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Estate Planning

Florida Estate Planning Lawyer Blog 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

Recent Entries: 664

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Valid and Invalid Methods of Destroying/Revoking Your Will in Florida

Posted on June 18, 2010
Many people create a Florida Will on their own or with a Florida Estate Planning Lawyer and later want to make a change to one or all of the beneficiaries. Although this can be frustrating because substantial time and thought...


Florida Prenuptial Agreements

Posted on June 18, 2010
Today, more people than ever before are finding the need for a prenuptial agreement before marriage. A Florida Premarital Agreement is an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage. Although many people...


Specific Devises in Florida Wills and Trusts

Posted on June 17, 2010
When using a Specific Devise in a Florida Will or Florida Revocable Trust it is important to understand how they work and what causes them not to work in order to avoid unintended consequences. A specific bequest is a gift...


Avoiding Florida Estate Planning Pitfalls

Posted on June 16, 2010
Florida Estate Planning involves many situations where is the potential do have disputes over money or assets. Many problems arise from poorly planned and drafted estate planning and these can lead to fights amongst family members, IRS audits, and lead...


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Choosing a Living Trust Over a Will in Florida. Which is right for you?

Posted on June 16, 2010
It is a common mistake many people make to believe that only the rich and wealthy need to implement a Florida Revocable Trust as a component of their Florida Estate Planning. Often after taking into account your home, bank accounts,...


When do you Digital Assets Expire and are they Assignable

Posted on June 16, 2010
We have started reviewing digital assets for whether they are assignable and when they will be deactivated. There are services that purport to pass on login information to who you designate after you die. Remember that such a transfer does...


Can a Trustee Resign? And how under Florida Law

Posted on June 12, 2010
When a Florida Trust is created, the creator of the trust designates a trustee to monitor the trust. There is great responsibility that comes with being the trustee because this individual, or group of individuals handles the distributions to...


Plan for Your Potential Incapacity in Florida

Posted on June 11, 2010
One important aspect of the estate planning process is determining what will happen if one day you become incapacitated. The decisions that you make on a day to day basis will no longer be possible, therefore you will be required...


Disclaiming Inherited Property from a Florida Will or Trust

Posted on June 10, 2010
Most people in today?s society would be happy to discover that they were being left an inheritance in a Florida Will . However, since inherited property under the estate laws of Florida is a gift, the beneficiary does not have...


Bank of America settles lawsuit involving Countrywide FInancial lending practices

Posted on June 10, 2010
Bank of America settled a class-action lawsuit stemming from their acquisition of Countrywide Financial based upon predatory lending practices in eleven states including Florida. The funds provided by this settlement includes lowering of interest rates, lowering principal, no loan modification...


Requirements for a Florida Qualified Disclaimer

Posted on June 10, 2010
In a recent article I discussed disclaimers, which are a refusal by a person to accept an interest in property. According to the Internal Revenue Code § 2518, the following is a list of requirements for a qualified disclaimer to...


Florida Elective Share of a Spouse

Posted on June 03, 2010
Under ideal circumstances a husband and wife will agree to what the surviving spouse should receive when the other dies. However, many times when this doesn?t happen the surviving spouse receives a portion of the estate they are unsatisfied with....


Estate Taxes: Past, Present, and Future

Posted on June 02, 2010
Florida has no Estate Taxes, but there may still be Federal Estate taxes due. Before the distribution of assets of the deceased?s estate can occur, the federal government has the ability to take their share of the estate. The Federal...


Florida Trusts: Who is involved and what is the Grantor, Trustee, and Beneficiary?

Posted on June 01, 2010
A valid Florida Living Trust or Florida Revocable Trust includes three typical positions that most individuals can occupy. Each Trust should have a grantor, trustee and beneficiary at the time the Florida Revocable Trust is created. The grantor, sometimes called...


Digital Asset Trust Lawyer: Digital Death Day

Posted on May 28, 2010
Digital Death Day is the idea that when we die physically, we may want to decide what happens to our digital profiles and accounts, whether that entails deleting or claiming the information. In the physical world individuals tend to leave...


Can a Florida Will/Trust Disinherit a Child for Religious Reasons?

Posted on May 24, 2010
In many cultures it is important to parents that their children marry into their religion. Orthodox Jews often disinherit their children and will even stop speaking to them if they marry outside the Jewish religion. While public policy will not...


Inherited IRA Not Protected from Creditors in Florida Second DCA case rules

Posted on May 10, 2010
In the case of Robertson v. Deeb 16 So.3d 936 (FL. Dist. Ct. App. 2 DCA 2009) the court held that an inherited IRA does not have the same creditor protection that an individual's IRA by concluding that F.S. 222.21(2)(a)...


Florida - Do it Yourself Estate Planning goes bad

Posted on May 07, 2010
It has been a while since I updated my Do it yourself estate planning mistakes but I wanted to point you to some of the previous articles on the unintended consequences that can occur when individuals and family members use...


How to Defend a Foreclosure in Jacksonville

Posted on May 05, 2010
In Jacksonville a Florida Foreclosure Lawyer uses many laws that regulate the mortgage lending process to defend your Jacksonville Foreclosure. The first step is to determine what laws and issues apply to your case by doing a careful analysis of...


Florida Homestead Protection and Creditors: Will your home be protected upon your death?

Posted on May 03, 2010
When a person dies, who owned a property protected by a Florida Homestead we generally expect the property to be free from the claims of creditors. There are certain situations when this is not true and other types of planning...


Jacksonville Trial Attorney

Posted on April 14, 2010
A Jacksonville Trial Lawyer can be very helpful in the event that your dispute needs to go to trial. There are many different types of Jacksonville trial attorneys. The Apple Law Firm has Jacksonville Civil Trial lawyers as well...


Jacksonville Foreclosure Mediation Lawyer

Posted on April 08, 2010
In Jacksonville Florida including Duval, Clay and St. Johns Counties, all new residential foreclosure lawsuits are directed to a "Mediation with the Lender". While some who participate in these mediation feel they are getting a good deal, most do not...


Do the heirs have a right to see a will?

Posted on April 04, 2010
Yes, heirs have a right to see the will and to know everything about the assets and distributions. Yes, some personal effects can be distributed before the "will closes" or the probate is closed. Florida probate laws include many protections...


iPad and blogging

Posted on April 03, 2010
I was wondering if the iPad would be good enough to use for blogging when away from the office. In my first few hours of using the device it appears very fast and more than capable of doing most things...


How to deal with NFA and Non NFA Firearms in a Florida Will

Posted on March 17, 2010
Firearms and Florida estate planning has become a hot topic. Many of us own individual firearms and would like to have a beneficiary for them. While I prefer to deal with this using a NFA Firearms Trust there are times...


Toyota Diminution of Value Lawsuits: Toyota Class Action Lawyer

Posted on March 13, 2010
Whether you live in Florida, New York, California or any state and are the owner of a Toyota car, truck, or SUV, your Toyota Automobile may have just dropped in value. We all know there will be many Class Action...


2010 and Estate Planning using Alaska Community Property Trusts

Posted on March 13, 2010
Given that there is not estate tax this year, individuals with assets that are exposed to large capital gains upon the death of the first or both spouses have begun to look at using an Alaska Community Property Trust to...


Commercial Property forclosure and Certificate of Authority

Posted on March 10, 2010
Florida Commerical Foreclosure Case Law Update Recently a Florida Court ruled that a Certificate of Authority is not required for a borrower to foreclose of a commercial property. Summary -Mortgage foreclosure -- Commercial property -- No merit to borrowers' argument...


Bank of America Forecloses on Wrong House Again

Posted on February 17, 2010
Bank of America Appears to be Foreclose on homes like a random drive by shooting writes Jonathan Turley on his blog. The Massachusetts owners filed a lawsuit in federal court which states they paid cash for their home in 2005....


I just got a Motion for Summary Final Judgment & Attorney Fees

Posted on February 16, 2010
How long can I stay in the home or what are my options? It is still possible to stop the Summary Judgment and remain in the home but you need to act quickly or you could be removed from your...


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