Florida Firearms Law 101: Real issues taught by Florida attorneys Florida Firearms Law 101 Please help spread the word about or new Florida Firearms Law Class. Below is a description of the class This class is designed for those who have their concealed carry permits and desire further training…
Florida Estate Planning Lawyer Blog
Protect Your IRA
I just finished my new book Protect your IRA : Avoid the 5 Common Mistakes! Here is the Table of Contents The 3 Reasons Most People Experience Confusion with Their IRAs Don’t Just Focus on the Taxes Avoid the 5 Common Mistakes Common Mistake #1: Trying to Avoid Income Taxes…
Non Citizens and Florida Homestead
Florida Homestead for Non U.S. Citizens is possible for two types of Florida Homestead exemptions. The first homestead exemption is tax based. If you live in your home and you or your spouse or dependent child is a permanent resident of the state of Florida on January 1s you are…
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…
41F Published today. Responsible Persons and Gun Trusts
41F was published today in the Federal Register. Here is a link to 41F as filed which is similar to the draft that has been circulating. 41F will be effective 180 days from today or on Wed July 13, 2016. Applications filed prior to July 13, 2016 will be handled…
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…
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…
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…
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…
Does Florida law protect IRAs and SEP-IRAs from Creditors?
NOTE: The US Supreme Court ruled that inherited IRAs are not protected from creditors. Florida has statutes that appear to offer protections for residents of Florida. It is best to plan for no creditor protection for inherited IRAs at this time. At the Law Office of David M. Goldman,…