In our estate planning practice, we often have clients come in who set up their estate planning documents many years—or even decades—ago. Whether it is a Last Will and Testament, a Trust, a Living Will, a Healthcare Power of Attorney, or a Durable Power of Attorney,...
Complex Legal Challenges
Estate Planning
Now is the time to get a Will
With the onset of the Corona virus, we are having more and more people contact our firm saying “I need to get a Will.” When facing a health threat, whether personal or widespread like this virus, getting our affairs in order is important. In order to get your Last...
What does Estate Planning do for you?
The term “Estate Planning” is used to describe the process of evaluating and planning for your needs and desires in the event of your (or if applicable, your spouse’s) death, disability, illness or incapacity. Estate planning seeks to take steps to protect those needs...
3 ways to leave stocks to your heirs
An effective way of transferring wealth to family members through an estate plan is by leaving those family members stocks. Though restricted shares and stock options might be severely limited when it comes to transferability, you can award an heir with most stocks....
Funding: How do you put assets or property into a Trust?
In Florida estate planning, a commonly used instrument is a "Living Trust" (also called a "Revocable Trust" or a "Revocable Living Trust"). In this blog, we will simply call it a "Trust." There are multiple benefits accomplished by establishing a Trust, including...
Five Excuses for Not Doing Estate Planning
Estate planning involves having certain documents in place to protect your loved ones and you in the event of illness, injury, incapacity or death. These may include a Will, a Trust, a Durable Power of Attorney and a Living Will, Establishing an estate plan is not...
Second Marriages: Estate Planning with Your IRA
If you own an IRA account, you will usually name a person as beneficiary to receive the IRA at the time of your death. In most instances, the beneficiary can roll the IRA over into an IRA in the beneficiary's name and also defer taxes by withdrawing the funds over...
Do adult children have a “right” to inherit in Florida?
In our estate planning practice, clients often ask whether their adult children have a "right" to inherit in Florida. [this discussion is not addressing minor children--their rights can be different]. While the question is a simple one, the answer is somewhat of a...
In Florida probate, when is homestead property not given homestead protection?
Article X, Section 4 of the Constitution of Florida provides protection against the claims of creditors for a person's homestead, i.e. their principal residence. In essence, if a homeowner owes money to a creditor, that creditor cannot attach or force sale of the...
The Do-it-Yourself Disaster!
In today's era of on-line forms, office supply stores, and software, it is becoming increasingly more common for people to try to prepare their own estate planning documents. Whether it is a simple Durable Power of Attorney, a Living Will, a Last Will and Testament,...