Will Contest Clauses are generally included to prevent children or beneficiaries from attempting to dispute their portion of an estate. In some states they are valid and many others like Florida they are not valid by statute. Given that a No Contest Clause in a Will is invalid in a…
Many of my Jacksonville Estate Planning clients ask me when and how often they should review their Florida Estate Plan. I like to recommend that people take a look at their situation on a yearly basis and if they notice any of the following, they should make an appointment with…
As the use of genetic material becomes more accepted, the issue of what and how to deal with it has begun to be an important part of estate and trust planning and administration. Not only could this change distributions or dilute inheritance, but without guidelines or requirements for the disposition…
Florida Revocable Trust‘s are often used to avoid problems. The North Carolina Estate Planning Blog has an interesting article on when you should not use a Living Trust. 1. You want the court to dictate how your estate is handled. 2. You favor supporting the government, so you like the…
Florida Estate Planning Documents can be lost during a hurricane or tropical storm. Just when a Florida Will, Power of Attorney, or Florida Living Will, Designation of Health care Surrogate & HIPAA release. You should protect your original signed documents by keeping them in with in waterproof container and if…
Trust Arbitration Clauses are common in Florida. In many states, they are not always enforced but Florida passed a law a few years ago that makes them enforceable in Trusts. Florida Statute 731.041 Arbitration of disputes. (1) A provision in a will or trust requiring the arbitration of disputes, other…
Matthew Gardner an Estate Planning Lawyer who writes the Iowa Estate Plan Blog has an article on a child conceived after death and how his state and Social Security treats this child as not being an heir of the decedent. The Iowa Probate Code and many states specify that in…
The Wall Street Journal has an article on Deciding if Your Kid is Trust-Worthy where they discuss using trust like a Florida Estate Planning Lawyer would use to protect your families assets. Part of the article is devoted to helping you determine if your child or your children are the…
In Jacksonville and around Florida we are often asked about the differences between a Florida Will and a Florida Revocable Trust. Although each persons circumstances are unique, generally the following factors tend to determine which is better in relation to disability and death in relation to the cost of a…
Estate planning can help deal with the proper use and distribution of your assets upon a disability or your death. Below are several of the advantages of using a Florida Revocable Trust for Disability and Death Planning. DISABILITY PLANNING No probate, so everything remains private. You decide the criteria for…