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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

Florida Probate of Time Share Property

Posted on January 18, 2011
As a Jacksonville Estate Planning Lawyer I get questions from Lawyers and clients all over the country on how to deal with a Florida Timeshare and if it is necessary to open a separate Florida Probate for the timeshare. It is important to determine if there is any value in the Florida Timeshare property...

Florida Homestead Protection in a Trust?

Posted on January 17, 2011
As a Jacksonville Attorney at a Florida Estate Planning Firm, I have seen many issues concerning homestead protection in both probate matters and in estate planning. When you occupy a home in Florida as your main residence, this is called your homestead property...

How do you Revoke or Amend your Florida Will?

Posted on January 17, 2011
If you have ever thought about changing or invalidating your Florida Will it is recommended that you speak with an Attorney at an Orange Park Estate Planning Firm, who is familiar with the Florida Statutes which govern the preparation and revocation of Florida Wills...

Jacksonville Beach Gay and Lesbian Couples Prepare Florida Wills and Estate Planning Documents

Posted on January 16, 2011
Jacksonville Beach gay and lesbian couples protect their property for those they love by having their wills made. If you die in Florida intestate (without a will), your partner will not inherit from you. Without a valid Florida will, your surviving family members have 1st priority, there are no provisions for non-family members...

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Florida Lesbians in the Workforce, Do they Earn More?

Posted on January 12, 2011
According to an article in the New York Times, lesbians make about 6% more money than heterosexual women when factors like race, education, profession, location, and number of children are accounted for. One theory is that "straight" women expect to end up with a husband or partner who will be the breadwinners in the family, so are more likely to make career sacrifices or focus their efforts away from the employment market...

Stealing from your Grandmother's Trust Fund?

Posted on January 11, 2011
St. Augustine trustors establish a Florida Trust may have numerous objectives in mind. Trust assets can benefit several beneficiaries; a trust may help you avoid the probate process by funding the trust during your lifetime; and Florida trust funds can be managed by professionals...

Florida Anti-lapse statute and gifts to in-laws

Posted on January 04, 2011
Recently the 3rd DCA in the Florida case of Lorenzo v. Medina ruled that the anti-lapse statute must be strictly construed and that gifts to in-laws are not saved and lapse unlike a gift to a close family member. This means a gift to a sister-in-law who predeceases the testator is not honored while a gift to a predeceased sister would go to her children...

Jacksonville Pet Trust Lawyers Love Animals

Posted on January 04, 2011
Florida pet lovers are part of the estimated 71.4 million households that have at least one pet. according to an article published in the Chicago Sun-Times. Jacksonville animal lovers spend lots of time and money caring for their pets, but what happens to these beloved creatures when their owner passes away? If you have not made an arrangement with a family member or friend your pet may end up in an animal shelter or worse...

Tax day extended to April 18- This year only

Posted on January 04, 2011
The bonus days come thanks to Emancipation Day, a little-known Washington, D.C., holiday that celebrates the freeing of slaves in the district. Emancipation Day falls on Sat., April 16, but it is observed in D.C. on Fri., April 15. That prompted the IRS to extend the tax filing deadline to April 18 this year...

What Happens if I Die in Florida without a Will

Posted on January 03, 2011
If you live in Ponte Vedra and die before you have made your Florida Will, you have died "intestate". What this means is that your intentions as to who will inherit what from you, and who will be appointed Personal Representative of your estate is now determined by the state of Florida...

Jacksonville New Year's Resolution - Prepare your Will

Posted on December 31, 2010
Prepare your Will! It's easy, it's affordable and it doesn't involve giving up anything sweet. We are all guilty of procrastinating when it comes to having our Florida Will prepared, make this a priority for 2011. Once you make the decision, you will be able to rest assured that when you pass (hopefully many years from now), your family will be provided for according to the provisions you have made...

GST Loop Hole- Must Act before 12/31/10 to take advantage of this.

Posted on December 27, 2010
The Tulsa Estate Planning Blog reported that The 2010 Tax Relief Act creates a unique opportunity to make gifts through December 31, 2010 that are not subject to the generation-skipping transfer tax. This is because, under the new law, the tax rate is zero for any generation-skipping transfer made in 2010...

Be Informed Before Retaining an Orange Park Probate Attorney

Posted on December 23, 2010
A Florida Probate Attorney was suspended from practicing law by the Florida Supreme Court. The attorney was said to be causing great public harm by a pattern of "obtaining fees, controlling assets, enforcing individuals to 'pay him' before he would resign as trustee of several trusts"...

Florida Gun Trust Lawyer & Florida Class 3 Firearms Trusts

Posted on December 15, 2010
Florida Gun Trusts are not the same as a standard Revocable or Living Trust. We are getting more and more so called Gun Trusts that have been prepared by lawyers in Florida and other states that are nothing more than a traditional revocable trust with a few definitions thrown in to discuss the National Firearms Act...

Scammers phone seniors saying they are owed a refund

Posted on December 15, 2010
The SunSentinel is reporting that Medicare recipients are being scammed again by identity thieves who are trying to steal personal and financial information by claiming they are owed a Medicare HMO owes them a refund. Claiming to work for Humana or CarePlus they ask for the birthdate, social security number, bank account information and Medicare numbers to process the refund...

Want to read the new Tax Bill?

Posted on December 14, 2010
For those of you who want to read the Reid-McConnell Tax Relief bill for more details on what is actually in it follow this link For the summary download this document.

Where There's a Florida Will, There's Your Way!

Posted on December 14, 2010
Whatever the extent of your Jacksonville property or assets, it is important to have your Florida will drawn up. If you die before you make a will, the State of Florida intestacy succession laws will distribute your property for you. It is important to consult with a Jacksonville Estate Planning Attorney to ensure that your will is prepared in accordance with Florida Statutes...

Houston Astros on the Market for Estate Tax Reasons

Posted on December 13, 2010
Forbes.com has reported that no price has been set for the Astros, but Drayton McClane Jr., has decided to sell the team for estate planning purposes. The team is worth a reported 455 Million and could create a tax bill of more than 200 Million dollars...

Orange Park Personal Representative Selected in Absence of Will.

Posted on December 13, 2010
A Florida Personal Representative is appointed by the probate judge to settle the decedent's (person who died) estate and distribute the property to the beneficiaries. When an Orange Park resident dies without leaving a will (dies intestate), Florida Statutes, Section 733...

Jacksonville Wrongful Death Claim Settlements May be at Risk from Creditor Claims

Posted on December 09, 2010
When a Florida Wrongful Death action is settled, the money either goes to the estate of the decedent (the person who has died) or to the decedent's survivors. If the settlement is small, it can be handled with a summary administration. When this happens, the settlement money becomes an asset of the estate and can be subject to the claims of creditors...

5M Estate Tax Exemption? But what about Stepped Up Basis?

Posted on December 09, 2010
It has been widely reported that the extension of the Bush Tax Cuts is being recommended by Obama in addition to agreeing to a new estate tax of 35% on assets in excess of 5 Million dollars but no one is reporting on what will happen with the loss of stepped up basis...

Removal of Florida Guardian may be in the Best Interest of the Ward.

Posted on December 07, 2010
A Florida guardian may be appointed to exercise limited or total powers over a ward (minor, elderly or incapacitated person). There are times when a Jacksonville guardian appointed by the court has failed to act in the best interest of the ward. If a Jacksonville Guardian fails to ensure that the ward is being properly cared for or is not managing the ward's property and assets in a responsible manner, a family member, friend or interested person may have to take action...

Using a Business Entity as the General Partner of a Limited Partnership

Posted on December 07, 2010
One needs to be careful that they do not expose their assets in a Florida Limited Partnership to forced distributions because they choose a general partner that can be take over. In the past and in many other states, it is common to protect the GP from liability by making it a corporation or LLC...

Oklahoma Law Lets Executors manage Online Social Media Accounts

Posted on December 07, 2010
A new law in Oklahoma appears to let estate executors have the power to access, administer, or terminate online social media accounts of the deceased. This law is in direct contradiction to the licensing arrangements of most online accounts and it has yet to be seen how and if the law will provide rights to estates...

Florida Probate Code Requires Production of Wills

Posted on December 06, 2010
Wills need to be deposited with the court within 10 days of death. Florida Statutes, Section 732.901. A Jacksonville custodian of a will must deposit the will with the appropriate clerk of court within 10 days after receiving information that the testator (person whose will it was) is dead...

Florida Estate Planning and Beneficiary Designations

Posted on November 29, 2010
When creating Florida Estate Planning Lawyer it is important to remember that once you create the documents your job is not done. If you create a Florida Revocable Trust it is important to fund the trust or it will not provide one of the typical benefits of avoiding a Florida Probate...

Jacksonville Lesbian and Gay Estate Planning for Couples

Posted on November 26, 2010
As a Florida lesbian and gay person in a committed relationship, you know that living in Jacksonville does not afford you the same legal rights as if you were in a relationship with a legally recognized spouse. Not only will you be ineligible to receive survivor social security benefits, or other government benefits when your same-sex partner dies, but, If you don't have written documents in place, many partners will lose property, assets, access to their children, and the right to make medical and financial decisions...

Orange Park Gay Military Estate Planning Documents

Posted on November 25, 2010
Although "Don't Ask, Don't Tell" may one day be a thing of the past, the laws in Florida do not recognize gay and lesbian military couples in the Orange Park area. There are, however, several legal documents that can be prepared to ensure that your loved ones inherit from you, that your children are cared for, and that your future health care is provided according to your wishes...

Ponte Vedra Florida Gay and Lesbian Advance Directives

Posted on November 24, 2010
If you are gay or lesbian in Ponte Vedra or the Jacksonville area, having properly prepared Florida Advance Directives is essential. Whether you are young, healthy, and believe you will live forever, the fact remains, that if you wait until illness, injury, or disability to strike, you will not have a voice in your own future health care...

St. Augustine Florida Guardianship for Developmentally Disabled

Posted on November 23, 2010
Many people residing in the St. Augustine area, suffer from developmental disabilities. Unfortunately, as these individuals get older, the disease progresses to the point where the person is often unable to take care of and manage their own financial and personal affairs...

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