Lins Law Group, P.A.
Serving Families of Tampa Bay for Over 25 Years

January 2015 Archives

Are there "down-sides" to using an Enhanced Life Estate Deed?

As discussed in a prior blog entry, an Enhanced Life Estate Deed is a type of deed which provides the grantor with certain rights during life, with the remaining interest to go to a named person at the grantor's death. This can be a helpful estate planning tool. However, there are some down-sides to the Enhanced Life Estate Deed. Perhaps some of the biggest negatives arise when trying to get title insurance.

What is an Enhanced Life-Estate Deed?

An Enhanced Life-Estate Deed is a type of deed used in estate planning which provides the grantor with certain rights during life, with the remaining interest to go to a named person at the grantor's death. In some states other than Florida, this type of deed is sometimes known as a "Lady Bird Deed." 

In Florida, does a Living Trust protect against claims by a creditor?

When clients ask about setting up a Living Trust (also known as a Revocable Trust), they often want to know if the Trust protects against the claims of a creditor. The answer, like many things in the law, is that "it depends." For the most part, a Living Trust is an estate planning tool to avoid probate and is not an asset protection tool to avoid creditors.

If I die, how can I protect my pet in Florida?

To many persons, their dog, cat or other pet is like part of the family. More and more, people desire to make arrangements for the care of their pet through their estate plan. A trust can be set up through which the pet's needs can be addressed.

Should I leave an inheritance to a disabled beneficiary?

As with most questions under the law, the decision whether a person should leave an inheritance to a disabled beneficiary is that "it depends." However, in most instances, if a beneficiary is disabled or incapacitated, you should consider whether a special needs trust is required. 

Attorney Michael Lins
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