One of the most common questions we receive is: “What is Better in Florida? A Will or a Trust?” Many clients that we work with think that if they live in Florida and have signed a Florida Last Will and Testament, they no longer have to worry about a probate…
Articles Posted in Probate
Fair and Equal Estate Planning
Is Equal Fair with Estate Planning? Most of our clients want to treat their children fairly and equally. Splitting assets equally among the children may be easy, but is it fair? When dividing assets, it is often important to determine the needs of the kids as well as what you…
How Does A Step Up In Basis Work?
How Does A Step Up In Basis Work? Capital gains taxes are one of the more confusing taxes that American citizens have to pay. The best way to explain capital gains taxes is through examples. This article will include plenty of examples, but in an attempt to define these taxes,…
Final Accounting: How To Object in Florida
How To Object To The Final Accounting of a Personal Representative in Florida The final accounting can be complex. As many Florida residents might know, the probate of an estate can be a very lengthy process that can be full of mistakes. Mistakes are often made when the estate’s personal…
Jacksonville Homestead Lawyer: Does a House Automatically Transfer To Spouse
A common question our Jacksonville Homestead Lawyers receive is “When A Spouse Dies, Does The House Automatically Transfer To You?” One of the more common Florida probate questions our clients ask the Jacksonville homestead lawyers at The Law Office of David M. Goldman PLLC is whether a house automatically transfers…
Jacksonville Probate Attorney: Missing Beneficiaries
Jacksonville Probate: How to Handle Missing Beneficiaries Jacksonville probate attorneys often deal with a beneficiary that is alive, but no one knows this person’s address. If a beneficiary goes missing or cannot be found, then there are a few options including using professional heir search companies. The first place to…
The Importance of a Durable Power of Attorney
A Durable Power of Attorney is an important document, but sometimes having one can cause problems. A recent Florida court ruling scored a major win in the fight against elder abuse. The case established that a health care proxy does not have the authority to waive the right to jury…
A Spouse’s Unauthorized Access to Email Could Violate Wiretap Act
While the following article deals with divorce, our readers may consider it terms of accessing emails or online information of a deceased spouse or family member and the potential criminal liability that may be associated with accessing digital assets. Federal wiretapping laws usually do not mix with state divorce proceedings. …
How to Change Marital Status on Florida Death Certificate
Correcting a Death Certificate in Florida for a Change in Marital Status We often receive calls about how to correct a Florida Death Certificate in relation to filing a Probate case in Florida. Correcting a Florida Death Certificate is done through Florida Vital Statistics which can be reached at: DEPARTMENT…
Is An Estate Liable For Rent When A Roommate Dies?
As Jacksonville estate planning attorneys, we often come across unusual scenarios that require a deep look into the law. A recent questions posed to the Jacksonville probate attorneys at the firm was: “Is a roommate’s estate liable for the unpaid rent after he or she passes away”? The short answer…