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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

What is a 529 accounts, and are they good?

Posted on May 12, 2008
529 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, 2008
You 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, 2008
It 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, 2008
In 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...

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For whom are living trusts most appropriate? What are the pros and cons?

Posted on April 28, 2008
Florida 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, 2008
The 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, 2008
There 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, 2008
There 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, 2008
It 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, 2008
The 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, 2008
The 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, 2008
As 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, 2008
The 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, 2008
Leanna 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, 2008
Last 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, 2008
Tennessee 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, 2008
There 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, 2008
In 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, 2008
The 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, 2008
Florida 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, 2008
Virginia 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, 2008
Unless 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, 2008
In 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, 2008
I 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, 2008
Neil 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, 2008
As 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, 2008
Divorcing 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, 2008
The 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, 2008
The 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, 2008
Many 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...

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