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Florida Estate Planning Lawyer Blog

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Dangers of Relying on Joint Accounts for Estate Planning in Florida

Many people see joint accounts as a cheap and easy way to avoid probate, since joint property passes to the join owner at death, but these accounts can actually be quite risky when it comes to estate planning. Joint ownership of accounts can be a great way to easily pass…

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Can a surviving spouse claim loss of consortium after the other spouse dies?

A recent ruling by the Fifth Florida Appellate Court on Friday allows surviving spouses to claim loss of consortium separately from others claims after the spouse dies. The surviving spouse Margaret Randall filed the case, Randall v. Walt Disney World Co., in 2006 after her husband Barry Randall allegedly suffered…

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The Benefits of Creating a TAP Trust for Protecting Retirement Assets

A TAP trust is an extremely versatile trust designed to hold a variety of assets. This type of trust helps the grantor avoid needless estate taxes without the restrictions of other trusts. The TAP trust can hold a variety of assets that include: real estate, stocks, insurance policies, bonds, and…

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Protecting your IRA from Creditors and Preditors After the Supreme Court Decision

The U.S. Supreme Court recently held that the funds contained in an IRA are not “retirement funds” and thus not protected from creditors during bankruptcy. The next question many attorneys now have is how this ruling will affect tax law? The Supreme Court justices felt there were three legal characteristics…

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Some of the Benefits of using Trusts for Estate Planning and Asset Protection

Establishing a trust is often an important part of the management of your assets and estate. A trust can help to ensure decedent’s assets are passed to their heirs precisely the way they are intended. Trusts can either be irrevocable or revocable. The person who creates a revocable trust can…

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