MRDs: Life expectancy of beneficiary
Posted on January 12, 2009As long as the sole designated beneficiary is not the surviving spouse the RMD is the life expectancy of the designated Beneficiary. Each years MRD's is computed by dividing the prior year-end account balance by a life expectancy factor (called the ?Applicable Distribution Period? (ADP) or divisor) obtained from an IRS table, with two significant differences: A...
Stretch Beneficiaries and Complications with Estate Planning
Posted on January 12, 2009Some of the common issues with naming beneficiaries on retirement accounts: 1) Make sure you name a beneficiary on a retirement account or estate will become beneficiary. 2) Multiple Beneficiaries on accounts can cause problems because all Beneficiaries must take the ADP of the oldest beneficiary 3) Lump sum distribution requirements- can be transfered to IRA...
Some individuals still will have a RMD's in 2009
Posted on January 12, 2009We previously reported that there were no RMD (required minimum distribution) in 2009. This turns out not to be trust in at least one case. If you turned 70.5 in 2008 and did not make your RMS in 2009 as required. You must still make your RMD by April 1, 2009
Ending Underwater GRATS
Posted on January 12, 2009Given that many GRATS are now underwater and will not likely recover. Grantor can purchase assets, acknowledge that the GRAT will fail and create a new GRAT with the assets. If the GRAT contains an annuity payment and the grantor believes that that the underlining asset will still preform over the term of the GRAT, the annuity payments can be taken and new GRATs can be formed with these payments...
Admitting a Lost Will
Posted on January 11, 2009Professor Gerry Beyer, author of the WIlls, Trust & Estates Professor Blog wrote an article where a Texas court admitted a copy of a will which gave most of the assets to the decedents sister instead of the children. The will had been seen shortly before the decedents death and many people had access to it...
Jacksonville Non-Compete Agreements
Posted on January 07, 2009As a Jacksonville Florida non-compete Lawyer, I often am asked about some of the provisions that are contained in a Florida employment agreement. I found an article on the Texas Non-Compete Law Blog, entitled Texas Executive Employment Agreements: Checklist for Employees and thought that the information would be relevant to my Jacksonville Clients...
Estate Planning and Craigslist
Posted on January 06, 2009I have begun seeing attorneys advertise on Craigslist. Here is the latest one in San Francisco. This San Francisco Estate Planning Lawyer is offering a 25% off on California Estate Planning. I have tended to take a different approach and price my services at lower fixed rate than many of the Jacksonville Estate Planning Lawyers...
Florida Probate Fees
Posted on January 05, 2009Under Florida Law, the fees for a probate must be reasonable. Many lawyers charge the statutory rates of approximately 3% of the estate. This fee schedule is only a guideline and is not necessarily reasonable. In addition, we have seen probate fees that include the percentage on non probate assets like a homestead...
Are Adopted Adults Considered "decendants"?
Posted on December 29, 2008A common question with Florida Estate Planning is whether an adult who is adopted is considered a child. We often recomend that out clients places language in their Florida Wills or Florida Revocable Trusts that deal with these issues. The typical language deals with adopted children above or below a certain age...
NFA Gun Trust
Posted on December 28, 2008As many of you have noticed the Firearms articles on this site have been transitioned to the NFA Gun Trust Lawyer website. If you are in Florida or South Carolina and are looking for a Florida Gun Trust Lawyer or South Carolina Gun Trust Lawyer Contact us or visit NFA Gun Trust Lawyer website for more information...
Jacksonville Florida Guardianship Process
Posted on December 27, 2008Having a Florida Guardian appointed involves two separate court determinations. The first court proceeding is the Incapacity proceeding where the Florida court determines whether the person is incapacitated as defined by Florida law. The second Guardianship proceeding is where the Florida court actually determines who will serve a guardian...
Electronic Service through Socail Networking site
Posted on December 20, 2008Recently an Australia Judge allowed a defendant in a law suit to be served copies of court papers by their Facebook account. The Legal Blog Watch has an article posted by Carolyn Elefant - Court Papers Served By Facebook After the judge was satisfied that the defendant was the same person who owned the Facebook account and the defendant was unable to be located, the judge allowed the defendant to be served through their Facebook account...
Confusion over 2008/2009 RMD Suspension by Congress
Posted on December 19, 2008There seems to be articles misquoting the Suspension of RMDs by Congress. Congress has not suspended the 2008 RMDs. As of this time The Worker, Retiree, and Employer Recovery Act of 2008 is awaiting the President's signature. One of the provisions of the bill is the suspension of required minimum distributions (RMDs) for 2009 ONLY...
Jacksonville Mediations can save time and costs
Posted on December 18, 2008When is a Jacksonville Mediator helpful in resolving a Florida lawsuit? After your Jacksonville attorney has filed suit, or you have been served with one you may quickly find that thousands of dollars are spend in attorney?s fees and costs. There are fees for pleadings and counter-pleadings, requests and responses to interrogatories and requests for admissions, depositions and motion hearings...
Guardianship of the Elderly in Florida and other States
Posted on December 18, 2008Guardianship is a relationship created by state law in which a court gives one person or entity (the guardian) the duty and power to make personal and/or property decisions for another (the ward). An article written by Brenda K. Uekert and Thomas Dibble...
Florida Attorney General Warns Seniors of dangers with Free Lunch investment Scams
Posted on December 18, 2008Senior citizens in Florida are being warned to think before going to financial planning seminars and estate-preservation workshops that offer a ?free lunch? or "free dinner" to lure seniors to attend. The Florida AG's Office has received more than a dozen complaints from seniors enticed to attend a free meal that actually turned out to be a high-pressure sales pitch for investments that may be entirely inappropriate based on age and financial circumstance...
Costco Breach of warranty on Plasma and LC TV purchases.
Posted on December 17, 2008About a year ago Costco changed their return policy on Electronics. Their prior policy was that all electronics had a lifetime warranty and satisfaction guarantee. Simply keep your receipt and they would refund the full price paid if your product ever broke or needed to be returned for any reason...
Floirda Medicaid and New Caregiving website
Posted on December 17, 2008Leanna Hamill, a Massachusetts Estate Planning and Elder Law Attorney, has an article on a new website Videocaregiving.org. She states that the videos are designed to be short, simple, and direct. They easily accessed by users 24 hours a day and cover the tasks and daily activities for caregivers...
Uniform Probate Code Authorizes Notarized Wills
Posted on December 17, 2008The UPC or Uniform Probate Code has been modified to accept a Notarized Will as valid. Lawrence W Waggoner, wrote an article "The UPC Authorizes Notarized Wills", 34 ACTEC 83 (Fall 2008). (This article was brought to my attention by Gerry Beyer of the Wills, Trust & Estate professor Blog) The article begins by reviewing the history of attested wills which were derived from the English Statute of Frauds Act of 1837...
Florida Probate: Am I entitled to an inventory and accounting.
Posted on December 15, 2008In Florida if you are a beneficiary a potential heir, you are entitled to an inventory and accounting. As An Atlanta Georgia Estate Planning Lawyer wrote in their article AS A BENEFICIARY OR HEIR OF A GEORGIA PROBATE ESTATE, YOU ARE ENTITLED TO AN INVENTORY AND ACCOUNTING IN GEORGIA PROBATE COURT ? REMEMBER, ?POSSESSION IS NINE-TENTHS OF THE LAW?, SO ACT QUICKLY AND WITH KNOWLEDGE, it is important to act fast...
Problems with Trust Kits
Posted on December 14, 2008A Michigan Estate Planning Lawyer Blog has written another article on Problems with Michigan Trust Kits. While we have reported on these issues many times in Florida, there appear to be similar problems in other states. Christopher Berry, a Michigan Estate Planning Attorney, points out that Michigan citizens have lost over $200,000 because of poorly drafted Revocable Trust ...
What is a Florida Irrevocable Life Insurance Trust
Posted on December 11, 2008Life insurance is counted as part of your taxable estate. Many people understand that life insurance is income tax free to the beneficiaries, but the do not know that the proceeds of a life insurance policy are usually counted as part of the decedent's estate for Federal Estate Tax purposes...
Asbestos Removal and Greener Alternatives
Posted on December 10, 2008If you are a Trustee or Guardian over property in Florida There are many things to consider when remodeling or purchasing an older home, which is common in the real estate industry. I recently became aware of problems with some homes built before 1980 because they have a strong likelihood of containing asbestos...
What is the Difference betweeen a Florida Revocable Living Trust and a Florida Irrevocable Trust
Posted on December 10, 2008a Florida Revocable Trust is a trust created during the life of an individual which can be modified, amended, or revoked at anytime during their life. Often they are used to: 1. avoid Florida Probate; 2. Keep your assets and decisions private; 3. Simplify after death distributions; 4...
Trust Litigation
Posted on December 04, 2008Florida Trust Litigation involves disputes between beneficiaries or potential beneficiaries of assets in ones estate or trusts (a Trust Contest). Trust litigation in Florida is most often centered around Mistakes in Execution, Undue Influence, or Lack of Capacity...
Myth: A Florida Revocable Trust Avoids Probate
Posted on December 03, 2008While a Florida Revocable Trust can avoid the necessity for a Florida Probate to be filed, there are often circumstances that require a Probate. A Florida Revocable Trust only eliminates the need for a probate when it is funded and to the extent that your assets are inside the trust prior to death...
Are Fees Charged on the Value of a Home in a Florida Probate?
Posted on December 02, 2008In Florida, the question of whether an attorney should charge fees based on the value of the home or land is a common one. The answer to this question depends on whether the Home is considered a homestead. A Florida Homestead is a constitutionally protected piece of property which is exempt from being counted as an asset of the decedent in a Florida Probate...
Grantor Retained Annuity Trust (GRAT)
Posted on December 02, 2008A GRAT or Grantor Retained Annuity Trust is an estate planning technique that minimizes the tax liability existing when transfers of estate assets occur. Under a GRAT, an irrevocable trust is created for a certain term or period of time. The individual establishing the trust pays the taxes associated with income and the transfers...
Florida Elective Share Litigation
Posted on December 02, 2008In Florida, a surviving spouse is usually entitled to take an elective share of their spouse's estate. This is to prevent one spouse from disinheriting the other. Unless there is a valid Prenuptial or Post Nuptial agreement in place, the surviving spouse is entitled to take 30% of the spouses entire elective estate...
Florida Will Contest
Posted on December 01, 2008Florida Will Litigation involves disputes between beneficiaries or potential beneficiaries of assets in ones estate or trusts (a Will Contest). Trust litigation in Florida is most often centered around Mistakes in Execution, Undue Influence, or Lack of Capacity...
What is a Personal Representative in Florida?
Posted on December 01, 2008In Florida the personal representative is the person named in a will collect and distributed the assets of a person after death. In a Florida Probate this typically involves taking care of and real or personal property, paying legitimate outstanding bills and filing and paying taxes...
Elder Law Mediation Resolves Family Conflicts
Posted on November 26, 2008The National Care Planning Council has an article on Elder Law Mediation as a non-adversarial approach to solving disputes. Mediation is a process of bringing two or more disputing parties together and having them mutually negotiate a solution to their disagreement...
FDIC Insurance $250,000 is only Temporary
Posted on November 25, 2008The Emergency Economic Stabilization Act of 2008 temporarily raises the basic limit on federal deposit insurance coverage (FDIC) from $100,000 to $250,000 per depositor. WARNING the basic deposit insurance limit will return to $100,000 after December 31, 2009...
FDIC Extends Full Coerage to all IOTA trust accounts
Posted on November 24, 2008The FDIC has extended FULL insurance coverage to all Florida IOTA trust accounts, regardless of amount on deposit or number of clients. The unlimited FDIC insurance is available at all financial institutions that participate in the FDIC's Transaction Account Guarantee Program...
2009 Annual Gift Tax Exclusion $13000
Posted on November 24, 2008The 2009 IRS annual gift tax exclusion is increasing form $12,000 to $13,000 for 2009. This increase means that more money can be given away for estate tax planning purposes. For example, a married couple with two married children will be able to give away up to $104,000 in 2009 with no gift tax implications...
Florida Pet Lemon Law
Posted on November 06, 2008Jacksonville Criminal Defense Lawyer, Cynthia Veintemillas, wrote an interesting article about Criminal Liability and the Florida Pet Lemon Law. If you are in the business of buying or selling pets in Florida you may want to have your Florida contracts reviewed for compliance with the Florida Pet lemon Law...
Free Florida Probate Forms? Do they exist?
Posted on November 06, 2008Often after someone dies in Florida, their families look to save money and open handle the probate without the use of a lawyer. In some states this is permitted, but in most cases Florida does not permit an individual to represent themselves in a Probate Proceeding...
Florida Probate of Will admitted to another state.
Posted on November 05, 2008Sometimes it is necessary to admit a will in Florida when the original is not available because it was admitted in another state. The most common occurrence of this involves a Florida ancillary administrations. This is when the decedent lived in another state and there was an initial probate in that state, but the decedent owned real property in Florida...
Florida Probate: When is an attorney required to represent the Personal Representative
Posted on November 04, 2008In Jacksonville and around Florida an attorney is required under Florida Probate Rule 5.030 unless the personal representative remains the sole interested person. The attorney must be licensed to practice law in Florida. If you need a Jacksonville Probate lawyer or a Florida probate Attorney Contact us to see if we can help you...
How long does it take for a Summary Administration in Florida?
Posted on November 04, 2008Short Answer: A Summary Administration probate usually takes just over 3 months but can take 6 or more depending on the circumstances. Long Answer: It depends on the facts and circumstances of each situation. In some areas of Florida the Judges require or allow for differing procedures this causes some probate administrations to take longer than others...
River Garden Foundation Gala In Jacksonville
Posted on November 03, 2008The 16th annual River Garden Gala will be held on Saturday November 8th, 2008 at the Sawgrass Marriott Resort. The Sawgrass Marriott Resort is at 1000, PGA Tour Boulevard, Ponte Vedra Beach, Florida. This event is to benefit River Garden Wolfson Health & Aging Center and is a Black Tie event for more information on the fund raiser call (904) 262-1818, ext...
Florida Trust mills and Michigan trust mills
Posted on November 03, 2008Florida has the same problems that have been identified by Christopher Berry, An Estate Planning Attorney in Michigan who writes the Estate Planning in Michigan Blog. Christopher recently wrote an article on The Problem with Michigan Trust Mills where he describes an occurrence that happens all over the country...
Who can be a Florida personal representative?
Posted on October 30, 2008In Florida what happens to persons assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent's estate is dealt with under Florida's Intestate statutes. Even if a Florida resident dies in intestate, the decedent?s assets will be transferred to their family members...
Florida probate law and dying without a will
Posted on October 30, 2008In Florida what happens to persons assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent's estate is dealt with under Florida's Intestate statutes. Even if a Florida resident dies in intestate, the decedent?s assets will be transferred to their family members...
Who presides in matters of Florida probate?
Posted on October 29, 2008When a decedent?s assets go into probate in Florida the Florida Probate Case will be in the county court where the decedent maintained his or her domicile. Pursuant to Florida probate law a judge will normally decide and rule on the validity of a will...
Florida Will leaves everythign to ex wife
Posted on October 28, 2008In Florida, if you were married when a will was created by your spouse, a subsequent divorce will treat you as predeceasing your spouse in most cases. Even if you were living with your ex spouse, engaged, or had a wedding date planned, a will executed before the divorce would not be valid in regards to anything devised from one spouse to the ex-spouse...
Using Quicken to prepare a trust: The good, the bad, and ugly!
Posted on October 27, 2008I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advise of council and the problems with online document preparation services like LegalZoom and RocketLawyer...
Jacksonville Criminal Lawyer
Posted on October 25, 2008Jacksonville Criminal Lawyer, Cynthia Veintemillas was hired by the Apple Law firm to do Florida Criminal Defense. In the past the Firm has concentrated on Florida Estate Planning, Florida Asset Protection, Florida Guardianships, and Florida Probate cases.
Free Florida Durable Power of Attorney and related problems - Quicken 2009 Florida Problems (part 1)
Posted on October 16, 2008I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advise of council and the problems with online document preparation services like LegalZoom and RocketLawyer...
Charitable IRA rollovers are back
Posted on October 15, 2008The provision allowing IRA owners over age 70 ½ to transfer up to $100,000 of their IRA directly to charity has been RETROACTIVELY extended through the end of 2009 (as if it never expired). This provision was part of the massive bailout legislation officially known as the ?Emergency Economic Stabilization, Energy Improvement and Extension, and Tax Extenders and AMT Relief Acts of 2008? It is so far being referred to in the short version as The ?2008 Economic Stabilization Act? H...
Medicare Enrollment Starts November 15, 2008
Posted on October 15, 2008It?s that time, once again, to make changes to Medicare options. According to CMS, which is the government entity that oversees Medicare, the six weeks from November 15, 2008 through December 31, 2008 is a hectic time of the year otherwise known as the Annual Election Period (AEP...
NEW FDIC Rules for Inter Vivos Trust Accounts
Posted on October 14, 2008On September 26, 2008, the FDIC issued interim final regulations entitled Deposit Insurance Regulations; Living Trust Accounts. The interim rules amend 12 CFR 330 were effective immediately. The New regulations make it much easier to determine coverage when the bank has less than $500,000 under the trust and trustee's accounts: The FDIC's main goal in implementing these revisions is to make the rules easier to understand and apply, without decreasing coverage currently available for revocable trust account owners...
Factors for Undue Influence in a Florida Will and Inter Vivos Transfers
Posted on October 13, 2008In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court stated to raise the presumption of undue influence, a plaintiff must show a confidential relationship between the donor and the donee and active procurement of the gift. Because courts have found that a confidential relationship exists in most relationships, the real issue comes down to active procurement of the gift...
Find a Florida Probate Attorney
Posted on October 07, 2008How do you find a Florida probate Attorney? It is important to look for an attorney within the state where the decedent was domiciled at the time of their death. The type of lawyer that should be used will depend on what the case will involve. If there is expected litigation, you should choose a Florida probate litigation attorney...
Estate Settlement
Posted on October 06, 2008Florida Estate Settlement is the process of gathering the assets of an estate and distributing them to the creditors and beneficiaries of the estate. In Florida this process is called a probate and generally requires the use of a Florida Probate Lawyer...
Jacksonville DUI Lawyer
Posted on October 02, 2008Jacksonville DUI Lawyer, Cynthia Veintemillas was hired by the Apple Law firm to do Florida Criminal Defense. In the past the Firm has concentrated on Florida Estate Planning, Florida Asset Protection, Florida Guardianships, and Florida Probate cases.
Notice of ownership or control change now required in Florida transactions involving property
Posted on September 18, 2008Florida Statutes 193.1556 requires that any person or entity that owns property under Florida Statute 193.1554 or Florida Statute 193.1555. This may affect some Florida Enhanced Life Estate Deeds. Under Florida Statute 193.1554(5), If the property is nonhomestead residential property, there is an exemption for the transfer between husband and wife, including transfer to a surviving spouse or a transfer due to a dissolution of marriage...
Step-Siblings & Half Bloods in Florida Inheritance
Posted on September 12, 2008Florida probate cases often involve situations where the decedent has step-siblings or half blood siblings. Under Florida's intestate statutes a step brother or sister would not receive any share of the decedent's estate, but a half blood (one related by one parent) would receive 1/2 as much as a child that was related by both parents of the decedent...
How to deal with greedy Trustees in Florida: Trustee Removal
Posted on September 11, 2008Greedy Trustees can be a problem in Florida Probate Litigation and Florida Trust Litigation. Often the Trustee must be removed to resolve the issues. Adrian Thomas a Florida lawyer who specializes in Florida Trust and Probate Litigation sent me an article where he discusses individual and corporate trustees...
Estate Planning Attorneys
Posted on September 10, 2008There is a new site which is putting together a list of Estate Planning and Probate professionals including lawyers for each state. You can find them at www.Estate-Attorneys.net.
Where should a probate be opened. in Florida
Posted on September 10, 2008If a persons usual place of dwelling was in Florida then the original probate should be opened in Florida. We see cases where someone is in the process of or has just moved to Florida and the issue of where to open a probate becomes more complex. In those instances where it may be difficult to determine the exact residence of the decedent there are several factors that should be evaluated to determine the residence...
Florida's Anti lapse Statute: A devise to someone who predeceases the decendent.
Posted on September 09, 2008In Florida if a devise in favor of a beneficiary who predeceases the testator will fail unless there is clear intent or in certain relationships. Under Florida Statute 732.603 a devise to a grandparent or a descendant of a grandparent of the testator does not lapse but would be distributed per stirpes UNLESS the testator gift is conditioned on the person surviving the testator or the testator provides for a substituted or alternative beneficiary...
Liability of Surving Spouse for Claims Against Decedent in Florida
Posted on September 08, 2008In Florida, the surviving spouse is not liable for claims against the decedent. Under the common law a husband was responsible for the deceased wife's expenses for necessities, last illness, and funeral expenses. At common law, a married woman's legal identity merged with that of her husband, a condition known as coverture...
Florida Defective Wills: Invalid Personal Representative
Posted on August 15, 2008Although the state of Florida accepts wills created in other states when they were valid in the state where created, not all of the will may be valid. Recently, I ran across a will that named an accountant of the decedent as their Personal Representative...
Florida Defective Wills: Poor Drafting or Intentional?
Posted on August 14, 2008The Florida Constitution protects one's Homestead from creditors. One provision that is often misunderstood is a devise of a homestead in a will when there are minor children in the family. In some cases a two people are getting married and one has a home and a minor child...
eLawyering are online estate planning services worth it?
Posted on August 11, 2008LegalZoom and RocketLawyer are two of the many online services that allow individuals to create their own wills at low costs. Many times they are below the cost for a single hour of legal time from an attorney. The real question is whether they are a good value for individuals...
Can I Sue my Employer for Defamation?
Posted on August 10, 2008It is difficult to sue your employer in Florida for defamation when they give honest information in regards to a reference. This does not mean that an employer may give false information. If the statements are knowingly false or rise to a level of being in reckless disregard of the truth and deal with your character and honesty the employer can be liable...
Wrongful Termination in Florida
Posted on August 05, 2008Often I am asked about wrongful termination by Florida Employees. Florida is an "at will employment state". This means that a company does not have to have a reason to fire you. The employer can also change your job position or description for almost any reason...
Xpress Seal Pro Caulk
Posted on August 04, 2008Xpress Seal Pro from As-Seen-On-TV- Products is a product I purchased to seal the caulk in my bathroom. The caulk in my shower needed replacing and I decided to purchase this after reading many review about this easy to use Professional caulking kit...
Apple Sues Clone Maker Psystar
Posted on July 16, 2008In my previous life, I had a license to build Apple Clones. It is for this reason that I have been watching the actions of a Florida Company, Psystar, Inc. They have been installing Apple, Inc.'s most recent operating system on generic computers and selling them to the public as "Apple Clones"...
Florida Divorce and Estate Planning
Posted on July 08, 2008In Florida as with most states, Estate Planning is something that needs to be addressed when one has major changes in their life. This includes divorce and separation. You only have to think about your spouse or ex-spouse getting all of your assets if you should die to realize the importance of addressing the issue...
Pending Partition of Property does does not Survive Death of Joint Tenant
Posted on July 07, 2008What happens if you are in the middle of a partition to divide or sell property and one of the owners dies? The pending action is has no force and effect on the ownership. What doest this mean? If you own property as joint tenants with rights of survivorship and you want to partition the property but die in the middle of the court action, the other joint tenant will own the entire property...
Google Offers Personal Health Records on the Web
Posted on July 01, 2008Google Health just began offering personal health records on the Web. They are joining WebMD, Microsoft, and Revolution Health. These services are designed to help consumers manage their health care and medical spending records. Google record allows users to send personal information to some clinics or to pull records from the clinic into the Google personal file...
Florida DR-219 Form is Repealed as of 06/1/2008
Posted on June 27, 2008Florida DR-219 Form is Repealed as of 06/1/2008 Beginning June 1, 2008: ?The requirement to complete and file Form DR-219 is repealed. ?The Department of Revenue will not process DR-219 forms received. ?Destroy all blank DR-219 forms in your inventory...
Deeds Designating Grantee as a Trustee Sufficient to Pass Title to Trust
Posted on June 27, 2008The Florida Supreme court has ruled affirmatively on the question presented to it. Whether, under Florida Statutes section 689.07(1) as it existed before its 2004 amendment, this Deed??which is a recorded real estate conveyance deed to a named trustee of a private express trust identified in the deed by name and date, and contains other language referring to the unrecorded trust agreement, the settlors, and the beneficiaries??conveys only legal title to the property in trust to the grantee as trustee...
Supreme Court Rules on Individuals Rights to Bear and Keept Arms
Posted on June 26, 2008NFA Gun Trust Lawyer blog has an article on the 150 + page decision issued today in the gun rights case before the Supreme Court. Looks like good news for gun owners but it will take sometime to digest the full opinion which is over 150 pages. There is a link to the Supreme Court Gun Case also
Florida Spendthrift clause or Trust
Posted on June 26, 2008Spendthrift clauses can be confusing to trustees. The general idea with a Florida Spendthrift clause is that the beneficiaries cannot assign their interest in the trust to a creditor ( voluntarily or involuntarily) Here is the test found in a typical clause under the new Florida Trust Code Spendthrift Provisions...
Terri Schiavo II?
Posted on June 24, 2008It could be happening again in Florida, The Palm Beach Post has a report on a similar case. If you do not have a Florida Living Will now is the time to get one. Karen Weber did not have a Florida Living Will when she suffered a seizure back in November...
Florida LLC's and Asset Protection and Legal Zoom
Posted on June 20, 2008Florida LLC's are one of the best choices for a new business entity. When thinking of forming a company, may people only look for low taxes and protection from liability. Unfortunately, many are misinformed as to the protection that a corporation can offer...
Revocable Living Trusts, Dog Bite Statutes & Strict Liability in Florida
Posted on June 19, 2008Seven weeks ago, I got a new puppy. I was thinking of a way to protect myself from Florida's Strict Liability for Dog Bites. Most states have a one free bite rule, but Florida does not and makes the owner of the Dog liable for all damage by the dog from the first bite...
How to Choose a Guardian for your children in Florida
Posted on June 18, 2008For families living in Florida, choosing a guardian for their minor children is a primary reason why a Florida Will is such an important document to create and keep updated. Often choosing who will care for your children is a difficult decision. Many families find it the hardest decision that they make in terms of estate planning...
Making a Florida Will: What to think about?
Posted on June 17, 2008Before making a Florida will you should think these things before drafting or having your Florida will modified. In Florida to create a valid will the person needs to know what assets they have, who they are giving them to, and have an understanding of who they would go to if they were not listed in the Florida Will...
Florida QPRT (Qualified Personal Residence Trust): Options
Posted on June 12, 2008Florida QPRT (Qualified Personal Residence Trust): Options: Often clients want to make sure their homes go to their children. In Florida, a homestead will automatically go to your descendants and be protected. One of the problems is that although the home is generally not subject to Florida Probate, the value of the home at the time of their death is subject to estate tax...
LIMITATIONS OF POWERS OF THE ATTORNEY IN FACT AND LIMITATIONS IN FLORIDA
Posted on June 11, 2008POWERS OF THE ATTORNEY IN FACT AND LIMITATIONS IN FLORIDA Except as otherwise limited by statute (below), by other applicable law, or by the durable power of attorney, the attorney in fact has full authority to perform, without prior court approval, every act authorized and specifically enumerated in the durable power of attorney...
PROPERTY SUBJECT TO DURABLE POWER OF ATTORNEY IN FLORIDA
Posted on June 10, 2008PROPERTY SUBJECT TO DURABLE POWER OF ATTORNEY IN FLORIDA. Unless otherwise stated in the Florida durable power of attorney, the durable power of attorney applies to any interest in property owned by the principal, including, without limitation, the Principal's interest in all real property, including homestead real property; all personal property, tangible or intangible; all property held in any type of joint tenancy, including a tenancy in common, joint tenancy with right of survivorship, or a tenancy by the entirety; all property over which the principal holds a general, limited, or special power of appointment; chooses in action; and all other contractual or statutory rights or elections, including, but not limited to, any rights or elections in any probate or similar proceeding to which the principal is or may become entitled...
Guardianship and Durable Power of Attorney in Florida
Posted on June 09, 2008Once an Agent (Attorney in fact) receives written notice which requires a signature, their powers under the Durable Power of Attorney are suspended until the court determines incapacity. The court may reinstate the Durable Power of Attorney for an emergency, when a petition if file upon the court showing the nature of the emergency, the property or matter involved, and the power to be exercised by the attorney in fact...
Medicaid Qualified Income Trust (Miller Trust)
Posted on June 08, 2008A Miller Trust is a irrevocable qualified income trust used for Medicaid planning. Generally, when an individuals income is over the limits a Miller trust or Medicaid Qualified Income Trust can help. Generally a Medicaid Qualified Income Trust will distribute your income in such a way that your income will not disqualify you...
Florida Lady Bird Deed Forms
Posted on June 07, 2008Where can I get a Form for Florida Lady Bird Deed is a question that I am often asked. Florida Lady Bird Deeds are generally not available on the Internet because not many Florida Lawyers even know what they are. They are also far more complex than a regular deed...
Cost of Florida Probate
Posted on June 06, 2008Florida Probate costs very based upon they type of probate, type of assets, number of creditors, number of beneficiaries and complexity of the issues involved. Generally a simple Florida Probate which only involves a homestead is around $1500-$1800 dollars and can take 30 to 90 days on average to complete...
Attorney for Wills
Posted on May 29, 2008When Selecting an attorney for will preparation it is important that they take a look at your full financial condition. Often clients think they want an attorney for will preparation but in fact need other types of estate planning. You should be prepared to give full financial disclosure as well as all information about your family dynamics to make sure that the right Florida Estate Planning Documents are created for you.
Estate Planning and Moving Overseas
Posted on May 28, 2008Often clients do Florida Estate Planning in anticipation of an overseas trip or international relocation. They often ask if they should make special considerations because of their anticipated location. Generally we advise clients that the planning is basically the same even if they will be living overseas for an extended period of time...
Can Grandpa Take His Machine Gun to the Nursing Home?
Posted on May 27, 2008What happens if Grandpa needs to Nursing home coverage and he owns a Class3 weapon like a Machine Gun? Class 3 weapons or those controlled by the National Firearms Act are not exempt assets when it comes to Medicaid Planning. There are ways to preserve these assets for your family but it involves converting the asset from an exempt asset to a non-exempt asset...
Executor, Personal Representative, PR Fees: Are They Taxable?
Posted on May 27, 2008If I am the PR of a Florida Estate Planning, do I have to pay income taxes on the money I receive? The short answer is yes you do. These fees are considered an expense of the estate and unless you qualify for an exemption, you would have to report this as income on your tax return...
Living Trust Mills Winding Up In Some States UPDATED
Posted on May 23, 2008Although there are no current verdicts against Florida Companies, many states have taken action against living Trust Scams / Trust Mills / and Elder Law Planning Seminars. Michael Bonasera of Buckingham Doolittle & Burroughs, LLP and author of the The Ohio Trust & Estate Blog wrote an article titled Living Trust Scams/Trust Mills/Elderlaw Planning Seminars - STAY AWAY! where he mentions a previous posting on this Blog, Florida Estate Planning Lawyers Blog, on a similar topic dealing with a Texarkana Arkansas class action suit...
Florida State and Local Government links
Posted on May 22, 2008Here is a list of links that should be useful for anyone starting or running a business in Florida. Florida state and local linksMyFlorida.com State Portal Licensing Portal City Guides Jacksonville Florida City GuideMiami Florida City GuideOrlando Florida City GuidePanama City Florida City GuideTampa Florida City Guide Statewide Offices Governor Lt...
We the People franchise found to be practicing law without a license
Posted on May 21, 2008There are many places to get advise on the internet. Be sure when you are looking for legal advise, you are working with a licensed lawyer. Below is the finding of the Ohio State Bar in regards to one such service. We the People is a franchise that provides forms and help in legal matters including wills, trusts, divorces, bankruptcy and other areas of law...
2008 Small Business and Self-Employed Taxpayers Guide
Posted on May 20, 2008I received 5 copies of the IRS guide in the mail today. If anyone would like one you can Contact me and I will be happy to send one. You may also order the CD from the IRS by calling 800-829-3636 and asking for Publication 3208 or by searching for SBRG on the IRS...
Enhanced Life Estate Deed Question. What happens when the owner of the Remainder Interest predeceases the life tenant?
Posted on May 16, 2008A *Florida Enhanced Life Estate Deed or Florida LadyBird Deed is designed to pass the property if any to a person upon the death of the life tenant while allowing the life tenant to do anything during their life. What happens if the person named in the remainder interest predeceases the life tenant? This is From A to B for life (with enhanced powers) remainder to C...
Florida Unpaid Vacation? How can I collect
Posted on May 15, 2008I did not get paid my Vacation pay, What can I do? Under Florida law, employees are entitled to make a claim for unpaid vacation pay that is vested. "Vested Vacation Pay" is defined as "wages" for purposes of section 448.08 requiring the employer to pay all attorneys fees and costs...
Automatic gun transfer nets prison sentence
Posted on May 14, 2008A new Blog ( Gun Trust Lawyer ) dedicated to Gun Trusts and issues related to the ownership of class 3 weapons (which I started) has an article on a man who was arrested for an improper transfer of a unknown class 3 machine gun. His gun misfired and was reclassified as a Machine Gun...
What is the difference between a Living Trust and a Bypass Trust?
Posted on May 13, 2008A Florida Living Trust is a Florida Revocable Trust created while a person is alive, while a Bypass Trust is usually a testamentary irrevocable trust. Some Bypass Trusts are created by a Living Trusts or even Florida Will. A Trust is an ownership arrangement where property is held in the name of a "trustee" rather than in the name of the person who really owns the property...
What is a 529 accounts, and are they good?
Posted on May 12, 2008529 accounts are good and are one of the best ways to save for a child's education. When paying for college there are many options.Uniform Transfers to Minors Accounts; Education IRAs; Prepaid tuition plans; and 529 plans to name a few.The 529 account seems to have the best features of each option and be one of the better investment vehicles...
What gifts can I make without having to pay gift taxes?
Posted on May 01, 2008You can give any person $12,000 a year without any gift tax consequences. This annual gift exclusion is now indexed for inflation and be increasing periodically in $1,000 increments. If you are married, you and your spouse can each give $12,000 a year for a total of $24,000...
Where should I store my will and whom should I give copies of my estate planning documents?
Posted on April 30, 2008It is important to keep your Florida Estate Planning Documents safe. In some cases if the original documents are lost, a copy is as good as the original. With the will, the original is the document that is important. Some people choose to keep originals documents at their Florida Estate Planning Lawyer office, in a bank vault, with other people, or at home in their filing system...
How to obtain a Will in a safety deposit box?
Posted on April 29, 2008In Florida when an individual left their Florida Will in a bank vault or safety deposit box a court order is necessary to open the box unless there is a joint owner on the account. The process involves having a judge issue an order to inspect the contents of the box...
For whom are living trusts most appropriate? What are the pros and cons?
Posted on April 28, 2008Florida Revocable Trust are useful estate planning tools, and they have an important place in many people's estate plans. If you find any one of the following benefits appealing, then a living trust may be appropriate for you. Benefit #1: No Florida Probate...
Where is the best place to keep my signed original Estate Planning Documents
Posted on April 28, 2008The best place is probably in a safe deposit box because it will protect the documents from theft, fire, accidental loss, and most other types of damage or harm. A potential problem, though, is getting it opened after your death. If you decide to keep your estate planning documents in a safe deposit box, consider naming a family member or your Personal Representative or trustee as a joint holder on the box...
Florida Estate Planning
Posted on April 27, 2008There are many parts to a Florida Estate Planning. The Documents include Durable Powers of Attorney, Living Wills, HIPAA releases, Medical Powers of Attorney, Living and Revocable trusts and other documents depending on the particular needs of the clients...
Florida Tax Lawyer
Posted on April 26, 2008There are many times when one needs to discuss a the effects of a settlement or legal decision with a Florida Tax Lawyer, CPA, or Accountant prior to signing documents. When possible a tax adviser should be involved early on in a case to make sure that efforts are spend on a tax friendly solution...
Voluntary Guardianship over Foreign Minor with Parents Consent
Posted on April 24, 2008It is important to note that in Florida Judges will want to see proof that a child is in the United States legally prior to issuing a guardianship over the minor person. With the recent changes in security and immigration, there is concern about creating a legitimate reason for the minor to stay in the country with the guardianship...
Putting your Bank Account in Your Revocable Living Trust.
Posted on April 22, 2008The Ca Estate Planning Blog has an article on how to put your bank account in your Florida Revocable Trust . It is one of the most important things that can be done after setting up your Florida Living or Revocable Trust. If you have not funded your Florida Revocable Trust please Contact a Florida Estate Planning Lawyer to make sure it is funded properly.
Family Limited Partnership and Discounts
Posted on April 21, 2008The Wills Trust and Estate Professors Blog commented on discounts on Family Limited Partnerships and discounts in relation to an elective share. In In re Estate of Hjersted, 175 P.3d 810 (Kan. 2008), the court held that in valuing partnership interests owned by a deceased spouse for purposes of calculating the surviving spouse?s elective share entitlement, discounts for lack of marketability and lack of control are ?not precluded...
Second Marriage and Life Insurance
Posted on April 18, 2008As the second marriage becomes more popular, it becomes more important than ever to protect your life insurance for your children. I received a call today where the second wife had changed the life insurance benefits to her name, as might be expected...
Power of Attorney Abuse on Rise
Posted on April 17, 2008The Wall Street Journal online has an article on How to Ensure Relatives Don't Rip You Off. Also the Toronto Estate Law Blog has an article today on POA abuse. The article mentions several things that can be done to safeguard clients. 1) a provision requiring regular accounting statements from the agents...
Estate Planning and Divorce
Posted on April 17, 2008Leanna Hamill of the Massachusetts Estate Planning and Elder Law Blog has recently posted two useful and informative articles (Part 1 and Part 2) about Estate Planning and Divorce which was summarized on the Georgia Wills and Probate Law Blog. In addition Paul Rabalais recently wrote a similar article on the Louisiana Estate Planning Blog Importance of Estate Planning Amplified When There's A Second Marriage The articles suggested revoking and or creating new Durable Powers of Attorney and Designation of Health care Surrogates as well as the importance of involving your Florida Estate Planning Lawyer in your divorce before it is finalized...
Tricks of the Trade- Dateline NBC Insurance Investigations
Posted on April 16, 2008Last Sunday April 13, Dateline NBC had a story on tricks insurance agents use to sell insurance policies to our nations seniors. Insurance is a $14 trillion dollar business. They used hidden cameras. For those of you who missed it, here is a link to the transcript of the show...
Tennessee NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on April 16, 2008Tennessee has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Tax Attorney Jacksonville
Posted on April 16, 2008There are many times when one needs to discuss a the effects of a settlement or legal decision with a Florida Tax Attorney, CPA, or Accountant prior to signing documents. When possible a tax adviser should be involved early on in a case to make sure that efforts are spend on a tax friendly solution...
Medicaid and improvements paid for by Life Tenant of Property
Posted on April 16, 2008In Florida, the Life tenant is generally responsible for the costs of repairs, but the remaindermen are responsible for the payments for improvements to the property. If the life tenant paid for the costs of improvements on a property, this would constitute an uncompensated transfer or gift which could result in a period of ineligibility for Medicaid...
Florida legislation would force more Medicaid beneciaries into private managed care plans
Posted on April 16, 2008The Miami Herald reported that Florida lawmakers on Wednesday added language to a state budget companion bill (HB 5085) that would expand a Medicaid pilot program that shifts some beneficiaries to private managed care plans, such as health maintenance organizations, the Miami Herald reports...
Florida's Govenor Signs NRA backed Gun Law
Posted on April 16, 2008Florida Governor Charlie Crist today signed important National Rifle Association (NRA)?backed legislation into law that will protect the existing rights of law-abiding gun owners. House Bill 503 preserves the self-defense rights of law-abiding men and women as they travel in their cars to and from their daily activities...
Virginia NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on April 15, 2008Virginia has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
IRA Deadline - how to put 9K in your IRA by April 15th
Posted on April 14, 2008Unless you qualify for a higher limit based upon age, April 15th is the last day you can put up to 9K in your IRA. Many might be saying, I thought I could only put $4,000 in my IRA. While that is true, you can put 4,000 in for last year and $5,000 in for the next year...
Can a Personal Representative Pay the Debt on a Conveyed Home or Property?
Posted on April 14, 2008In Florida an encumbered property shall be entitled to have the encumbrance on the property paid at the expense of the residue of the estate only when the will shows that intent. A general direction in a will to pay the debts does not show that intent (Florida Probate Code Section 733...
Blank Legal Documents: Lack of Legal Advise
Posted on April 13, 2008I have written several articles on problems with using the "free legal documents" or low cost fill in the blank forms that might be available at your local Staples or office supply shop. Richard Shea of the Connecticut Estate Planning and Elder law Blog has another example of problems that can occur with these "free legal documents" Richard says that when people use these free forms to create business entities they are not informed about local taxes and reporting requirements...
Estate Planning for Each Stage of Life
Posted on April 12, 2008Neil E. Hendershot, an estate and fiduciary law attorney with Goldberg Katzman, P.C., in Harrisburg, Pa., and an adjunct professor at the Widener University School of Law posted an article by David Alexaner of the Janus Capital Group that describes what types of estate planning and adjustments are common at different ages or times of one's life:...
Can I Deduct my Long Term Car Insurance Premiums?
Posted on April 11, 2008As we get older long term care insurance premiums can become expensive. To qualify for a deduction on the insurance costs the policy must be a "qualified policy" as defined by the IRS. A qualified policy is one issued after January 1, 1997 that adheres to certain regulations established by the National Association of Insurance Commissioners...
Divorce and Estate Planning opportunities
Posted on April 10, 2008Divorcing spouses can add flexibility to their tax and estate plans using property settlement agreements according to Private Letter Ruling 12572406. Kreig Mtichell a Colorado Estate Planning Attorney wrote an article on this process. He stated that the facts involved a Husband and Wife who shiged a property settlement agreement pursuant to their divorce...
Workers Allowed to Keep Guns in Cars
Posted on April 10, 2008The Florida Legislature has passed a bill allowing employees to keep gun in their cars while at work. Currently employers have been able to prohibit employees from keeping guns in their cars while on company parking lots. The new bill will allow workers to leave their personal weapons in their vehicles on company owned parking lots...
IRS Business Products for Free
Posted on April 09, 2008The IRS Small Business Products Catalog has 5 publications and guides that all small businesses should own. You can order up to 5 copies of each for free. They can be viewed online.1.Tax Calendar for Small Businesses and Self-Employed - View Online 2...
Florida Pet Trusts
Posted on April 08, 2008Many pet owners think of their pets as part of their family. Legally pets are considered personal property like a car or jewelry. If you are sick, injured, or unable to care for your pet and have not planned ahead, your pets may not be taken care of by the person you want...
Louisiana NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on April 05, 2008Louisiana has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Medicaid Cuts Threaten Nursing Homes in Florida
Posted on April 04, 2008The JC FLorida reported on recent cuts on proposed cuts in state funding. This week both the Senate Health and Human Services Appropriations Committee and the House Healthcare Council introduced their 2008-09 budgets. The Senate reduced nursing home funding $163 million and the House reduced funding $278 million...
Mississippi NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on April 04, 2008Mississippi has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Ohio NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on April 03, 2008Ohio has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Do it yourself Estate Planning: Bad News Part 9
Posted on April 03, 2008Invalid transfer of Florida Homestead with do it yourself deed leads to unintended consequences! Man wants his second wife to have a life estate in his homestead after his death with the remainder to go to his children and not his second wife's children...
Marilyn Monroe's Estate Loses Ruling
Posted on April 02, 2008A federal curt found that Marilyn Monroe was a New Yorker when she died in 1962. This means her estate which has earned more than 30 million dollars licensing her image can not control the licensing. Product makers may be free to use her image without paying licensing fees to her estate because of a difference between California and New York state laws...
Florida Comon Law gives Guardian Ad Litem of Child Priority of Mother's Disposition
Posted on April 01, 2008Arthur v. Milstein. et al, 949 So.2d 1163 (Fla. 4th DCA February 28, 2007) In this dispute regarding who controlled the disposition of the body of Anna Nicole Smith, the trial court ruled that the guardian ad litem for her minor daughter Dannielynn had priority over Anna Nicole Smith?s mother based upon interpretation of Florida Statutes section 406 defining a "legally authorized person" upon whom a funeral home can rely to receive burial instructions...
MagicJack - Product Review - Everyone needs one of these
Posted on March 31, 2008I am just finishing up a trip to Shanghai China, Osaka, and Tokyo. I brought a MagicJack phone adapter. This gave me a US local number that rang to my computer or what ever computer I plugged it into. The voice qualify was great and it worked flawlessly on both a Mac and PC...
Surving Spouse has no Property Interest in Husband's Body
Posted on March 31, 2008City of Key West v. Knowles, 948 So.2d 58 (Fla. 3 DCA January 10, 2007) A surviving spouse sued the city of Key West, Florida claiming she was deprived of her property interest in her husband?s buried remains without due process in violation of 42 U...
Florida Upholds Homestead Against Legal Fees
Posted on March 30, 2008Chames v. Demavo, 32 Fla. L. Weekly S820 CR. Sup. Ct. December 20, 2007 An attorney owed fees from his clients under a retainer agreement attempted to enforce a lien against the homestead of the clients. The retainer agreement had expressly waived the parties? constitutional homestead protection against claims of creditors...
Can Co-op be a Homestead in Florida?
Posted on March 29, 2008Phillips v. Hirshon, 963 So. 2d 227 (Fla. 2007). The supreme court agreed to hear a case which will determine if Florida's revisions to the homestead laws allow for a cooperative apartment to be considered homestead property for descent purposes. We should have an answer on this question by the end of April...
Florida Disclaimer of Interest and Effect on PR
Posted on March 28, 2008Qarcia v. Morrow, 954 So.2d 656 (Fla. 3rd DCA April 4,2007) This case involves competing petitions for appointment as personal representative filed by a decedent?s grandson with statutory priority to be appointed as personal representative and the former wife of the decedent?s son...
Father by Court order remains Father after Death of Child
Posted on March 27, 2008Glover v. Miller. 947 So.2d 1254 (Fla. 4th DCA January 31, 2007) After a 16-year-old child was killed by a police officer, two separate men claimed they were his father and asserted the right to be appointed personal representative of the child?s estate for purposes of pursuing a wrongful death action...
Court Must Have Reason to Deny Will's Appointment of PR
Posted on March 26, 2008Hemandez v. Hernandez, 946 So.2d 124 (Fla. 5th DCA January 19, 2007) A trial court refused to appoint the decedent?s son as personal representative, despite the fact the decedent had nominated a son in his last will, instead appointing an unrelated attorney...
Florida and The Medicaid Look Back Period -"Why you Can't Just Give It All Away"
Posted on March 25, 2008Florida and The Medicaid Look Back Period -"Why you Can't Just Give It All Away" Many people simply try to give their assets away to their children in an attempt to safeguard their estate. The Medicaid people have caught on to this. Many years ago, a popular planning technique was to transfer your assets into an irrevocable Medicaid Trust...
Florida Medicaid Asset Test
Posted on March 24, 2008The Medicaid Asset Test If you qualify under the income test or can create a Qualified Income Trust (QIT) you must still pass the Medicaid asset test. This test can be the most daunting and confusing. First, you must know the asset test limits. These vary between single and married individuals...
Florida Elective Share Held Constitutional
Posted on March 24, 2008Magee v. Magee, 32 Fla. L. Weekly 02307 (Fla. 2d DCA September 26, 2007) In a challenge to the constitutionality of Florida?s elective share statutes, the Second District Court of Appeal upheld a lower court ruling that the statute is constitutional...
Response from RocketLawyer about Defective Durable Power of Attorney
Posted on March 24, 2008Today, I received a response from RocketLawyer about the article I wrote on using a Free Durable Power of Attorney and potential problems. The good news is they are asking for help to fix the problems. As noted in their email, they do encourage visitors to seek legal counsel from attorneys like me when they are unsure of doing something for themselves...
Florida Land Owner Dies prior to sale of Property
Posted on March 23, 2008Vazpuez v. Bvrski, 32 Fla. L. Weekly D2415 (Fla. 2d DCA October 10, 2007) Prior to his death, a decedent entered a contract to sell real property. The decedent died prior to closing on the contract. The purchaser filed a Petition for Administration in which he expressly alleged the obligation based upon the purchase and sale agreement...
Blogging from China
Posted on March 22, 2008I am currently in Shanghai China for the next 5 days and then heading to Osaka and Tokyo for 3 nights each. I am planning to keep posting new issues to my blog while I am gone. In addition, I will be responding to emails and will be available over my VOIP number for calls or issues that need immediate attention...
Real Estate Titled wrong prior to Death and Probate
Posted on March 22, 2008Fernandez-Fox v. Estate of David P. Lindsay, 33 Fla. L. Weekly D259 (5th DCA January 18, 2008) Fox and the Decedent had owned real property they had intended to have titled joint with rights of survivorship. Because of an error, the title was not correctly designated in the public records and the decedent died before the error could be corrected...
Family Member Disqualified as Guardian Because ofr Conduct
Posted on March 21, 2008Major v. Rowe, 965 So. 2d 847 (Fla. 2nd DCA September 28, 2007) Appointment of a professional non-family Florida Guardian is appropriate even though a family member is willing to serve as a Florida Guardian for the ward. The court noted that "family members, if otherwise qualified, are generally entitled to preference in appointment as guardian over strangers, [but] that preference can be overcome if they, intentionally or unintentionally, engage in conduct detrimental to a ward?s best interests...
Contempt Overtruned for Son Hiding Incapacitated Mother
Posted on March 20, 2008Graham v. Florida Dept of Children and Families (Graham II), 970 So.2d 438 (Fla. 4th DCA December 5, 2007) This is the continuing saga of the battle between Luke and Laurence over their mother Betty, who DCF had determined was in need of guardianship after determining "Luke is the son who most has Betty?s interests in mind...
Nebraska NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on March 19, 2008Nebraska has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Florida Court Maintains Jurisdiction when Ward is Moved to Another State
Posted on March 19, 2008Weissenbom v. Graham (Graham 1), 963 So. 2d 275 (Fla. 4th DCA August 1, 2007) - During the course of a Florida Guardianship Dispute between the wards two sons, one of the sons moved the ward from Florida to a "secret location" in another state. That son then arranged for an attorney to appear on behalf of the ward...
Supreme Court Hears Arguments in D.C. Gun Ban Case
Posted on March 19, 2008The Supreme Court heard oral arguments in District of Columbia v. Heller, a case the Court has stated is "limited to the following question: Whether Washington, D.C.'s bans [on handguns, on having guns in operable condition in the home and on carrying guns within the home] violate the Second Amendment rights of individuals who are not affiliated with any state-regulated militia, but who wish to keep handguns and other firearms for private use in their homes...
Indiana NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on March 18, 2008Indiana has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Florida Guardianship Court Takes Action to Preservie Ward's Assets
Posted on March 18, 2008Ripoll v. Comprehensive Personal Care Services Inc., 963 So.2d 789 (Fla. 3rd DCA July 18, 2007) The Florida guardianship court has the inherent authority to monitor a guardianship and to take action it deems necessary to preserve the assets for the benefit of the beneficiaries, including the authority to issue temporary injunctions freezing assets claimed to belong to a guardianship even though ultimate ownership of those assets may be in dispute...
Probate in Florida: Consumer Pamphlet: Florida Bar
Posted on March 17, 2008The Florida Bar has created a Florida Probate Pamphlet to help individuals understand Florida Probate. It discusses the following information 1. WHAT IS PROBATE? 2. WHAT ARE PROBATE ASSETS? 3. WHY IS PROBATE NECESSARY? 4. WHAT IS A WILL? 5. WHAT HAPPENS TO PROBATE ASSETS IF THERE IS NO WILL? 6...
Preneed Guardian Not Appointed: Court looks at Best Interest of Ward
Posted on March 17, 2008Miller v. Goodall, 958 So. 2d 952 (Fla. 4th DCA April 25, 2007) A daughter filed a petition to determine her mother?s incapacity and be appointed as guardian. The ward?s sister (daughter's aunt) also filed a petition seeking to be appointed as plenary guardian...
Can Trust be Modified by Agent Acting Under a Durable Power of Attorney
Posted on March 16, 2008Gurfinkel v. Marmor, 32 Fla. L. Weekly D2931 (Fla. 3rd DCA December 12, 2007) The decedent?s trust beneficiaries challenged a pre-death "amendment" executed by the decedent?s spouse as attorney in fact pursuant to a valid Durable Power of Attorney . The amendment "deleted" the trust?s primary asset stock in a family corporation...
Trust Provision interpreting distribution to someone who dies before distribution is complete.
Posted on March 16, 2008Bryan v.Dethlefs, 959 So. 2d 314 (FIa. 3d DCA May 16, 2007) The decedent?s trust stated, "Upon my death, the then balance of principal and accumulated income remaining in the trust fund shall be distributed to my grandson, Robert R. Bizzell, if he is living at the time of distribution...
Probate - Jurisdiction / Venue Case
Posted on March 16, 20081. Anscher v. Lebenthal & Co., 963 So.2d 921 (Fla. 3rd DCA August 29, 2007) Spouse vs. Estate of spouse, co-trustee, & brokerage company The decedent?s surviving spouse bought an action in probate court against the decedent?s estate, the co-trustees of his trust, and his brokerage for failure to transfer securities out of the trust based upon written instructions from the decedent to the brokerage delivered two days before his death...
Quicken WIll = Unauthorized Practice of Law for Insurance Agent
Posted on March 14, 2008Ernest Chavis is a South Carolina insurance agent who previously had some business dealings with a 91-year-old woman named Annie Belle Weiss. On July 20, 2004, Chavis visited her and, at some point in the conversation, Weiss asked him "Can you help me make a will?" She wanted "someone objective" and told Chavis how she wanted her property divided up...
Florida Wills
Posted on March 14, 2008How can you tell if a Will has been altered? Most of the time you cannot tell by simply looking at the document. Often these documents are "tampered with" behind the scenes: friends, relatives, heirs or neighbors pressure, threaten or trick someone into changing, modifying or preparing a new Last Will and Testament or Codicil (an amendment to the Will)...
Key Considerations in Pet Trusts and Estate Planning
Posted on March 13, 2008Gerry Beyer, author of the Wills, Trusts & Estate Professors Blog has a post on his blog Becoming a "Pet Friendly" Estate Planner which points to an article he wrote in Legal Times. "Your Trust-worthy Pet" discusses the history of providing for pets which began in England in 1889...
Can Your Dog Inherit Your Estate?
Posted on March 12, 2008In Florida and many other states animals are now allowed to beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust. Today I was reading an article published in Arizona where a letter to the editor basically stated that a Dog could inherit ones estate and referred to Leona Helmsley as an explanation of this...
Free Combination Living Will, Designation of Health care Surrogate and HIPAA Release
Posted on March 12, 2008The other day, I wrote an article on the pitfalls of using a Free Florida Durable Power of Attorney. I have been thinking of a way to provide a good power of attorney for my readers. I have been unable to come up with a generic form that I feel comfortable publishing because of the huge liability associated with the Power of Attorney in Florida...
Florida Estate Planning Questionnaire
Posted on March 11, 2008Many of my clients have been asking me to post a copy of my Florida Estate Planning Questionnaire in a Microsoft word document so they can fill in and forward me the information online. This information will be useful to any Florida Estate Planning Lawyer in the creation of an estate plan...
Can Your Dog Inherit Your Estate?
Posted on March 11, 2008In Florida and many other states animals are now allowed to beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust. Today I was reading an article published in Arizona where a letter to the editor basically stated that a Dog could inherit ones estate and referred to Leona Helmsley as an explanation of this...
Free Florida Durable Power of Attorney - Will it work?
Posted on March 10, 2008Over the weekend, I read an article about a Free Power of Attorney and decided to look for one for a Florida Durable Power of Attorney. I ran across a website by H & R Block called RocketLawyer.com. This website offered me a free Durable power of attorney for Florida...
Mom's hand-written is it valid?
Posted on March 10, 2008Rules regarding wills are usually based upon where the will was created. The general rule is that when a Will is valid at the time of creation, Florida will honor the will. There is an exception to this and it regards certain handwritten or holographic wills...
Gifts to yourself with a Power of Attorney
Posted on March 08, 2008Although a Power of Attorney often authorizes the agent to give gifts, agents should be careful when making gifts to themselves. The Chicago Tribune has an article on an agent who gave herself $180,000 in gifts and the ensuing court battle over theft by deception, financial exploitation of an elderly person and conspiracy to commit financial exploitation of an elderly person...
Death Detective Aids South Florida Researchers
Posted on March 07, 2008If you need information on someone who died in south Florida in the last 100 years, you may be in luck. A south Florida resident, Ann McFadden, has compiled a 4,000-page record of all most every death listed in a local newspaper for more than the last 100 years...
Florida Long Term Care Insurance Backfires
Posted on March 06, 2008Many individuals have long term care insurance to help with nursing home and assisted living costs. Generally it has been considered a good idea when individuals can afford the premiums. Rarely does having long term care insurance lead to a negative result...
NFA Trusts - Certificate of Trust will not work
Posted on March 05, 2008The BAFTE will no longer accept a certificate of trust with a Form 1 or Form 4 application for the purchase of Class III items. According to the person in charge of reviewing all trusts, all applications without the declaration of trust will be rejected...
Florida Guardianship Procedures
Posted on March 05, 2008A person is qualified under Florida Law to serve as a guardian if he or she: 1. Is over the age of 18 years of age; 2. Is a Florida resident; or a non resident who is:1. Related by lineal consanguinity to the ward; 2. A legally adopted child or adoptive parent of the ward; 3...
Anna Nicole Smith Baby Inherits Her Estate
Posted on March 05, 2008A Los Angeles judge has decided that the young daughter of former Playboy bunny and television personality Anna Nicole Smith will inherit her estate. Although Smith's will, drafted before her now 18-month-old daughter was born, gave everything to her son, Daniel, it also said she intended that the assets in trust for him be shared equally if she had future children, reports the Associated Press...
Charities Loose Battle over $8 Milliion Will Contest
Posted on March 04, 2008Only five weeks before his death Leonard R. Brener made a change to his will. He decided to change his beneficiaries form four local charities to his niece and her husband who took care of him while he was dying. The non-profits were stunned and file a suit to battle over the money...
Estate Planning for Pets
Posted on March 03, 2008Theresa Harrington of the Contra Costa Times has written about groups that encourage estate plans for pets. These are often referred to as Pet Trusts or may be included in a will with language that creates a testamentary Pet Trust. She has found that it is suggested that $10,000 - $15,000 a year be set aside for the care of one's pet...
Will I Lose My Homestead Exemption if I add someone to my Florida deed?
Posted on March 02, 2008Adding names to the ownership of your home normally does not change your $25,000 Homestead Exemption, BUT you may lose all or part of the protection your property receives from the Save Our Homes (SOH) assessment limitation or "cap". The SOH cap keeps the assessed value of your home from increasing more than 3% per year as long as you maintain your Homestead Exemption...
Will I lose my Save Our Homes Cap if I add someone to my deed?
Posted on March 01, 2008Maybe, depending on how you own the property (the "tenancy"), and if the new owner files for Homestead Exemption on your property. "Tenancy" is the term used to describe the way property is owned, the relationship between the owners, and what happens to the property when an owner dies...
Can I "undo" or cancel a deed that is already recorded?
Posted on February 29, 2008In Florida, if the wording of your current deed has consequences that you did not intend, you may want to consider a corrective deed. Please consult an Florida Estate Planning Lawyer , title company or other real estate professional to help you prepare your corrective deed...
How to trandfer property and keep your Homestead Exemption and SOH Intact
Posted on February 29, 2008Are there other ways of transferring my property for estate planning that will not disturb my Homestead Exemption or SOH Cap? Two methods of transferring your property will, in most cases, keep your Homestead Exemption and SOH intact: reserve a Life Estate for yourself or transfer your property to your trust...
No Florida Estate Taxes: What does this mean?
Posted on February 28, 2008When one dies the value of their estate is subject to an Federal Estate Tax. This rate is currently 45%. In 2008 the Federal government has an exemption of the estate tax on the first 2 million dollars in value. In addition, many states have additional state taxes that are due when a resident of their state dies...
What Does a Florida Life Insurance Trust (ILIT) Do?
Posted on February 27, 2008A Florida Life Insurance Trust is an irrevocable trust that allows an individual to make the proceeds of a life insurance poliicy free from income taxes and estate taxes. Typical life insurance policies are income tax free, but many increase the value of one's estate to the point that the federal and or state income taxes are due...
North Dakota NFA Gun Trust Lawyer: Class 3 Firearms Trust
Posted on February 27, 2008North Dakota has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
My Bank Wants a Tax ID / EIN number for My Revocable Trust
Posted on February 27, 2008When creating a revocable trust you may be asked for a Employment ID number (EIN) or Tax ID to open the account or fill out the paperwork. Many banks do not understand the difference between a revocable and a irrevocable trust. Although irrevocable trusts require TAX ID or EIN's revocable trusts do not require them...
IRS Attacks of FLPs and FLLCs
Posted on February 27, 2008For a number of years the IRS has attacked FLPs and FLLCs on the basis that there is no valid business purpose for the entity. Clients have argued that a key reason for using the LP form is so that capital can be concentrated or pooled and then invested for greater resulting returns...
Florida Guardianship Powers Expire at Death of Ward
Posted on February 26, 2008In Florida, the powers granted by a Florida Guardianship expire when the ward dies. Often people try to use their powers granted by a Florida Guardianship to control aspects of the after death process. The guardian is without any powers granted by the guardianship once the ward dies...
Out of State Durable Powers of Attorney and Validity in Florida
Posted on February 26, 2008A Power of Attorney is generally valid when you travel because a Power of Attorney valid in another state will be valid in Florida. That being said there has been a problem with out of state Power of Attorney being properly recognized in Florida...
Florida Hospice Refusal to Allow Visitation
Posted on February 24, 2008Recently we have notice that Hospice organizations are refusing to allow people to visit relatives or friends while under the care of Hospice. In these cases, the people were turned away because someone with a Power of Attorney was able to state that the person was not wanted...
Interstate Transfer of Class 3 NFA Firearms
Posted on February 22, 2008Often I receive inquiries from individuals looking to create a NFA Firearms Trust to purchase Class 3 Firearms. Several times these individuals are looking to keep these Firearms in their vehicle, motor home, or boat. Individuals, Trusts, Corporations, and LLC's must get permission to transport these items interstate...
Terry Schiavo judge handles divorce cases
Posted on February 22, 2008Florida judge who presided over the Terri Schiavo case until her death, has a new assignment. He no longer judges Florida Guardianship cases. He judges divorce cases. The Judges transfer from Florida Probate and Florida Guardianship court to family court should allow Judge Greer who is now 65 to serve the next three years in obscurity before his retirement...
What is a Taxable Gift?
Posted on February 21, 2008In 1984 the Supreme Court in Dickman v. Commissioner, defined a taxable gift by using an analogy. The Court used the income tax definition of ?all income from whatever source derived? to describe how a taxable gift should be defined. Section 2501(a)(1) of the Internal Revenue Code imposes a tax upon "the transfer of property by gift...
Alabama NFA Gun Trust Lawyer for Firearms Purchases
Posted on February 20, 2008Alabama has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Family Limited Partnerships and Valuations
Posted on February 19, 2008A common technique with large Florida Estate Planning is the use of FLP's or Family Limited Partnerships. Neil Hendershot of the PA Elder, Estate & Fiduciary Law Blog summarized the recent highlights of the Heckerling Institute where they discussed those issues in detail...
Wisconsin NFA Gun Trust Lawyer
Posted on February 18, 2008Wisconsin has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
South Carolina NFA Gun Firearms Trust Lawyers
Posted on February 18, 2008South Carolina has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Fund your Revocable Trust
Posted on February 17, 2008The most common problem with Florida Estate Planning or estate planning in general is that those how are in the most need of the benefits a Florida Revocable Trust can offer are the ones who usually fail to fund their trust. Creating a Florida Revocable Trust is only the beginning...
Another Reason to Have a Florida Durable Power of Attorney
Posted on February 15, 2008Mississippi's Supreme court decision reinforces the importance of having a Durable Power of Attorney. A Florida Durable Power of Attorney can be one the most important Florida Estate Planning Documents, a Power of Attorney allows a person you "agent" or "attorney-in-fact" -- to make financial decisions for you when you are unable to make these decisions for yourself...
Estate Taxes or Probate Fees
Posted on February 15, 2008As the Estate tax exemption continues to increase, fewer and fewer American families are subjected to the death Taxes. On the other hand this is creating a real problem with probate fees. Since fewer families are concerned with estate taxes, the overlook the fees associated with probate...
Is your Enhanced Life Estate Deed Valid?
Posted on February 14, 2008All Florida Enhanced Life Estate Deed or Florida LadyBird Deed are not created Equal. In the past, I have had clients come to me for help when a title company would not accept the language on an Florida Enhanced Life Estate Deed or Florida LadyBird Deed...
Pennsylvania National Firearms Gun Trust (NFA Class 3)
Posted on February 14, 2008Pennsylvania has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
Texas NFA Firearms Trust (Class 3) Purchases
Posted on February 13, 2008Texas has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the National Firearms Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These include silencers, short barrel rifles, and machine guns...
New Proposals for FMLA
Posted on February 12, 2008The Department of Labor has released proposed revisions to the Family and Medical Leave Act regulations. If adopted, the changes would significantly alter the current FMLA procedures. The proposals were prompted by continued tension between employers and employees concerning intermittent leave and the Supreme Court's 2002 Ragsdale v...
Would you put your mother here?
Posted on February 08, 2008Fifty-four nursing homes Located 35 states including Florida are being told by the government that they?re among the worst in their states in an effort to get them to improve patient care. The homes in question are among more than 120 designated as a ?special focus facility...
Britney Spears Not Competent Enough to Hire Lawyer
Posted on February 08, 2008Britney?s dad had was appointed as conservator of her person and co-conservator of her estate, which means her dad is now in control of what Britney can do, who she can see, and he?s controlling all access to her bank accounts and credit cards. Over the weekend, Britney attempted to hire her own lawyer to fight her dad?s attempt to take over her personal and financial affairs...
Florida Intestate Succession
Posted on February 07, 2008When someone dies without a Florida Will Their property is distributed under the Florida Statutes. Chapter 732 define the order of succession to a decedent's property. 732.103 Share of other heirs.--The part of the intestate estate not passing to the surviving spouse under s...
Can a Power of Attorney modify a Trust?
Posted on February 06, 2008Florida changed their statute regarding Power of Attorney several years ago. It seems that many banks and other financial institutions were not honoring existing powers of attorney documents. Florida changed Florida Statute 709 to allow for enforcement and recovery of expenses associated with the improper denial of a Power of Attorney...
Business owners and Florida Estate Planning
Posted on February 05, 2008If you own a Florida Limited Liability Company or Corporation there are unique Florida Estate Planning challenges. Often Florida Business owners fail to plan properly if they plan at all. Greg Herman-Giddens of the North Carolina Estate Planning Blog has an article where he gives a list of 32 Questions to ask if you own a business...
Florida Millionaires increase and Estate Planning
Posted on February 04, 2008As the Percentage of Florida Millionaires continues to rise, the need for more complex Florida Estate Planning continues to increase. When ones assets are significant the benefits of a Florida Revocable Trust in conjunction with a Florida Will are increased...
Sloppy Drafting of Florida Wills and Florida Trusts
Posted on February 03, 2008Drafting and transfer of assets is an important aspect of a Florida Will or a Florida Revocable Trust. Real estate held by a company will not transfer to the trust unless the ownership of the company interest is transferred. In a recent Florida case a testator never transferred the ownership of his business entity...
Florida Asset Protection for Your Business
Posted on February 02, 2008Besides using multiple entities for asset protection, two common methods include the use of UCC liens or lease backs. UCC filing is the equivalent of equity stripping. The UCC filing is a lien on your business asset from typically from a finance company...
Florida Pet Trust: Unexpected Expences
Posted on February 01, 2008With the recent rise in the popularity of the Florida Pet Trust many individuals are caught off guard with unexpected expenses associated with a Florida Pet Trust. These expenses are also associated with Florida Pet Trusts from other states as they are related to Federal issues...
Second Marages: Estate Planning and More
Posted on January 31, 2008When considering getting married for the second time, or to someone with a prior family it is important to consider Estate Planning, Long-Term Care, the family home, Social Security, Alimony, Survivor's Annuities, and College Financial aid as an article on Forbes has reported...
Estate Planning for Non-U.S. Citizen Spouses
Posted on January 31, 2008How is a Florida Estate Plan different if you or your spouse is not a citizen of the United States? The Connecticut Elder Law Blog reported in an article that if non U.S. citizens have a completely different set of estate tax rules to contend with. If the U...
Reasons to Create a Living Trust
Posted on January 30, 2008Mark Jakubik of the Pennsylvania Estate Planning Lawyer Blog posted an article Reasons to Prepare a "Living Trust" where he has compiled a good list of reasons. They are: * Avoiding probate. Since the property is no longer in your name as an individual, but is now in your name as trustee, there is no reason to go through probate...
New Blog Florida Child Injury Legal Blog
Posted on January 30, 2008One of the Lawyers in my office, David Wolf, has followed my lead and started to create a legal blog dealing with Florida Child Injury issues. David's blog is the Florida Child Injury Lawyer Blog. David covers everything from Florida Automobile Accidents, Florida Child Safety, Florida Crimes Against Children, Florida Dog Bites, Florida Homeowner Claims, Florida Home injuries, Florida Playground injuries, Florida wrongful death ...
Non Compete Agreements and Bankruptcy
Posted on January 29, 2008I was recently asked about violations of a Florida non-compete agreement and the effect of a personal bankruptcy filing. I found a case which seems to address this issue on point. The case law is that as long as the debtor does not prove that the contract damages are tortuous and that he debtor caused willful and malicious injury the claims are discharged under the bankruptcy code as any other claim is...
Amending Life Insurance Trusts in Florida
Posted on January 29, 2008Can I amend my life insurance trust? A Florida Life Insurance Trust is an irrevocable trust and can generally not be amended. Although Florida's new trust code does allow for easier amendments of trusts when the primary purpose of the trust will not be accomplished by the current form...
Florida Unrecorded deeds and Estate Planning
Posted on January 28, 2008Normally a Florida Estate Planning Lawyer would advise against signing a deed conveying a home or other property without recording the deed. What happens if a Florida deed or Florida Enhanced Life Estate Deed is signed but unrecorded? Is the deed valid? What risks are associated with unrecorded deeds? Why would someone want to sign a deed but not record the deed in Florida? A Florida Deed is not invalid just because it is not recorded...
Overriding your will by mistake
Posted on January 27, 2008When reviewing your Florida Estate Plan be sure that your will does not conflict with other actions you have taken to avoid probate. Assets that have joint ownership, payable on death designations or beneficiaries will not pass to the beneficiaries names in your Florida Estate Planning Documents...
IRA Beneficiaries - Know the Rules
Posted on January 23, 2008As Baby boomers retire and move to Florida or other states, one of the jobs of an Estate Planning Lawyer is to review the Beneficiaries on IRA and other types of accounts. Denice Glerach a lawyer in Naperville wrote an article discussing this problem and suggesting some solutions for IRA's suggesting that most people do not realize that the money in a traditional IRA account or employee benefit accounts are subject to income taxes by the recipient as well as estate taxes upon the death of the IRA owner...
Florida Firearm Legislation Has Been Filed
Posted on January 22, 2008Below is some information I on proposed Florida gun legislation. The following bills have been filed to protect your constitutional and statutory right to have a firearm stored in your vehicle in a parking lot for self-defense and other lawful purposes...
Beware of Trust Mills
Posted on January 22, 2008Randall Armour of the Santa Clarita Valley Signal wrote an article discussing Trust Mills and gives some advise on how to spot a trust mill and several problems associated with them.1. Trust mills often prepare documents after the client has filled out a simple check-the-box-type questionnaire...
Living Trust Mills Winding Up In Some States
Posted on January 22, 2008Although there are no current verdicts against Florida Companies, many states have taken action against living Trust Scams / Trust Mills / and Elder Law Planning Seminars. Michael Bonasera of Buckingham Doolittle & Burroughs, LLP and author of the The Ohio Trust & Estate Blog wrote an article titled Living Trust Scams/Trust Mills/Elderlaw Planning Seminars - STAY AWAY! where he mentions a previous posting on this Blog, Florida Estate Planning Lawyers Blog, on a similar topic dealing with a Texarkana Arkansas class action suit...
Gun Licensing and The Supreme Court
Posted on January 19, 2008Many gun owners are concerned about how the Supreme Court may rule in a case that is before them. A client of mine sent me a video link that shows what has happened in the UK and Australia. We have seen a substantial increase in the number of people looking to establish NFA Gun trusts in the past few months...
Death of Employee and Final Paycheck
Posted on January 17, 2008A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send notice to their address that the check is being held for their estate...
Supreme Court Limits Deductions on Trusts
Posted on January 17, 2008The Supreme Court upheld the limits on income tax deductions for a trustsor estate. The Court ruled against the Knight family (they created Pepperidge Farm). The Court said trusts ordinarily may not deduct the full cost of investment advice on their income tax returns...
Medical Powers of Attorney for Minor Children
Posted on January 16, 2008Florida residents who have minor children should consider executing a power of attorney which allows another to take care of their minor children medically if they are unable to do so or unavailable at the time. A medical power of attorney for a minor child is just another piece in the estate planning jigsaw puzzle...
Class Action Suit Against Living Trust Sellers
Posted on January 15, 2008A number of Texarkana residents have filed suit against sellers of living trust documents in a class action accusing the salesmen of exploiting senior citizens. This is similar to what I reported happening in California in December. A Plaintiff says he purchased a living trust after attending a lunch presentation at a restaurant...
Florida Prepaid Funeral Plans and Estate Planning and Elder Law
Posted on January 14, 2008Part of Florida Elder Law planning and Florida Estate Planning includes planning for funerals. medicare exempts prepaid funeral plans in Florida and many other states. Sam Hasler of the Indiana Civil & Business Lawyer Blog has an article about this...
Leaving IRA Money to a Minor
Posted on January 13, 2008Fox Business has an article on A New and Smart Way to Leave Your IRA to a Minor where they discuss the importance of reviewing beneficiaries on all acounts including insurance, annuities, and retirement plans. They discuss leaving a percentage of the account rather than a dollar amount as this can cause complications if there are not enough assets in the account...
Who Will Inherit Your IRA?
Posted on January 13, 2008Vanguard recently sent their clients a notice that they would no longer allow their clients to name different beneficiaries for multiple IRA accounts and would be changing the beneficiaries to whomever was named last. If you have a Florida Estate Plan that uses POD or beneficiary designations, this could significantly change your estate planning...
Ten Florida Estate Planning and Probate Tips - 2008
Posted on January 11, 2008Florida residents should start the New Year off right, here are ten important Florida estate planning and Florida probate and tips for the New Year. 1. If you don?t have a Will, get one. Florida estate planning and Florida Probate tip #1: Have a Florida Will...
Who Get What in a Florida Probate with No WIll?
Posted on January 11, 2008The Florida Bar has released consumer information on Florida Probate. One of the most common questions deals with the distributions of a persons estate when is no will in a Florida probate case. Contrary to the belief of some, the decedent?s assets are not turned over to the State of Florida unless no intestate heirs can be found...
What does a Personal Representative do in Florida?
Posted on January 10, 2008The Florida Bar has released consumer information on Florida Probate. One of the most common questions deals with the personal representative and their role in a Florida probate case. The personal representative is the person, bank or trust company appointed by the court to be in charge of the administration of the estate...
Withholding of Last Paycheck in Florida
Posted on January 09, 2008There is no requirement in Florida that an employer must tender a final paycheck immediately upon an employee's termination. Generally, after an employee has been terminated, his final paycheck(s) is due on the next regular payday or days. The employer may not hold the final paycheck as "ransom" in an attempt to force the employee to sign a release or other document...
Employment Law and Withdrawn Offers
Posted on January 09, 2008In Florida, what happens if you receive an offer for a job, quit your present job and then find out that your new job is no longer being offered to you? Depending on the offer, you may have a breach of contract claim, fraud in the inducement, or promissory estoppel...
Wrongful Termination in Florida
Posted on January 08, 2008Often I am asked about wrongful termination by Florida Employees. While in some states a company must have cause to fire you, Florida is not one of those states. Florida is an at-will employment state. This means that an employer may fire, demote, hire, promote, and discipline employees for almost any reason or no reason at all...
Florida Non-Compete Agreements
Posted on January 07, 2008After quitting or being terminated, your employer will tell you that you are bound by your non-compete agreement. The reality is that even if the agreement is invalid, most employees don?t have the will or the resources to fight a non-compete or non-solicitation agreement...
Discrimination, Retaliation, & Harassment Law in Florida
Posted on January 06, 2008In Florida, general ?harassment? is not illegal. Your boss can be a jerk. Harassment because of the employee?s race, sex, age, religion, national origin, color (essentially, shade), pregnancy, disability, marital status, or, sometimes, sexual orientation, is illegal...
Can I Sue my Employer for Defamation?
Posted on January 05, 2008In Florida an employer is generally immune from suits based upon information given in references. That doesn?t mean that an employer may knowingly give false information. An employer may be sued for defamation if they make knowingly false statements, or with reckless disregard as to their truth, on matters such as theft, dishonesty, termination, criminal behavior, or discrimination...
NFA Trust and Purchase of Class 3 Items
Posted on January 05, 2008If you live in a Jacksonville or another city in Florida where the Chief law Enforcement Officer (CLEO) will not or easily sign a Form 4, there are several solutions. Class 3 Weapons include suppressors, , short barrel rifles, machine guns, and other destructive devices...
Donating Your Body for research in Florida
Posted on January 05, 2008Most Florida medical schools will accept donation of bodies (complete with organs). Florida Medical schools will use them for research and instruction. Generally after the body is used, it will be cremated by the school. If requested most schools will return the remains if requested...
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What is comparative negligence and strict liability in tort law?
A. comparative negligence
B. seller sells to buyer
B. defense of ...
Is a child fathered out of wedlock by an American diplomat to a foreign women on foreign soil entitled to US Citizenship by jus sanguinis?
This is a very tough situation your friend is in. It is difficult to know the ex...
Can collection agency call me for my mother debt that she never had?
Get an Attorney - quickly. Do not talk to the collection people. Do not tell the...
Can driving accident be cause for termination?
If your state is an at-will state, the company can fire you for any reason or fo...
Must I refinance my house aftering taking full ownership after a divorce via a quit claim?
When financing there are at least two documents...the mortgage and the note. The...
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