Florida Estate Planning Lawyer Blog: Estate Planning

Home -> Law Blog Directory -> Estate Planning Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Out of State Durable Powers of Attorney and Validity in Florida

Posted on February 26, 2008
A Power of Attorney is generally valid when you travel because a Power of Attorney valid in another state will be valid in Florida. That being said there has been a problem with out of state Power of Attorney being properly recognized in Florida...

Florida Hospice Refusal to Allow Visitation

Posted on February 24, 2008
Recently we have notice that Hospice organizations are refusing to allow people to visit relatives or friends while under the care of Hospice. In these cases, the people were turned away because someone with a Power of Attorney was able to state that the person was not wanted...

Interstate Transfer of Class 3 NFA Firearms

Posted on February 22, 2008
Often I receive inquiries from individuals looking to create a NFA Firearms Trust to purchase Class 3 Firearms. Several times these individuals are looking to keep these Firearms in their vehicle, motor home, or boat. Individuals, Trusts, Corporations, and LLC's must get permission to transport these items interstate...

Terry Schiavo judge handles divorce cases

Posted on February 22, 2008
Florida judge who presided over the Terri Schiavo case until her death, has a new assignment. He no longer judges Florida Guardianship cases. He judges divorce cases. The Judges transfer from Florida Probate and Florida Guardianship court to family court should allow Judge Greer who is now 65 to serve the next three years in obscurity before his retirement...

To access this complete feed in the blog feed reader login or register for free.

What is a Taxable Gift?

Posted on February 21, 2008
In 1984 the Supreme Court in Dickman v. Commissioner, defined a taxable gift by using an analogy. The Court used the income tax definition of ?all income from whatever source derived? to describe how a taxable gift should be defined. Section 2501(a)(1) of the Internal Revenue Code imposes a tax upon "the transfer of property by gift...

Alabama NFA Gun Trust Lawyer for Firearms Purchases

Posted on February 20, 2008
Alabama has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the 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...

Family Limited Partnerships and Valuations

Posted on February 19, 2008
A common technique with large Florida Estate Planning is the use of FLP's or Family Limited Partnerships. Neil Hendershot of the PA Elder, Estate & Fiduciary Law Blog summarized the recent highlights of the Heckerling Institute where they discussed those issues in detail...

Wisconsin NFA Gun Trust Lawyer

Posted on February 18, 2008
Wisconsin has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the 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...

South Carolina NFA Gun Firearms Trust Lawyers

Posted on February 18, 2008
South Carolina has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the 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...

Fund your Revocable Trust

Posted on February 17, 2008
The most common problem with Florida Estate Planning or estate planning in general is that those how are in the most need of the benefits a Florida Revocable Trust can offer are the ones who usually fail to fund their trust. Creating a Florida Revocable Trust is only the beginning...

Another Reason to Have a Florida Durable Power of Attorney

Posted on February 15, 2008
Mississippi's Supreme court decision reinforces the importance of having a Durable Power of Attorney. A Florida Durable Power of Attorney can be one the most important Florida Estate Planning Documents, a Power of Attorney allows a person you "agent" or "attorney-in-fact" -- to make financial decisions for you when you are unable to make these decisions for yourself...

Estate Taxes or Probate Fees

Posted on February 15, 2008
As the Estate tax exemption continues to increase, fewer and fewer American families are subjected to the death Taxes. On the other hand this is creating a real problem with probate fees. Since fewer families are concerned with estate taxes, the overlook the fees associated with probate...

Is your Enhanced Life Estate Deed Valid?

Posted on February 14, 2008
All Florida Enhanced Life Estate Deed or Florida LadyBird Deed are not created Equal. In the past, I have had clients come to me for help when a title company would not accept the language on an Florida Enhanced Life Estate Deed or Florida LadyBird Deed...

Pennsylvania National Firearms Gun Trust (NFA Class 3)

Posted on February 14, 2008
Pennsylvania has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the 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...

Texas NFA Firearms Trust (Class 3) Purchases

Posted on February 13, 2008
Texas has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the 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...

New Proposals for FMLA

Posted on February 12, 2008
The Department of Labor has released proposed revisions to the Family and Medical Leave Act regulations. If adopted, the changes would significantly alter the current FMLA procedures. The proposals were prompted by continued tension between employers and employees concerning intermittent leave and the Supreme Court's 2002 Ragsdale v...

Would you put your mother here?

Posted on February 08, 2008
Fifty-four nursing homes Located 35 states including Florida are being told by the government that they?re among the worst in their states in an effort to get them to improve patient care. The homes in question are among more than 120 designated as a ?special focus facility...

Britney Spears Not Competent Enough to Hire Lawyer

Posted on February 08, 2008
Britney?s dad had was appointed as conservator of her person and co-conservator of her estate, which means her dad is now in control of what Britney can do, who she can see, and he?s controlling all access to her bank accounts and credit cards. Over the weekend, Britney attempted to hire her own lawyer to fight her dad?s attempt to take over her personal and financial affairs...

Florida Intestate Succession

Posted on February 07, 2008
When someone dies without a Florida Will Their property is distributed under the Florida Statutes. Chapter 732 define the order of succession to a decedent's property. 732.103 Share of other heirs.--The part of the intestate estate not passing to the surviving spouse under s...

Can a Power of Attorney modify a Trust?

Posted on February 06, 2008
Florida changed their statute regarding Power of Attorney several years ago. It seems that many banks and other financial institutions were not honoring existing powers of attorney documents. Florida changed Florida Statute 709 to allow for enforcement and recovery of expenses associated with the improper denial of a Power of Attorney...

Business owners and Florida Estate Planning

Posted on February 05, 2008
If you own a Florida Limited Liability Company or Corporation there are unique Florida Estate Planning challenges. Often Florida Business owners fail to plan properly if they plan at all. Greg Herman-Giddens of the North Carolina Estate Planning Blog has an article where he gives a list of 32 Questions to ask if you own a business...

Florida Millionaires increase and Estate Planning

Posted on February 04, 2008
As the Percentage of Florida Millionaires continues to rise, the need for more complex Florida Estate Planning continues to increase. When ones assets are significant the benefits of a Florida Revocable Trust in conjunction with a Florida Will are increased...

Sloppy Drafting of Florida Wills and Florida Trusts

Posted on February 03, 2008
Drafting and transfer of assets is an important aspect of a Florida Will or a Florida Revocable Trust. Real estate held by a company will not transfer to the trust unless the ownership of the company interest is transferred. In a recent Florida case a testator never transferred the ownership of his business entity...

Florida Asset Protection for Your Business

Posted on February 02, 2008
Besides using multiple entities for asset protection, two common methods include the use of UCC liens or lease backs. UCC filing is the equivalent of equity stripping. The UCC filing is a lien on your business asset from typically from a finance company...

Florida Pet Trust: Unexpected Expences

Posted on February 01, 2008
With the recent rise in the popularity of the Florida Pet Trust many individuals are caught off guard with unexpected expenses associated with a Florida Pet Trust. These expenses are also associated with Florida Pet Trusts from other states as they are related to Federal issues...

Second Marages: Estate Planning and More

Posted on January 31, 2008
When considering getting married for the second time, or to someone with a prior family it is important to consider Estate Planning, Long-Term Care, the family home, Social Security, Alimony, Survivor's Annuities, and College Financial aid as an article on Forbes has reported...

Estate Planning for Non-U.S. Citizen Spouses

Posted on January 31, 2008
How is a Florida Estate Plan different if you or your spouse is not a citizen of the United States? The Connecticut Elder Law Blog reported in an article that if non U.S. citizens have a completely different set of estate tax rules to contend with. If the U...

Reasons to Create a Living Trust

Posted on January 30, 2008
Mark Jakubik of the Pennsylvania Estate Planning Lawyer Blog posted an article Reasons to Prepare a "Living Trust" where he has compiled a good list of reasons. They are: * Avoiding probate. Since the property is no longer in your name as an individual, but is now in your name as trustee, there is no reason to go through probate...

New Blog Florida Child Injury Legal Blog

Posted on January 30, 2008
One of the Lawyers in my office, David Wolf, has followed my lead and started to create a legal blog dealing with Florida Child Injury issues. David's blog is the Florida Child Injury Lawyer Blog. David covers everything from Florida Automobile Accidents, Florida Child Safety, Florida Crimes Against Children, Florida Dog Bites, Florida Homeowner Claims, Florida Home injuries, Florida Playground injuries, Florida wrongful death ...

Non Compete Agreements and Bankruptcy

Posted on January 29, 2008
I was recently asked about violations of a Florida non-compete agreement and the effect of a personal bankruptcy filing. I found a case which seems to address this issue on point. The case law is that as long as the debtor does not prove that the contract damages are tortuous and that he debtor caused willful and malicious injury the claims are discharged under the bankruptcy code as any other claim is...

Previous | Next

Related Law Bulletins

Personal Injury: 5 Reasons Why Your NY Injury Lawyer Will Lose His License
1. He steals your money.2. He steals your money.3. He steals your ...

Real Estate Agents, Lenders, Appraisers & Home Inspectors: ARE BUYERS WASTING TOO MUCH OF YOUR TIME?
PREQUALIFY, PREQUALIFY, PREQUALIFY. It cannot be said enough times...

What Should Sellers Look for in Hiring a Real Estate Agent?
MARKETING SKILLS, MARKETING "SUPPORT" AND EXPERIENCE. There are nu...

Should Sellers Hire a Real Estate Agent?
We often say YES! There are simply far too many unscrupulous buyer...

Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...