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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

Homestead Exemption Crackdown

Posted on November 22, 2010
Most Florida Estate Planning Lawyer deal with planning for the unexpected and protecting your assets for those after we are gone. Part of this protection and planning often involves the use of the Florida Homestead. The Homestead Exemption is not exclusive to Florida...

Florida Homestead Property Law for Ponte Vedra Condominiums

Posted on November 22, 2010
Florida homestead is a constitutional protection which makes the homestead of a decedent exempt from the claims of creditors. Florida Homestead can apply to condominiums, however, a Florida District Court recently affirmed a lower court decision which held that decedent's contractual interest in a condominium (which was owned by decedent at the time of her death) was not homestead property, and therefore, not protected from claims of creditors...

The Future of Multi-Member LLC's in Florida

Posted on November 15, 2010
The recent court decision which removed the charging order protection for single member LLC's has raised concern over whether a multi member LLC has charging order protection. In addition, a member in Florida is defined as one who has an an economic interest in a Florida LLC as well as one who has been admitted as a member...

Some Contemplate Dying in 2010 to Avoid Estate Taxes

Posted on November 10, 2010
Forbes has an article about contemplation of death in 2010 to avoid estate taxes. As 2010 comes to an end, there may not be time for many to make the decision. The article quotes Rep. Cynthia Lummis in saying that some of her Wyoming constituents are planning to discontinue dialysis and other life-extending treatments so they can die before December 31st...

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First congressional face-off of new year could be over tax cuts

Posted on November 09, 2010
The Bush tax cuts are set to expire on 12/31/2010. Many feel the the first face-off between Republicans and Democrats could be over the estate tax and income tax issues. If nothing is done we will see significantly higher estate taxes and income taxes in 2011...

Family Business threatened by Estate Tax

Posted on November 08, 2010
The Napa Valley Register has a story of how a family vineyard was hurt by not planning properly for estate and death taxes. While this has not been a major concern this year with few states having death taxes and none at the federal level, this is about to change January 1st unless there is a legislative change...

Unlicensed Contractors Can't Enforce Agreements

Posted on October 28, 2010
The 3rd DCA recently ruled that a contractor who enters into a contract with a company to install a satellite system was not able to enforce the contract because the contractor was not a licensed electrical contractor and as such the contract was unenforceable Under Florida Statute 489...

Forbes reports that 60% estate tax rate could be around the corner

Posted on October 21, 2010
Ashlea Ebeling with Forbes is reporting that next years estate taxes could be as high as 60% for some. This title is misleading because the maximum estate tax will be 55%. She gets 60 percent by adding the max rate of 55% plus the 5% surcharge for assets between 10 million and 17...

Florida Estate Planning Procedure

Posted on September 12, 2010
Estate Planning ProcedureWe make it easy and affordable to obtain professional legal advice by offering complimentary consultations for your Florida estate planning needs with a Jacksonville Estate Planning Attorney. Once you've decided to implement your Florida estate plan, your documents will often be ready in less than two weeks...

Florida Estate Planning Lawyer Update: New Changes to Florida Homestead

Posted on September 12, 2010
Starting October 1, 2010, if you die in Florida your spouse will be able to elect to take the traditional life estate in your homestead that is separate property or a 1/2 interest in the property. While this does not effect many Floridians, it does effect many who got married after purchasing their home or who have children from another marriage...

Do-It-Yourself Wills: Good or Bad

Posted on September 08, 2010
While most articles seem to be nothing more than a press release from Legal Zoom or Quicken, Deborah Jacobs seems to really examine the issue. Check our the Forbes.com article on some of the Pitfalls of Do-It-Yourself WIlls

When can Notice to the Creditors Be sent

Posted on September 07, 2010
Creditors only have 90 days to file claims in a Florida Probate once notice has been published. For this reason it may be beneficial to publish notice as soon as possible. Unfortunately, you can only publish notice once a Personal Representative has been appointed...

Florida Constitution can protect two Florida Homes as Homestead

Posted on September 02, 2010
The Homestead Exemption in Florida, which was established in the State's Constitution, has always provided for the protection of the Family home free from creditors and liens. In 1985 the Constitution was amended to extend the protection to the "natural person" and not necessarily having to be the head of the household...

Pre-Validation of Wills and Trusts Before You Pass Away

Posted on August 24, 2010
Over the past summer, Alaska has become one of a few states to allow pre-validation of a will. The state legislature also took the law a step farther and allowed trusts to be validated by the grantor before they pass away. In order to explain the new process it is essential to know how most states operate in the probate process...

Rite Aid Settles with HIPAA for Privacy Violations

Posted on August 21, 2010
A recent article by Tanya Roth reveals some shocking truths about our local drug store. Rite Aid is being held accountable for their employees' actions after an investigation by the Office of Civil Rights (OCR) revealed privacy regulations were not followed...

Protecting My Assets Using A Florida LLC: What are the Options?

Posted on August 20, 2010
Due to the recent decision of the Florida Supreme Court, many single-member limited liability company owners have been left confused and upset. The Ohmstead decision expressly eliminated most of the asset protection benefits that single-member LLCs were thought to have...

Jacksonville Bankruptcy Lawyer

Posted on August 20, 2010
The Apple Law Firm has expanded again and added a Jacksonville Bankruptcy Lawyer and a Jacksonville FDCPA Lawyer who can help Stop Creditor Harassment in Florida. Look for an exciting announcement with a new lawyer addition next week in a related area of Florida Estate Planning...

Lost Wills in Florida Require Live Witnesses

Posted on August 19, 2010
A lost Florida Will is a will that was lost or destroyed without the decedent's knowledge or consent and without his or her intent to revoke. The original Florida Will of a testator can be revoked in a number of ways but the individual must have the intent to revoke the will...

Florida Insolvent Estates: Who Gets Paid First

Posted on August 11, 2010
Whether a death is expected or unexpected, the deceased will probably die with some outstanding debts. It is the responsibility of the estate of the decedent to pay whatever outstanding debts are owed. If you are wondering whether a debt...

Florida Asset Protection and Protecting Retirement Accounts

Posted on August 10, 2010
In a recent article by Kelly Greene of the Wall Street Journal, she explains methods in which individuals can protect their retirement accounts. Over an individual?s lifetime an IRA (Individual Retirement Account) can accrue hundreds of thousands, or even millions...

Updating Life Insurance Beneficiaries Can Be Easy for Florida Families

Posted on August 06, 2010
Whether you want to completely alter the beneficiaries of your life insurance policy or simply add contingent beneficiaries, the process is not all that difficult. However, there are some common mistakes that occur which can result in unpredictable situations...

Scam Targets the Elderly in Florida

Posted on August 05, 2010
align="left" style="margin-right: 5px;"Seniors Citizens in Florida are the latest to fall victim to the scam dubbed the ?Grandparent Scam.? An article in the South Florida Sun-Sentinel details how grandparents are scammed when they first receive a phone call from someone...

Florida Supplemental Needs Trust

Posted on August 04, 2010
A Florida Supplemental Needs Trust (SNT), also known as Florida Special Needs Trust, is a unique trust designed to benefit an individual with a disability. Supplemental Needs Trusts can be broken down into two categories, third party and self settled...

Estate Planning Brings Relief

Posted on August 03, 2010
Planning for your own death may appear morbid to some people, but the knowing your financial affairs are in order brings reassurance. By acknowledging that death will eventually happen to everyone, the estate planning process can proceed. If you suddenly...

Estate Planning and Commercial Services

Posted on August 02, 2010
Estate planning for Digital Assets is a topic that was covered in a two part article by Oregon Estate Planning Attorney on his Wealth Law blog. In the second part of his article Estate Planning and "Virtual Assets" - Part...

Is a Virtual Asset Instruction Letter Enough to Protect Digital Assets?

Posted on August 01, 2010
Everyday there is becoming an increasing need for Digital Asset protection as more and more digital assets are created. In Estate Planning and "Virtual Assets" - Part 1, a recent article written by Washington attorney Michael Walker, he discusses digital...

New Study: Asians Have Increased Estate Planning Awareness

Posted on July 30, 2010
In a recent article published in the New York Times, Sonia Kolesnikov-Jessop writes that Asians are paying more attention to inheritance planning. With a vast number of first generation wealthy Asians getting older, many heirs find themselves in court fighting...

Second Life After Death

Posted on July 29, 2010
While video games have become increasingly realistic over the last few years, they still cannot compete with the virtual world reality of computer based Internet services. To some, SecondLife.com may seem like a game, but to others it really is...

Mother Finds Comfort After Daughter?s Death Through Facebook

Posted on July 28, 2010
In a recent TIME article written by Gaelle Faure, the tragedy of daughter?s death is told. Like many parents of teenagers and young adults, Pam Weiss has never had a social networking account of any kind. Many older generations have...

Mother Finds Comfort After Daughter's Death Through Facebook

Posted on July 28, 2010
In a recent TIME article written by Gaelle Faure, the tragedy of daughter's death is told. Like many parents of teenagers and young adults, Pam Weiss has never had a social networking account of any kind. Many older generations have remained reluctant to create a Facebook or MySpace account due to their lack of technological expertise...

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