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Estate Planning

Florida Estate Planning Lawyer Blog

Covers estate planning legal issues, cases, and news with a focus on Florida State Law.
By David M. Goldman

Post Frequency: 7.3/day

Last Entry: April 06, 2020 at 17:05:21

Probate and Guardianship fees may increase by thousands in Florida

Posted on April 15, 2009
SB 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, 2009
Back 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, 2009
Often 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, 2009
The 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...

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Assault Weapons Trust

Posted on April 12, 2009
A 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, 2009
While 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, 2009
One 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, 2009
Roy 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, 2009
It 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, 2009
Gerey 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, 2009
Our 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, 2009
Often 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, 2009
Often 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...

Reducing Florida Estate and Trust Litigation

Posted on March 04, 2009

What Property is Exempt under a Florida Intestate Succession or Intestate Probate?

Posted on March 02, 2009

Do I need a Florida Probate?

Posted on February 20, 2009
If 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, 2009
While 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, 2009
Jay 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, 2009
Do 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, 2009
Florida 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, 2009
Most 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, 2009
Although 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, 2009
A 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, 2009
As 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, 2009
One 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, 2009
There 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, 2009
Gerry 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, 2009
One 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, 2009
Forbes.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, 2009
Bad 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...

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