Estate Planning

Surge on wills: Fearing death by COVID-19, people ask lawyers to write their last wishes

Posted on April 06, 2020
The Miami Herold is reporting the there is a surge in people asking for wills to be written. The article states: Lawyers are being bombarded with requests to write wills, update estate plans and prepare health surrogate or ?pull the plug? documents as people are confronted by the realization that they could be diagnosed with […]

Have You Lost Your Job because of the Coronavirus?

Posted on April 01, 2020
Have you lost your job because of the Coronavirus? As an essential business, we are open and available to meet by phone  by calling (904) 990-8000 or video conference We have a Certified Online Notary on staff. Continue reading

Why Estate Planning matters during the Coronavirus (COVID-19) and what you can do to prepare.

Posted on April 01, 2020
Why Estate Planning matters during the Coronavirus (COVID-19) and what you can do to prepare. On March 17th, the outbreak of Coronavirus has grown to at least 4,226 cases, and numbers are still growing. According to the CDC, Florida alone is ranging from 101-200 reported cases, and the elderly is a suspectable target...

Important Questions we all want to know about Estate Planning

Posted on March 31, 2020
In Florida, an estate plan provides you a plan for what happens to your assets at your death. Another crucial part of your estate plan, specifically your will, is where one nominates who will be the guardian of any minor children. Although the court will decide what’s in the best interest of the child(ren), having […]

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Free Florida Health Care Power of Attorney from Law Office of David M. Goldman

Posted on March 24, 2020
A medical power of attorney or Health Care Surrogate is an essential document.  With the current situation in Florida, we feel that everyone should be able to designate who they would like to make medical decisions if they are unable. We have modified our Designation of Health Care Surrogate so that it can be signed […]

Florida Guardian Advocacy: How do I remain the Guardian of my special needs child?

Posted on January 02, 2019
Florida Guardian Advocacy: How do I remain the Guardian of my special needs child? In Florida, remaining the Guardian of my special needs child upon reaching the age of majority, 18 years, requires the parent to become the legal Guardian of the child through the Court system...

The most important job of a Florida Guardian

Posted on November 30, 2018
The most important job of a Florida Guardian The most important job of a Florida Guardian is to ALWAYS act in the Best Interests of the Ward. A Florida Guardian is a person appointed by a court to take care of someone who cannot care for himself or herself...

Florida Guardianship Examining Committee: What must the reports include?

Posted on November 16, 2018
Florida Guardianship Examining Committee: What must the reports include? In a Florida Guardianship, what must be included in the Florida Guardianship Examining Committee Members? reports? This September, the District Court of Appeal for the Fourth District of Florida examined the requirements of Examining Committee Members? reports in Cook v...

Florida Guardianship Abuse: Palm Beach Guardian under Fire

Posted on November 16, 2018
Florida Guardianship Abuse: Palm Beach Guardian under Fire Florida Guardianship Abuse is unfortunately far too common as many retirees flock to Florida for retirement. Retirees move to Florida to enjoy the beaches, sunshine and tax advantages. At any given time, there are 30,000 to 40,000 open guardianships cases being overseen by the Florida Court System...

Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?

Posted on September 24, 2018
Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida? A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare […]

Your Ponte Vedra Nephew, My Jacksonville Beach Niece, Our Same-Sex Relationship.

Posted on March 28, 2011
If you live in Jacksonville Florida and have a same-sex partner, written, legal documents are what is needed to not only provide for your life-partner, but to leave something to the loved ones in your life. There are many gay and lesbian couples who do not have their own children, and very often they become very close with nieces and nephews...

Does Florida's Constitution Provide Homestead Protection for Same-Sex Couples?

Posted on March 27, 2011
Florida's Constitution severely restricts a judgment creditor's ability to place a lien on, and force the sale of the homestead property. The purpose of homestead protection is to protect the family home from all but a few qualified creditors. To qualify as homestead property, the property must be owned by a real person, as opposed to a corporation, and must be the permanent residence of the owner The St...

Jacksonville Florida: A Cautionary Tale, will your Will be Admitted to Probate?

Posted on March 18, 2011
[Florida Probate: The court supervised process of gathering the deceased person's assets and distributing them to their beneficiaries.] You know the importance of having your last will and testament prepared. -You've heard those ads telling you to prepare your will yourself...

Who Gets Your Last Paycheck?

Posted on March 18, 2011
Florida Statute 222.15 - Wages or unemployment compensation payments due deceased employee may be paid spouse or certain relatives. (1) It is lawful for any employer, in case of the death of an employee, to pay to the wife or husband, and in case there is no wife or husband, then to the child or children, provided the child or children are over the age of 18 years, and in case there is no child or children, then to the father or mother, any wages or travel expenses that may be due such employee at the time of his or her death...

Gay Couples in St. Augustine seek Estate Planning Attorney to Ease Worry

Posted on March 15, 2011
We have all experienced the disdain of families when they don't like the partners we choose in life. When you are a Florida gay man or lesbian living with a same-sex partner, simply being with a same-sex partner is all that is needed to gain the wrath of one's family...

Orange Park Elders Have Rights

Posted on March 14, 2011
Florida's Long-Term Care Ombudsman Program is a volunteer-based organization which advocates for the health, safety, rights and welfare of elders who live in nursing homes, assisted living facilities and adult family-care homes. When an elder is admitted to a long-term care facility, federal law mandates that he or she is given a special set of residents' rights covering issues ranging from dignity and respect to measurable quality of life and care...

To Be Florida Homestead or not To Be Florida Homestead

Posted on March 13, 2011
Atlantic Beach, Neptune Beach and Jacksonville Beach homeowners may know that the Florida Homestead Protection mandated by the Florida Constitution, is afforded to many residents. This homestead protection protects one's home from the claims of most creditors...

Florida Estate Planning Lawyer Blog nominated for Top Estate Planning Blog- Please vote

Posted on March 02, 2011
Our Blog was nominated for one of the top estate planning blogs. Please take a few moments and visit the site, register, and vote for our blog if you like it.  You vote by adding a comment and mentioning our blog in the comment.  ThanksEach comment is counted as a vote toward the supported blog...

Ponte Vedra Wife loses Financial Support when Husband becomes Incapacitated

Posted on February 28, 2011
A Florida family member is not always qualified to act as guardian for a loved one who has been determined to be incapacitated. If you are the spouse or dependent of a person who has been deemed incapacitated under Florida Law, and who is under the control of a professional guardian, you may petition the court for an order directing the guardian of the property to contribute to your support from the property of the ward...

Jacksonville "do it yourself" Wills: Prepare According to Florida Law

Posted on February 25, 2011
Preparing your will without the assistance of a Jacksonville Estate Planning Lawyer may cost your family future trouble and costs. Your Will must be clearly worded, otherwise, your intentions may be disputed by family members. A Florida Will contest may result in a lengthy and expensive court battle, which is exactly what you did not intend for your surviving family...

Jacksonville Estate Planning and Criminal Defense Lawyer

Posted on February 22, 2011
We often do not think of Criminal Defense in connection with Florida estate planning. We have a Jacksonville Criminal Defense Lawyer who has been helpful in dealing with crimes committed by fiduciary agents. Every month we get contacted by individuals who have had their parents or families life savings depleted because someone with a Power of Attorney or other fiduciary position thinks that they can treat the other persons funds as their own...

Estate Tax, Inheritance Tax, What about Both?

Posted on February 22, 2011
According to a Market Watch article by Bill Bischoff, on the Worst Places to Die, New Jersey Tops the list with a combined effective estate and inheritance tax rate of 54.1 %. Estate tax is bad enough but several states have an inheritance tax. Yes you could actually leave money to a family member and they could be charged a percentage of your assets by the state they live in...

A Florida House Divided

Posted on February 16, 2011
As a Jacksonville Beach Probate Attorney, I often hear the disheartening accounts of people who own or buy Florida property together and then have a falling out. If co-owners (who are not married) can't agree to live together or how to handle the property, Florida law allows for a partition action...

Jacksonville Gay and Lesbian Couples Do Good Deeds.

Posted on February 15, 2011
If you are in a domestic partnership and live in a Florida home, or if you are in a same-sex relationship and are planning to buy a house with your partner, you may want to speak with a Jacksonville Estate Planning Attorney and discuss how your deed [the instrument transferring title to real property] should be titled...

Jacksonville Beach Gay and Lesbian Domestic Partners: Don't wait until illness or incapacity strikes.

Posted on February 09, 2011
No one wants to plan for their future, especially when the planning involves a future which may not include you. Jacksonville Beach Estate Planning Attorneys will tell you to prepare your legal documents while you are healthy, and not when you become ill or disabled...

Orange Park half-siblings beware, you may have to share your Inheritance

Posted on February 08, 2011
An Orange Park daughter loses her mother and only then realizes that the deed to the family home was in her father's name, alone. Her father had children from a previous marriage, her father died many years ago, and her father did not leave a Will. According to the Florida Intestate Succession law if one dies without a will, property passes in a specific manner...

No Florida WIll Contest Can Fix This Problem.

Posted on January 31, 2011
When you have a blended family or children from different marriages it is very important to have estate planning that deals with the various possibilities. All to often the standard will or generic documents can produce undesired results. Take for example a Husband and Wife who each have children from a prior marriage...

Ponte Vedra Probate Does Not Have to Be Deadly

Posted on January 25, 2011
The ABA Journal recently reported an unusual case when an attorney's client was targeted for murder by his own brother. The parents of the brothers passed away leaving an unexpected $20 million dollar estate. The brother's were the sole heirs of the estate, but apparently sharing the money was not in the one brothers plan...

The South Rises above in Child Rearing by Gay Couples

Posted on January 24, 2011
Jacksonville Gay and Lesbian parents made news in the New York Times as being one of the biggest populations of gay parents in the country! According to information obtained from the 2009 Census Bureau, about 32% of gay couples in Jacksonville are raising children, second only to San Antonio, where the rate is at about 34%...

A Relative Dies in Jacksonville Beach, what next?

Posted on January 19, 2011
You have recently lost your uncle. He did not own a Florida home or real property but had bank accounts including a money market, CD's and a checking account. The accounts were solely in the uncle's name. His wife passed away years ago and he had no children...

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