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

Estate Planning Archives

Should my Will or Trust direct that my Homestead be sold upon my death?

As an estate lawyer, it is not uncommon to have clients ask that their Will or Trust be prepared directing that their primary residence (i.e. their homestead) be sold upon their death. Often their motivation will be to avoid disputes among their children over the home. Sometimes, it is because they believe none of their children want the home, so why not just sell it? From an estate planners point of view, the question becomes whether this is a good idea.

What is Ancillary Probate Administration in Florida?

In Florida, it is not uncommon for persons to own real property or other assets in the state while not being residents of the state. Each Winter, residents of northern states travel to their Florida properties to spend the cold months in Florida's warm weather. Many of these persons own homes in both their home state and in Florida. So what happens if these residents of other states die and still own Florida real property? Often the result is that two probate administration proceedings will need to be opened. The probate of the resident state is commonly referred to as the "domiciliary probate" and the probate in Florida would then be the "ancillary probate."

A Surviving Spouse's Right to Florida Homestead When There's No Will

The laws in Florida governing homestead real property can be complex and confusing. This is particularly true when the homestead is titled in the name of only one spouse who dies and does not leave a Will or Trust devising the homestead to the surviving spouse. This is not a scenario which most spouses would want.

Considerations When Buying a Business

When purchasing a business, there are many issues which need to be taken into account. This is true whether the buyer is purchasing the entity, such as a corporation or LLC, or just the assets. This blog entry is focused on what questions to ask when purchasing a business. Future blog entries will address the specific decisions to make regarding these questions. Hopefully, by reviewing these blog entries, you will learn enough to see the importance of getting good legal counsel when purchasing a business. 

Statutory Duties Under a Power of Attorney in Florida.

In recent years, Florida has "beefed up" Chapter 709, which sets forth the statutes governing Powers of Attorney. Among the directives contained in that chapter are certain duties which govern an agent authorized to act under a Power of Attorney. These duties apply notwithstanding provisions in the Power of Attorney to the contrary. 

Purchasing an Existing Business--Should You Buy the Assets or the Business Entity?

When considering purchasing an existing business, a common question arises regarding whether to purchase the assets of the business or to purchase the business entity itself. For example, if purchasing a small sandwich shop which is owned and operated by Acme Corporation, should the buyer purchase the assets of the sandwich shop or should the purchaser buy the stock of Acme Corporation? As with many questions under the law, the answer is that "it depends" and the purchaser would be well-advised to seek legal and financial advice.

Can My Agent Use My Durable Power of Attorney to Make Gifts or to Change Beneficiaries?

Estate planning clients sometimes ask whether the person (or "agent) named in their Durable Power of Attorney ("DPOA") has the power or authority to do certain acts regarding the principal's estate or assets. For example, can the agent named use the power of the DPOA to make a gift to another person? Or can the agent use the DPOA to make a change of beneficiary designation-for example on a pay-on-death account or on life insurance?

Attorney Michael Lins
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