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Florida Estate Planning Lawyer Blog

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Problems with Domestic Asset Protection Trusts

Domestic Asset Protection Trusts (DAPT) have become the latest rage in estate planning and asset protection. We have generally found that there are better ways of protecting assets from creditors by using traditional estate planning that has case-law history. In a recent US bankruptcy case, a DAPT was invalidated and…

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Florida Medicaid and Durable Powers Of Attorney

DCF will reject Medicaid planning involving trusts and personal service contracts where a power of attorney is executed after 10/1/11 and the DPOA does not specifically authorize the ability to execute trusts or personal services contracts. If you are using forms for a POA or DPOA, you should have them…

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Florida Probate Changes

IN RE AMENDMENTS TO FLORIDA PROBATE RULES IN RE: AMENDMENTS TO THE FLORIDA PROBATE RULES. No. SC11-1575. Supreme Court of Florida. September 28, 2011. Tasha K. Pepper-Dickinson, Co-Chair, and John Christopher Moran, Co-Chair, Florida Probate Rules Committee, West Palm Beach, Florida; John F. Harkness, Jr., Executive Director, and Krys Godwin,…

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