Wills need to be deposited with the court within 10 days of death. Florida Statutes, Section 732.901. A Jacksonville custodian of a will must deposit the will with the appropriate clerk of court within 10 days after receiving information that the testator (person whose will it was) is dead. If…
Florida Estate Planning Lawyer Blog
Estate Planning and Beneficiary Designations
When creating Florida Estate Planning Lawyer it is important to remember that once you create the documents your job is not done. If you create a Florida Revocable Trust it is important to fund the trust or it will not provide one of the typical benefits of avoiding a Florida…
Lesbian and Gay Estate Planning for Couples
As a Florida lesbian and gay person in a committed relationship, you know that living in Jacksonville does not afford you the same legal rights as if you were in a relationship with a legally recognized spouse. Not only will you be ineligible to receive survivor social security benefits, or…
Florida Advance Directives for Gay and Lesbians
If you are gay or lesbian in Ponte Vedra or the Jacksonville area, having properly prepared Florida Advance Directives is essential. Whether you are young, healthy, and believe you will live forever, the fact remains, that if you wait until illness, injury, or disability to strike, you will not have…
Guardianship for Developmentally Disabled
Many people residing in the St. Augustine area, suffer from developmental disabilities. Unfortunately, as these individuals get older, the disease progresses to the point where the person is often unable to take care of and manage their own financial and personal affairs. A Florida procedure can appoint a Florida guardian…
Homestead Exemption Crackdown
Most Florida Estate Planning Lawyer deal with planning for the unexpected and protecting your assets for those after we are gone. Part of this protection and planning often involves the use of the Florida Homestead. The Homestead Exemption is not exclusive to Florida. A recent case, a New York Representative…
Florida Homestead Property Law for Condominiums
Florida homestead is a constitutional protection which makes the homestead of a decedent exempt from the claims of creditors. Florida Homestead can apply to condominiums, however, a Florida District Court recently affirmed a lower court decision which held that decedent’s contractual interest in a condominium (which was owned by decedent…
The Future of Multi-Member LLC’s in Florida
The recent court decision which removed the charging order protection for single member LLC’s has raised concern over whether a multi member LLC has charging order protection. In addition, a member in Florida is defined as one who has an an economic interest in a Florida LLC as well as…
Some Contemplate Dying in 2010 to Avoid Estate Taxes
Forbes has an article about contemplation of death in 2010 to avoid estate taxes. As 2010 comes to an end, there may not be time for many to make the decision. The article quotes Rep. Cynthia Lummis in saying that some of her Wyoming constituents are planning to discontinue dialysis…
First congressional face-off of new year could be over tax cuts
The Bush tax cuts are set to expire on 12/31/2010. Many feel the the first face-off between Republicans and Democrats could be over the estate tax and income tax issues. If nothing is done we will see significantly higher estate taxes and income taxes in 2011. To plan for these…