There are very limited opportunities to establish paternity after the death of a parent but it is possible to do so as long as the mother was not married at the time the child was born and no paternity has been previously established. According the Florida Department of Heath, if…
Florida Estate Planning Lawyer Blog
Florida Nursing Home Penalty Divisor Update 2012 by DCF
It has been many years since the regional divisor has been updated. For the last several years the penalty period was calculated using an outdated nursing home cost of $5000. As of now, the divisor has been raised from $5000 to $6880 in Florida (Florida Administrative Code) What does this…
Law Review Article on Digital Assets & Estate Planning
John B. Conner has written a Law Review article in the Estate Planning and Community Property Law Journal titled “DIGITAL LIFE AFTER DEATH: THE ISSUE OF PLANNING FOR A PERSON’S DIGITAL ASSETS AFTER DEATH” The article starts off discussing issues of digital assets and estate planning by defining digital assets…
Are Trust Protectors Good or Bad?
A trust protector is a person or group of people (not the settlor, beneficiary, or trustee) who are appointed to exercise one or more powers affecting a trust and the interest of the beneficiaries. The concept of a trust protector is to protect beneficiaries from a rogue trustee. They can…
Slayer Statute and Asset Protection in Probate
The Florida Slayer Statute bars a murderer from profiting off the victim’s assets. The victim’s assets which are subject to a Florida Probate pass as if the murderer had predeceased the victim and other jointly held assets are severed so that the victim and murder each owned 50%. One problem…
Inheriting Debt from a Probate
We often get asked questions as a Ponte Vedra Beach Probate Lawyer about inheriting debt. Just as you can inherit property and other assets from a Florida Estate, it is possible to inherit the debt that is associated with the property. When the debt associated with an asset is worth…
Digital Asset Trusts: To my loving wife I leave my iTunes account
Estate planning is an important event in one’s life. The fruits of a life time of hard work, passed down in the hopes that they will serve their next owner well. But in this modern age we live in, online digital assets are frequently left out of the estate planning…
Florida Asset Protection Update
A Florida Asset Protection Lawyer is of most use when you do not have any potential liabilities. When you have a known creditor, you have to be concerned with fraudulent conveyances and fraudulent transfers. Generally if you participate in a fraudulent conveyance or transfer the court can undo a transaction…
Florida Makes Power of Attorney Documents More Dangerous
With the recent changes to the Florida Statutes, it is even more dangerous to use Powers of Attorney documents created by online systems or found in forms books. Not only is there a big risk that they will not comply with the new Florida laws and be worthless, but if…
2012 Tax Planning Seminar
David Adams of David N. Adams, Inc is having a Tax Planning Seminar to discuss the new tax laws which are set to start in 2013. The topics discussed will include information on current and future: Income Tax Rates Capital Gains Tax Tax Strategies Taxation of Dividend Income New Medicare…