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Estate Planning

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

Florida Trust mills and Michigan trust mills

Posted on November 03, 2008
Florida has the same problems that have been identified by Christopher Berry, An Estate Planning Attorney in Michigan who writes the Estate Planning in Michigan Blog. Christopher recently wrote an article on The Problem with Michigan Trust Mills where he describes an occurrence that happens all over the country...

Who can be a Florida personal representative?

Posted on October 30, 2008
In Florida what happens to persons assets if they die without a will? Under Florida probate law, if a person dies without leaving a will the decedent's estate is dealt with under Florida's Intestate statutes. Even if a Florida resident dies in intestate, the decedent?s assets will be transferred to their family members...

Florida probate law and dying without a will

Who presides in matters of Florida probate?

Posted on October 29, 2008
When a decedent?s assets go into probate in Florida the Florida Probate Case will be in the county court where the decedent maintained his or her domicile. Pursuant to Florida probate law a judge will normally decide and rule on the validity of a will...

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Florida Will leaves everythign to ex wife

Posted on October 28, 2008
In Florida, if you were married when a will was created by your spouse, a subsequent divorce will treat you as predeceasing your spouse in most cases. Even if you were living with your ex spouse, engaged, or had a wedding date planned, a will executed before the divorce would not be valid in regards to anything devised from one spouse to the ex-spouse...

Using Quicken to prepare a trust: The good, the bad, and ugly!

Posted on October 27, 2008
I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advise of council and the problems with online document preparation services like LegalZoom and RocketLawyer...

Jacksonville Criminal Lawyer

Posted on October 25, 2008
Jacksonville Criminal Lawyer, Cynthia Veintemillas was hired by the Apple Law firm to do Florida Criminal Defense. In the past the Firm has concentrated on Florida Estate Planning, Florida Asset Protection, Florida Guardianships, and Florida Probate cases.

Free Florida Durable Power of Attorney and related problems - Quicken 2009 Florida Problems (part 1)

Posted on October 16, 2008
I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advise of council and the problems with online document preparation services like LegalZoom and RocketLawyer...

Charitable IRA rollovers are back

Posted on October 15, 2008
The provision allowing IRA owners over age 70 � to transfer up to $100,000 of their IRA directly to charity has been RETROACTIVELY extended through the end of 2009 (as if it never expired). This provision was part of the massive bailout legislation officially known as the ?Emergency Economic Stabilization, Energy Improvement and Extension, and Tax Extenders and AMT Relief Acts of 2008? It is so far being referred to in the short version as The ?2008 Economic Stabilization Act? H...

Medicare Enrollment Starts November 15, 2008

Posted on October 15, 2008
It?s that time, once again, to make changes to Medicare options. According to CMS, which is the government entity that oversees Medicare, the six weeks from November 15, 2008 through December 31, 2008 is a hectic time of the year otherwise known as the Annual Election Period (AEP...

NEW FDIC Rules for Inter Vivos Trust Accounts

Posted on October 14, 2008
On September 26, 2008, the FDIC issued interim final regulations entitled Deposit Insurance Regulations; Living Trust Accounts. The interim rules amend 12 CFR 330 were effective immediately. The New regulations make it much easier to determine coverage when the bank has less than $500,000 under the trust and trustee's accounts: The FDIC's main goal in implementing these revisions is to make the rules easier to understand and apply, without decreasing coverage currently available for revocable trust account owners...

Factors for Undue Influence in a Florida Will and Inter Vivos Transfers

Posted on October 13, 2008
In re Estate of Carpenter, 253 So. 2d 697 (Fla. 1971), the Florida Supreme Court stated to raise the presumption of undue influence, a plaintiff must show a confidential relationship between the donor and the donee and active procurement of the gift. Because courts have found that a confidential relationship exists in most relationships, the real issue comes down to active procurement of the gift...

Find a Florida Probate Attorney

Posted on October 07, 2008
How do you find a Florida probate Attorney? It is important to look for an attorney within the state where the decedent was domiciled at the time of their death. The type of lawyer that should be used will depend on what the case will involve. If there is expected litigation, you should choose a Florida probate litigation attorney...

Estate Settlement

Posted on October 06, 2008
Florida Estate Settlement is the process of gathering the assets of an estate and distributing them to the creditors and beneficiaries of the estate. In Florida this process is called a probate and generally requires the use of a Florida Probate Lawyer...

Jacksonville DUI Lawyer

Posted on October 02, 2008
Jacksonville DUI Lawyer, Cynthia Veintemillas was hired by the Apple Law firm to do Florida Criminal Defense. In the past the Firm has concentrated on Florida Estate Planning, Florida Asset Protection, Florida Guardianships, and Florida Probate cases.

Notice of ownership or control change now required in Florida transactions involving property

Posted on September 18, 2008
Florida Statutes 193.1556 requires that any person or entity that owns property under Florida Statute 193.1554 or Florida Statute 193.1555. This may affect some Florida Enhanced Life Estate Deeds. Under Florida Statute 193.1554(5), If the property is nonhomestead residential property, there is an exemption for the transfer between husband and wife, including transfer to a surviving spouse or a transfer due to a dissolution of marriage...

Step-Siblings & Half Bloods in Florida Inheritance

Posted on September 12, 2008
Florida probate cases often involve situations where the decedent has step-siblings or half blood siblings. Under Florida's intestate statutes a step brother or sister would not receive any share of the decedent's estate, but a half blood (one related by one parent) would receive 1/2 as much as a child that was related by both parents of the decedent...

How to deal with greedy Trustees in Florida: Trustee Removal

Posted on September 11, 2008
Greedy Trustees can be a problem in Florida Probate Litigation and Florida Trust Litigation. Often the Trustee must be removed to resolve the issues. Adrian Thomas a Florida lawyer who specializes in Florida Trust and Probate Litigation sent me an article where he discusses individual and corporate trustees...

Estate Planning Attorneys

Posted on September 10, 2008
There is a new site which is putting together a list of Estate Planning and Probate professionals including lawyers for each state. You can find them at www.Estate-Attorneys.net.

Where should a probate be opened. in Florida

Posted on September 10, 2008
If a persons usual place of dwelling was in Florida then the original probate should be opened in Florida. We see cases where someone is in the process of or has just moved to Florida and the issue of where to open a probate becomes more complex. In those instances where it may be difficult to determine the exact residence of the decedent there are several factors that should be evaluated to determine the residence...

Florida's Anti lapse Statute: A devise to someone who predeceases the decendent.

Posted on September 09, 2008
In Florida if a devise in favor of a beneficiary who predeceases the testator will fail unless there is clear intent or in certain relationships. Under Florida Statute 732.603 a devise to a grandparent or a descendant of a grandparent of the testator does not lapse but would be distributed per stirpes UNLESS the testator gift is conditioned on the person surviving the testator or the testator provides for a substituted or alternative beneficiary...

Liability of Surving Spouse for Claims Against Decedent in Florida

Posted on September 08, 2008
In Florida, the surviving spouse is not liable for claims against the decedent. Under the common law a husband was responsible for the deceased wife's expenses for necessities, last illness, and funeral expenses. At common law, a married woman's legal identity merged with that of her husband, a condition known as coverture...

Florida Defective Wills: Invalid Personal Representative

Posted on August 15, 2008
Although the state of Florida accepts wills created in other states when they were valid in the state where created, not all of the will may be valid. Recently, I ran across a will that named an accountant of the decedent as their Personal Representative...

Florida Defective Wills: Poor Drafting or Intentional?

Posted on August 14, 2008
The Florida Constitution protects one's Homestead from creditors. One provision that is often misunderstood is a devise of a homestead in a will when there are minor children in the family. In some cases a two people are getting married and one has a home and a minor child...

eLawyering are online estate planning services worth it?

Posted on August 11, 2008
LegalZoom and RocketLawyer are two of the many online services that allow individuals to create their own wills at low costs. Many times they are below the cost for a single hour of legal time from an attorney. The real question is whether they are a good value for individuals...

Can I Sue my Employer for Defamation?

Posted on August 10, 2008
It is difficult to sue your employer in Florida for defamation when they give honest information in regards to a reference. This does not mean that an employer may give false information. If the statements are knowingly false or rise to a level of being in reckless disregard of the truth and deal with your character and honesty the employer can be liable...

Wrongful Termination in Florida

Posted on August 05, 2008
Often I am asked about wrongful termination by Florida Employees. Florida is an "at will employment state". This means that a company does not have to have a reason to fire you. The employer can also change your job position or description for almost any reason...

Xpress Seal Pro Caulk

Posted on August 04, 2008
Xpress Seal Pro from As-Seen-On-TV- Products is a product I purchased to seal the caulk in my bathroom. The caulk in my shower needed replacing and I decided to purchase this after reading many review about this easy to use Professional caulking kit...

Apple Sues Clone Maker Psystar

Posted on July 16, 2008
In my previous life, I had a license to build Apple Clones. It is for this reason that I have been watching the actions of a Florida Company, Psystar, Inc. They have been installing Apple, Inc.'s most recent operating system on generic computers and selling them to the public as "Apple Clones"...

Florida Divorce and Estate Planning

Posted on July 08, 2008
In Florida as with most states, Estate Planning is something that needs to be addressed when one has major changes in their life. This includes divorce and separation. You only have to think about your spouse or ex-spouse getting all of your assets if you should die to realize the importance of addressing the issue...

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