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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

Louisiana NFA Gun Trust Lawyer: Class 3 Firearms Trust

Posted on April 05, 2008
Louisiana 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, 2008
The 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, 2008
Mississippi 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, 2008
Ohio 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...

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Do it yourself Estate Planning: Bad News Part 9

Posted on April 03, 2008
Invalid 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, 2008
A 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, 2008
Arthur 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, 2008
I 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, 2008
City 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, 2008
Chames 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, 2008
Phillips 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, 2008
Qarcia 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, 2008
Glover 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, 2008
Hemandez 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, 2008
Florida 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, 2008
The 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, 2008
Magee 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, 2008
Today, 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, 2008
Vazpuez 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, 2008
I 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, 2008
Fernandez-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, 2008
Major 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, 2008
Graham 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, 2008
Nebraska 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, 2008
Weissenbom 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, 2008
The 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, 2008
Indiana 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, 2008
Ripoll 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, 2008
The 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, 2008
Miller 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...

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