In simplistic terms, a will is a document whereby an individual designates the individuals, charities or other entities who will receive his property upon death, who will manage his estate (in Florida known as the Personal Representative) and can include other provisions such as how a trustee under a trust created pursuant to the will […]Continue reading
Revocable Trusts have become synonymous with probate avoidance, cost savings, and other benefits. Trusts can definitely offer benefits depending on the types of assets you own and the number and type of family members involved in the equation. Despite, these benefits, it is necessary to understand collateral issues related to trusts, and certain steps must […]Continue reading
Powers of attorney in Florida are governed by the Florida Power of Attorney Act (“the FPAA). The following is a brief outline of the provisions of the statutes regulating the validity and enforceability of powers of attorney in Florida. Definition A power of attorney is defined in Florida Statute 709.2402, as a writing that grants […]Continue reading
When the lifetime exclusion amount was only around $600,000.00 and prior to the ability of a spouse to port or use the deceased spouse’s unused exclusion amount in her own estate, it was crucial to take advantage of the first spouse to die’s exclusion amounts or it was forever lost. With exclusion amounts near 13,000,000, […]Continue reading
A lady bird deed, also known as an enhanced life estate deed, is a form of conveyance used in estate planning relating to the transfer of real property. A lady bird deed allows a property owner to transfer property to the person designated in the deed without the need for probate. It is essentially the […]Continue reading
Many people unfamiliar with trusts are under the impression that all trusts protect an individual’s assets from the reach of his or her creditors. This is not so. For example, a revocable trust provides absolutely no protection from a settlor’s creditors. Creditors can reach the full value of the property held within the trust to […]Continue reading
Florida law affords the surviving spouse of a decedent a variety of property rights. A brief description of these inheritance rights follows: Right to exempt property. The surviving spouse is entitled to exempt property comprised of household furnishings, furniture and appliances up to a value of $20,000.00. What this means is that the spouse not […]Continue reading
I have seen a number of clients come through the office over the past few months who, usually in the process of trying to sell an inherited home, that either through oversight, or lack of information given to them by the attorneys who assisted them with their estate planning documents, failed to fund their revocable […]Continue reading
Florida law appears to recognize an LLC Member’s right to control the disposition of his or her membership interest in an LLC upon death, without judicial intervention via a probate administration. One of the goals of many clients seeking estate planning advice from a lawyer is how to avoid probate. The attorney may suggest different […]Continue reading
Let’s say a loved one has just died. Maybe a parent, sibling or a friend, and you know that you were named a beneficiary of that person’s estate or believe that that person has designated you the personal representative (executor) of his or her estate. You locate a copy of the will somewhere amidst the […]Continue reading
eople often ask if a Will is absolutely necessary. The answer is almost always yes. There are so many factors to consider depending on the type of property involved and the identity of the heirs, whether homestead property is involved, but Generally speaking, it is best to always have a will as a back-up, even […]Continue reading
Changes in the law, including those relating to the surviving spouse’s ability to “port” the decease spouse’s unused exemption, have created an opportunity for practitioners to utilize flexible strategies for families regarding shielding family assets from being subjected to estate taxation. Prior to portability, the estate ordinarily had to implement a static a/b type trust […]Continue reading
