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Florida Estate Planning Lawyer Blog

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Florida Court rules that attorney’s fees may no longer be deducted from a spouse’s elected share

The Fourth District Court of Appeals ruled this month that personal representatives of estates are no longer allowed to deduct attorney’s fees from a spouse’s elective share when litigating claims against the spouse’s stake in the inheritance.  This holding of this case means that a spouse’s inheritance may now be…

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Asset Protection: Can an Irrevocable Trust be Revoked?

Florida Asset Protection Trusts: Can they be changed? In Florida, both revocable and irrevocable trusts are valuable estate planning tools that permit individuals to organize and protect their assets from creditors.  The Florida Asset Protection trust is not used by many estate planning lawyers.  Asset Protection is an important part…

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Elder Law Update 4th Quarter 2015

News and Important information for Seniors and their Families. In this issue, we discuss the following topics. How to Bulletproof your estate plan Trying to treat siblings equally The importance of taking the emotional value of family heirlooms into consideration Taking previous loans or gifts into consideration Proving you’re of…

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The Doctrine of Dependent Relative Revocation May Just Save your Inheritance

The Florida District Court of Appeals recently applied a little known doctrine called the Doctrine of Dependent Relative Revocation in the case of In Re Estate of Murphy to save an estate from passing through intestacy. The owner of the estate was Virginia Murphy.  Mrs. Murphy died in 2006 and…

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What your Financial Planner needs to know about an IPUG™ Trust

Most financial planners are unfamiliar with some of the modern twists available with irrevocable trusts.  They tend to be familiar with the older style of irrevocable trust that can pose several problems for those who use them. These problems include: Loss of control over the management of the assets; A…

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