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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

Can Trust be Modified by Agent Acting Under a Durable Power of Attorney

Posted on March 16, 2008
Gurfinkel v. Marmor, 32 Fla. L. Weekly D2931 (Fla. 3rd DCA December 12, 2007) The decedent?s trust beneficiaries challenged a pre-death "amendment" executed by the decedent?s spouse as attorney in fact pursuant to a valid Durable Power of Attorney . The amendment "deleted" the trust?s primary asset stock in a family corporation...

Trust Provision interpreting distribution to someone who dies before distribution is complete.

Posted on March 16, 2008
Bryan v.Dethlefs, 959 So. 2d 314 (FIa. 3d DCA May 16, 2007) The decedent?s trust stated, "Upon my death, the then balance of principal and accumulated income remaining in the trust fund shall be distributed to my grandson, Robert R. Bizzell, if he is living at the time of distribution...

Probate - Jurisdiction / Venue Case

Posted on March 16, 2008
1. Anscher v. Lebenthal & Co., 963 So.2d 921 (Fla. 3rd DCA August 29, 2007) Spouse vs. Estate of spouse, co-trustee, & brokerage company The decedent?s surviving spouse bought an action in probate court against the decedent?s estate, the co-trustees of his trust, and his brokerage for failure to transfer securities out of the trust based upon written instructions from the decedent to the brokerage delivered two days before his death...

Quicken WIll = Unauthorized Practice of Law for Insurance Agent

Posted on March 14, 2008
Ernest Chavis is a South Carolina insurance agent who previously had some business dealings with a 91-year-old woman named Annie Belle Weiss. On July 20, 2004, Chavis visited her and, at some point in the conversation, Weiss asked him "Can you help me make a will?" She wanted "someone objective" and told Chavis how she wanted her property divided up...

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Florida Wills

Posted on March 14, 2008
How can you tell if a Will has been altered? Most of the time you cannot tell by simply looking at the document. Often these documents are "tampered with" behind the scenes: friends, relatives, heirs or neighbors pressure, threaten or trick someone into changing, modifying or preparing a new Last Will and Testament or Codicil (an amendment to the Will)...

Key Considerations in Pet Trusts and Estate Planning

Posted on March 13, 2008
Gerry Beyer, author of the Wills, Trusts & Estate Professors Blog has a post on his blog Becoming a "Pet Friendly" Estate Planner which points to an article he wrote in Legal Times. "Your Trust-worthy Pet" discusses the history of providing for pets which began in England in 1889...

Can Your Dog Inherit Your Estate?

Posted on March 12, 2008
In Florida and many other states animals are now allowed to beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust. Today I was reading an article published in Arizona where a letter to the editor basically stated that a Dog could inherit ones estate and referred to Leona Helmsley as an explanation of this...

Free Combination Living Will, Designation of Health care Surrogate and HIPAA Release

Posted on March 12, 2008
The other day, I wrote an article on the pitfalls of using a Free Florida Durable Power of Attorney. I have been thinking of a way to provide a good power of attorney for my readers. I have been unable to come up with a generic form that I feel comfortable publishing because of the huge liability associated with the Power of Attorney in Florida...

Florida Estate Planning Questionnaire

Posted on March 11, 2008
Many of my clients have been asking me to post a copy of my Florida Estate Planning Questionnaire in a Microsoft word document so they can fill in and forward me the information online. This information will be useful to any Florida Estate Planning Lawyer in the creation of an estate plan...

Can Your Dog Inherit Your Estate?

Posted on March 11, 2008
In Florida and many other states animals are now allowed to beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust. Today I was reading an article published in Arizona where a letter to the editor basically stated that a Dog could inherit ones estate and referred to Leona Helmsley as an explanation of this...

Free Florida Durable Power of Attorney - Will it work?

Posted on March 10, 2008
Over the weekend, I read an article about a Free Power of Attorney and decided to look for one for a Florida Durable Power of Attorney. I ran across a website by H & R Block called RocketLawyer.com. This website offered me a free Durable power of attorney for Florida...

Mom's hand-written is it valid?

Posted on March 10, 2008
Rules regarding wills are usually based upon where the will was created. The general rule is that when a Will is valid at the time of creation, Florida will honor the will. There is an exception to this and it regards certain handwritten or holographic wills...

Gifts to yourself with a Power of Attorney

Posted on March 08, 2008
Although a Power of Attorney often authorizes the agent to give gifts, agents should be careful when making gifts to themselves. The Chicago Tribune has an article on an agent who gave herself $180,000 in gifts and the ensuing court battle over theft by deception, financial exploitation of an elderly person and conspiracy to commit financial exploitation of an elderly person...

Death Detective Aids South Florida Researchers

Posted on March 07, 2008
If you need information on someone who died in south Florida in the last 100 years, you may be in luck. A south Florida resident, Ann McFadden, has compiled a 4,000-page record of all most every death listed in a local newspaper for more than the last 100 years...

Florida Long Term Care Insurance Backfires

Posted on March 06, 2008
Many individuals have long term care insurance to help with nursing home and assisted living costs. Generally it has been considered a good idea when individuals can afford the premiums. Rarely does having long term care insurance lead to a negative result...

NFA Trusts - Certificate of Trust will not work

Posted on March 05, 2008
The BAFTE will no longer accept a certificate of trust with a Form 1 or Form 4 application for the purchase of Class III items. According to the person in charge of reviewing all trusts, all applications without the declaration of trust will be rejected...

Florida Guardianship Procedures

Posted on March 05, 2008
A person is qualified under Florida Law to serve as a guardian if he or she: 1. Is over the age of 18 years of age; 2. Is a Florida resident; or a non resident who is:1. Related by lineal consanguinity to the ward; 2. A legally adopted child or adoptive parent of the ward; 3...

Anna Nicole Smith Baby Inherits Her Estate

Posted on March 05, 2008
A Los Angeles judge has decided that the young daughter of former Playboy bunny and television personality Anna Nicole Smith will inherit her estate. Although Smith's will, drafted before her now 18-month-old daughter was born, gave everything to her son, Daniel, it also said she intended that the assets in trust for him be shared equally if she had future children, reports the Associated Press...

Charities Loose Battle over $8 Milliion Will Contest

Posted on March 04, 2008
Only five weeks before his death Leonard R. Brener made a change to his will. He decided to change his beneficiaries form four local charities to his niece and her husband who took care of him while he was dying. The non-profits were stunned and file a suit to battle over the money...

Estate Planning for Pets

Posted on March 03, 2008
Theresa Harrington of the Contra Costa Times has written about groups that encourage estate plans for pets. These are often referred to as Pet Trusts or may be included in a will with language that creates a testamentary Pet Trust. She has found that it is suggested that $10,000 - $15,000 a year be set aside for the care of one's pet...

Will I Lose My Homestead Exemption if I add someone to my Florida deed?

Posted on March 02, 2008
Adding names to the ownership of your home normally does not change your $25,000 Homestead Exemption, BUT you may lose all or part of the protection your property receives from the Save Our Homes (SOH) assessment limitation or "cap". The SOH cap keeps the assessed value of your home from increasing more than 3% per year as long as you maintain your Homestead Exemption...

Will I lose my Save Our Homes Cap if I add someone to my deed?

Posted on March 01, 2008
Maybe, depending on how you own the property (the "tenancy"), and if the new owner files for Homestead Exemption on your property. "Tenancy" is the term used to describe the way property is owned, the relationship between the owners, and what happens to the property when an owner dies...

Can I "undo" or cancel a deed that is already recorded?

Posted on February 29, 2008
In Florida, if the wording of your current deed has consequences that you did not intend, you may want to consider a corrective deed. Please consult an Florida Estate Planning Lawyer , title company or other real estate professional to help you prepare your corrective deed...

How to trandfer property and keep your Homestead Exemption and SOH Intact

Posted on February 29, 2008
Are there other ways of transferring my property for estate planning that will not disturb my Homestead Exemption or SOH Cap? Two methods of transferring your property will, in most cases, keep your Homestead Exemption and SOH intact: reserve a Life Estate for yourself or transfer your property to your trust...

No Florida Estate Taxes: What does this mean?

Posted on February 28, 2008
When one dies the value of their estate is subject to an Federal Estate Tax. This rate is currently 45%. In 2008 the Federal government has an exemption of the estate tax on the first 2 million dollars in value. In addition, many states have additional state taxes that are due when a resident of their state dies...

What Does a Florida Life Insurance Trust (ILIT) Do?

Posted on February 27, 2008
A Florida Life Insurance Trust is an irrevocable trust that allows an individual to make the proceeds of a life insurance poliicy free from income taxes and estate taxes. Typical life insurance policies are income tax free, but many increase the value of one's estate to the point that the federal and or state income taxes are due...

North Dakota NFA Gun Trust Lawyer: Class 3 Firearms Trust

Posted on February 27, 2008
North Dakota 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...

My Bank Wants a Tax ID / EIN number for My Revocable Trust

Posted on February 27, 2008
When creating a revocable trust you may be asked for a Employment ID number (EIN) or Tax ID to open the account or fill out the paperwork. Many banks do not understand the difference between a revocable and a irrevocable trust. Although irrevocable trusts require TAX ID or EIN's revocable trusts do not require them...

IRS Attacks of FLPs and FLLCs

Posted on February 27, 2008
For a number of years the IRS has attacked FLPs and FLLCs on the basis that there is no valid business purpose for the entity. Clients have argued that a key reason for using the LP form is so that capital can be concentrated or pooled and then invested for greater resulting returns...

Florida Guardianship Powers Expire at Death of Ward

Posted on February 26, 2008
In Florida, the powers granted by a Florida Guardianship expire when the ward dies. Often people try to use their powers granted by a Florida Guardianship to control aspects of the after death process. The guardian is without any powers granted by the guardianship once the ward dies...

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