Florida Estate Planning Lawyer Blog: Estate Planning

Home -> Law Blog Directory -> Estate Planning Blogs

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

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

Pending Partition of Property does does not Survive Death of Joint Tenant

Posted on July 07, 2008
What happens if you are in the middle of a partition to divide or sell property and one of the owners dies? The pending action is has no force and effect on the ownership. What doest this mean? If you own property as joint tenants with rights of survivorship and you want to partition the property but die in the middle of the court action, the other joint tenant will own the entire property...

Google Offers Personal Health Records on the Web

Posted on July 01, 2008
Google Health just began offering personal health records on the Web. They are joining WebMD, Microsoft, and Revolution Health. These services are designed to help consumers manage their health care and medical spending records. Google record allows users to send personal information to some clinics or to pull records from the clinic into the Google personal file...

Florida DR-219 Form is Repealed as of 06/1/2008

Posted on June 27, 2008
Florida DR-219 Form is Repealed as of 06/1/2008 Beginning June 1, 2008: ?The requirement to complete and file Form DR-219 is repealed. ?The Department of Revenue will not process DR-219 forms received. ?Destroy all blank DR-219 forms in your inventory...

Deeds Designating Grantee as a Trustee Sufficient to Pass Title to Trust

Posted on June 27, 2008
The Florida Supreme court has ruled affirmatively on the question presented to it. Whether, under Florida Statutes section 689.07(1) as it existed before its 2004 amendment, this Deed??which is a recorded real estate conveyance deed to a named trustee of a private express trust identified in the deed by name and date, and contains other language referring to the unrecorded trust agreement, the settlors, and the beneficiaries??conveys only legal title to the property in trust to the grantee as trustee...

To access this complete feed in the blog feed reader login or register for free.

Supreme Court Rules on Individuals Rights to Bear and Keept Arms

Posted on June 26, 2008
NFA Gun Trust Lawyer blog has an article on the 150 + page decision issued today in the gun rights case before the Supreme Court. Looks like good news for gun owners but it will take sometime to digest the full opinion which is over 150 pages. There is a link to the Supreme Court Gun Case also

Florida Spendthrift clause or Trust

Posted on June 26, 2008
Spendthrift clauses can be confusing to trustees. The general idea with a Florida Spendthrift clause is that the beneficiaries cannot assign their interest in the trust to a creditor ( voluntarily or involuntarily) Here is the test found in a typical clause under the new Florida Trust Code Spendthrift Provisions...

Terri Schiavo II?

Posted on June 24, 2008
It could be happening again in Florida, The Palm Beach Post has a report on a similar case. If you do not have a Florida Living Will now is the time to get one. Karen Weber did not have a Florida Living Will when she suffered a seizure back in November...

Florida LLC's and Asset Protection and Legal Zoom

Posted on June 20, 2008
Florida LLC's are one of the best choices for a new business entity. When thinking of forming a company, may people only look for low taxes and protection from liability. Unfortunately, many are misinformed as to the protection that a corporation can offer...

Revocable Living Trusts, Dog Bite Statutes & Strict Liability in Florida

Posted on June 19, 2008
Seven weeks ago, I got a new puppy. I was thinking of a way to protect myself from Florida's Strict Liability for Dog Bites. Most states have a one free bite rule, but Florida does not and makes the owner of the Dog liable for all damage by the dog from the first bite...

How to Choose a Guardian for your children in Florida

Posted on June 18, 2008
For families living in Florida, choosing a guardian for their minor children is a primary reason why a Florida Will is such an important document to create and keep updated. Often choosing who will care for your children is a difficult decision. Many families find it the hardest decision that they make in terms of estate planning...

Making a Florida Will: What to think about?

Posted on June 17, 2008
Before making a Florida will you should think these things before drafting or having your Florida will modified. In Florida to create a valid will the person needs to know what assets they have, who they are giving them to, and have an understanding of who they would go to if they were not listed in the Florida Will...

Florida QPRT (Qualified Personal Residence Trust): Options

Posted on June 12, 2008
Florida QPRT (Qualified Personal Residence Trust): Options: Often clients want to make sure their homes go to their children. In Florida, a homestead will automatically go to your descendants and be protected. One of the problems is that although the home is generally not subject to Florida Probate, the value of the home at the time of their death is subject to estate tax...

LIMITATIONS OF POWERS OF THE ATTORNEY IN FACT AND LIMITATIONS IN FLORIDA

Posted on June 11, 2008
POWERS OF THE ATTORNEY IN FACT AND LIMITATIONS IN FLORIDA Except as otherwise limited by statute (below), by other applicable law, or by the durable power of attorney, the attorney in fact has full authority to perform, without prior court approval, every act authorized and specifically enumerated in the durable power of attorney...

PROPERTY SUBJECT TO DURABLE POWER OF ATTORNEY IN FLORIDA

Posted on June 10, 2008
PROPERTY SUBJECT TO DURABLE POWER OF ATTORNEY IN FLORIDA. Unless otherwise stated in the Florida durable power of attorney, the durable power of attorney applies to any interest in property owned by the principal, including, without limitation, the Principal's interest in all real property, including homestead real property; all personal property, tangible or intangible; all property held in any type of joint tenancy, including a tenancy in common, joint tenancy with right of survivorship, or a tenancy by the entirety; all property over which the principal holds a general, limited, or special power of appointment; chooses in action; and all other contractual or statutory rights or elections, including, but not limited to, any rights or elections in any probate or similar proceeding to which the principal is or may become entitled...

Guardianship and Durable Power of Attorney in Florida

Posted on June 09, 2008
Once an Agent (Attorney in fact) receives written notice which requires a signature, their powers under the Durable Power of Attorney are suspended until the court determines incapacity. The court may reinstate the Durable Power of Attorney for an emergency, when a petition if file upon the court showing the nature of the emergency, the property or matter involved, and the power to be exercised by the attorney in fact...

Medicaid Qualified Income Trust (Miller Trust)

Posted on June 08, 2008
A Miller Trust is a irrevocable qualified income trust used for Medicaid planning. Generally, when an individuals income is over the limits a Miller trust or Medicaid Qualified Income Trust can help. Generally a Medicaid Qualified Income Trust will distribute your income in such a way that your income will not disqualify you...

Florida Lady Bird Deed Forms

Posted on June 07, 2008
Where can I get a Form for Florida Lady Bird Deed is a question that I am often asked. Florida Lady Bird Deeds are generally not available on the Internet because not many Florida Lawyers even know what they are. They are also far more complex than a regular deed...

Cost of Florida Probate

Posted on June 06, 2008
Florida Probate costs very based upon they type of probate, type of assets, number of creditors, number of beneficiaries and complexity of the issues involved. Generally a simple Florida Probate which only involves a homestead is around $1500-$1800 dollars and can take 30 to 90 days on average to complete...

Attorney for Wills

Posted on May 29, 2008
When Selecting an attorney for will preparation it is important that they take a look at your full financial condition. Often clients think they want an attorney for will preparation but in fact need other types of estate planning. You should be prepared to give full financial disclosure as well as all information about your family dynamics to make sure that the right Florida Estate Planning Documents are created for you.

Estate Planning and Moving Overseas

Posted on May 28, 2008
Often clients do Florida Estate Planning in anticipation of an overseas trip or international relocation. They often ask if they should make special considerations because of their anticipated location. Generally we advise clients that the planning is basically the same even if they will be living overseas for an extended period of time...

Can Grandpa Take His Machine Gun to the Nursing Home?

Posted on May 27, 2008
What happens if Grandpa needs to Nursing home coverage and he owns a Class3 weapon like a Machine Gun? Class 3 weapons or those controlled by the National Firearms Act are not exempt assets when it comes to Medicaid Planning. There are ways to preserve these assets for your family but it involves converting the asset from an exempt asset to a non-exempt asset...

Executor, Personal Representative, PR Fees: Are They Taxable?

Posted on May 27, 2008
If I am the PR of a Florida Estate Planning, do I have to pay income taxes on the money I receive? The short answer is yes you do. These fees are considered an expense of the estate and unless you qualify for an exemption, you would have to report this as income on your tax return...

Living Trust Mills Winding Up In Some States UPDATED

Posted on May 23, 2008
Although there are no current verdicts against Florida Companies, many states have taken action against living Trust Scams / Trust Mills / and Elder Law Planning Seminars. Michael Bonasera of Buckingham Doolittle & Burroughs, LLP and author of the The Ohio Trust & Estate Blog wrote an article titled Living Trust Scams/Trust Mills/Elderlaw Planning Seminars - STAY AWAY! where he mentions a previous posting on this Blog, Florida Estate Planning Lawyers Blog, on a similar topic dealing with a Texarkana Arkansas class action suit...

Florida State and Local Government links

Posted on May 22, 2008
Here is a list of links that should be useful for anyone starting or running a business in Florida. Florida state and local linksMyFlorida.com State Portal Licensing Portal City Guides Jacksonville Florida City GuideMiami Florida City GuideOrlando Florida City GuidePanama City Florida City GuideTampa Florida City Guide Statewide Offices Governor Lt...

We the People franchise found to be practicing law without a license

Posted on May 21, 2008
There are many places to get advise on the internet. Be sure when you are looking for legal advise, you are working with a licensed lawyer. Below is the finding of the Ohio State Bar in regards to one such service. We the People is a franchise that provides forms and help in legal matters including wills, trusts, divorces, bankruptcy and other areas of law...

2008 Small Business and Self-Employed Taxpayers Guide

Posted on May 20, 2008
I received 5 copies of the IRS guide in the mail today. If anyone would like one you can Contact me and I will be happy to send one. You may also order the CD from the IRS by calling 800-829-3636 and asking for Publication 3208 or by searching for SBRG on the IRS...

Enhanced Life Estate Deed Question. What happens when the owner of the Remainder Interest predeceases the life tenant?

Posted on May 16, 2008
A *Florida Enhanced Life Estate Deed or Florida LadyBird Deed is designed to pass the property if any to a person upon the death of the life tenant while allowing the life tenant to do anything during their life. What happens if the person named in the remainder interest predeceases the life tenant? This is From A to B for life (with enhanced powers) remainder to C...

Florida Unpaid Vacation? How can I collect

Posted on May 15, 2008
I did not get paid my Vacation pay, What can I do? Under Florida law, employees are entitled to make a claim for unpaid vacation pay that is vested. "Vested Vacation Pay" is defined as "wages" for purposes of section 448.08 requiring the employer to pay all attorneys fees and costs...

Automatic gun transfer nets prison sentence

Posted on May 14, 2008
A new Blog ( Gun Trust Lawyer ) dedicated to Gun Trusts and issues related to the ownership of class 3 weapons (which I started) has an article on a man who was arrested for an improper transfer of a unknown class 3 machine gun. His gun misfired and was reclassified as a Machine Gun...

What is the difference between a Living Trust and a Bypass Trust?

Posted on May 13, 2008
A Florida Living Trust is a Florida Revocable Trust created while a person is alive, while a Bypass Trust is usually a testamentary irrevocable trust. Some Bypass Trusts are created by a Living Trusts or even Florida Will. A Trust is an ownership arrangement where property is held in the name of a "trustee" rather than in the name of the person who really owns the property...

Previous | Next

Related Law Bulletins

Personal Injury: 5 Reasons Why Your NY Injury Lawyer Will Lose His License
1. He steals your money.2. He steals your money.3. He steals your ...

Real Estate Agents, Lenders, Appraisers & Home Inspectors: ARE BUYERS WASTING TOO MUCH OF YOUR TIME?
PREQUALIFY, PREQUALIFY, PREQUALIFY. It cannot be said enough times...

What Should Sellers Look for in Hiring a Real Estate Agent?
MARKETING SKILLS, MARKETING "SUPPORT" AND EXPERIENCE. There are nu...

Should Sellers Hire a Real Estate Agent?
We often say YES! There are simply far too many unscrupulous buyer...

Real Estate Tax Appeals: Who Has the Burden of Proof
Recently, many municipalities have performed revaluations in order...