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…
Florida Estate Planning Lawyer Blog
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…
Trust Advisor Blog & Steve Jobs
Here is a link to the article I previously mentioned on the Trust Advisor Blog where they interviewed me on my thoughts on Steve Jobs Estate.
Protecting Assets with No Equity
I recently had a client inquiry with us regarding the transfer of real property which was upside down or had negative equity. Typically when one transfers property of value to another to avoid a creditor’s reach, the creditor can seek to have the transaction reversed under the theory of a…
Steve Jobs Will Reading and His Estate Plan
Today there is much speculation about what Steve Jobs’ will reading will reveal about his life. Steve Jobs has always been very quiet and protective about his personal life and we all know that he has been very good at protecting business secrets. I was interviewed today about what Steve…
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,…
Intro to Death Taxes
I received an email regarding a video on Death and Estate Taxes. While most of these seem to be SPAM, this one actually had some decent background information that many of you may find valuable. The video states that 2% of the US population are subject to Death Taxes. I…
Zsa Zsa Gabor to be a new mother at age 95?
Zsa Zsa Gabor, currently 94, is in the process of becoming one of the oldest new mothers ever. In law school we learn about a theory involving a fertile octogenarian with the point being that no one is too old to have a child so it is important to plan…
LGBT Legal Issues for Military in Florida
As of September 20th 2011,the old “don’t ask, don’t tell” rule that has been in force for about 18 years is gone. The end of this policy marks a victory for Mayport gay and lesbian military personnel. Now Mayport gay sailors and soldiers who don’t have to fear the loss…
Estate Planning in a Nutshell
We all need someone to look after us and care for us when we become part of the eldery population. We also need to take care of our spouses, our children, and our loved ones, when we have passed away. Looking to, and preparing for our future is in a…