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Author Archives: admin
Unwitnessed wills are not valid in Florida, even if the will is valid out of state.
As I’ve noted in the past, Florida prohibits “Holographic” wills; wills that are handwritten by the testator but fail to meet Florida requirements for execution, usually for failure to have two witnesses. A recent case, here: Lee v. Estate of … Continue reading
Why a Landlord might be better off without a written lease
Normally, I encourage people to use written contracts for legal matters; some transactions, in fact, are unenforceable without written contracts; such as agreements for sale of property, and sales of goods for more than $500. In most circumstances, written contracts … Continue reading
How to disinherit someone.
I’ve discussed this before; but I think the point needs repeating. With the exception of a spouse, and minor children, Florida doesn’t place any limitations on who you can disinherit. The exception for spouses falls into two categories; under most … Continue reading
What can happen when you die without a will
Here’s a link to an article discussing a recently deceased New York real estate developer, Roman Blum, who (apparently) died without a will and without any relatives to inherit his estate: Holocaust Survivor left an estate worth almost $40 Million … Continue reading
Posted in Uncategorized
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What is Undue Influence?
Frequently, you will have a case where one particular child looks after a parent during the parents’ lifetime, and the parent winds up favoring that child in a will, or in some cases, outside of a will, such as leaving … Continue reading
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Estate and inheritance taxes and revocable trusts in Florida
I’ve discussed elsewhere why I don’t think revocable trusts are a good vehicle for avoiding probate in Florida. Why Revocable Living Trusts usually won’t avoid Probate in Florida And, as I’ve noted, Florida does not have estate or inheritance taxes, … Continue reading
Posted in Death and Taxes, Estate Planning, Uncategorized
Tagged living trusts, revocable trusts
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What happens if the medical provider doesn’t honor the familys wishes?
The Orlando Sentinel has an article about a lawsuit where a hospital and nursing home ignored a do not resuscitate order: Lawsuit raises issues about end-of-life wishes I haven’t seen the lawsuit and I don’t know how likely it is … Continue reading
Posted in Health Care Surrogacies, Powers of Attorney, Uncategorized
Tagged Living Wills, Nursing Homes
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Doma and taxes
Here’s a link to blog by a tax lawyer; discussing the implications of DOMA and state taxes; Prop 8, DOMA, Taxes, and You Florida does not have a state income tax; nonetheless we do have a number of people with … Continue reading
Posted in Death and Taxes, Uncategorized
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DOMA and what it means for Florida Residents
First, the Supreme Court has handed down a decision today dealing with the Federal Defense of Marriage Act, here: United States v. Windsor In plain language, it says that IF a state has recognized Same Sex Marriage, between two men … Continue reading
Posted in Death and Taxes, Elective Share, Estate Planning, Probate, Uncategorized
Tagged DOMA, Same Sex Marriages, Spousal Rights
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The importance of updating your estate plan after a divorce.
Frequently, couples will name each other as beneficiaries of life insurance, annuities, bank accounts, CD’s, and retirement plans. Sometimes, though, when they get divorced the ex spouse forgets to remove the other ex spouse from the insurance, the bank account, … Continue reading
Posted in Asset Protection, Divorce, Estate Planning, Insurance, Uncategorized
Tagged Co-owners, Spousal Rights
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