The amount you can give anyone without having to file a gift tax return in 2015 remains the same as 2014 at $14,000. Remember that you can give your children, their spouses, your grandkids $14,000 each. In addition, if you are married, your spouse can also gift $14,000 to each…
Florida Estate Planning Lawyer Blog
Why Not to Name Kids as a Beneficiary of your IRA
If you have been told, don’t worry about your IRA it is protected because Florida has statutory protections for IRAs, you may have misunderstood or been mislead. While Florida does have statutory protection for inherited IRA’s, this protection only applies if your beneficiaries are residents of Florida at the time…
Estate Planning and Florida Homestead Protections
In Florida, the primary residence is often protected by the Florida constitutional homestead protections. While in many other states, a persons homestead is not protected from creditors and can be lost to claims for Medicaid reimbursement, this is not the case in Florida. The only creditors that can make a…
What is the iPug™ Trust Your Family’s New Best Friend
We often get asked about the iPug™ Trust and how it can be so different than a traditional revocable trust or a standard irrevocable trust. The iPug™ takes the best parts of an irrevocable trust and mixes them with the best parts of a revocable trust to create a new…
Estate Planning for Out-of-State Property
If you live in Florida and own property in another state an ancillary administration will be necessary upon the death of the owner(s) of that property. This special probate administration will be in addition to the administration you have where you lived. This is required because real estate or real…
Revocable Trusts and Asset Protection
Many times we get questions from clients asking if their revocable trust provides asset protection from creditors. The answer to this is the typical legal answer “It Depends”. That is it depends on who owes the money. In Florida a revocable trust can provide some limited protection against the creditors…
Florida Probate Intake form
Many of our clients have asked us to put our Florida Probate Intake form online so that they can easily download it. You can download the Florida Probate Intake form with the following link: Probate Intake Form.pdf
4th DCA and Charging Order Protection for Florida LLC
In Florida, a multi member LLC, has asset protection characteristics. Prior to 2011, Florida law was not clear on whether a charging order was the exclusive remedy for a creditor of a member of a multi member LLC. Assets in a Florida multi member LLC are protected from the reach…
If a person dies intestate what proof must their children show the court to prove they are the heirs to the estate?
Most Florida probate courts simply accept the information contained in the pleadings that are filed with the court. These pleadings are usually signed “under penalties of perjury”. Some courts (such as Citrus Count and Miami-Dade County) often require an Affidavit of Heirs.pdf to be filed along with the pleadings. There…
Estate Planning: Dealing with your digital death instead of before
Portland company WebCease is making waves in the probate and estate-planning community by helping attorneys and grieving families locate the deceased’s digital accounts. CEO Glenn Williamson aims to be the first to provide this service to the growing market of families and attorneys trying to track down digital accounts. Williamson…