With a little careful planning, you may be able to avoid the probate question all together. Avoiding probate saves money and greatly reduces the strain placed on your family by time in court. A meeting with an estate-planning attorney can help you figure out how to structure your estate so…
Beneficiaries or people who think they are beneficiaries of trusts often ask up if they should receive regular payments or distributions from a trust. As with most legal issues the answers “depends on the circumstances and what the documents state”. Without reviewing your trust to determine if it is a…
Unpdaid long-term care bills are increasing and becoming more of a problem in many states. All 50 States have statutes that obligate adults to care for children or other family members; if your parent lives in one of 29 states, you could be held responsible for your parents unpaid long-term…
December 31 the 5 Million Dollar gift tax exemption is set to expire and revert back to 1 Million dollars. This is separate from the $13,000 annual gift exclusion. There is a relatively small percentage of the population that this can make a difference for. Even for those who could…
While there are many mistakes people can make while planning their estates, a recent column on Forbes.com, lists some of the errors most frequently encountered. 1. Not having a Florida Estate Plan Not having a will or trust means that at your death the distribution of your assets will be…
In Florida a living will can contain an advance medical directive. A living will is a statement of your wishes for the kind of life-sustaining medical intervention you want, or don’t want, in the event that you become terminally ill and unable to communicate. A living will is typically used…
Although your parents have for years been telling you (and anyone else who will listen) that they are leaving their home to you, if they don’t put their words in writing, you WILL NOT get their home upon their death. In Florida, Wills Must Be in Writing, the Florida Statutes…
Is your pet a member of your family? If so, you will want to read this article. Do you know what would happen to your pet if something happened to you? Many pet owners have not considered the fate of their pet. After all your pet state laws have not…
The Fourth District Court of Appeals recently handed down a decision which may impose new requirements on probate plaintiffs who are challenging trusts. In Pasquale, Jr. v. Loving, et. al., the Court held that if a person is contesting a trust, the contestant must also contest the will if the…
It has been many years since the regional divisor has been updated. For the last several years the penalty period was calculated using an outdated nursing home cost of $5000. As of now, the divisor has been raised from $5000 to $6880 in Florida (Florida Administrative Code) What does this…