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Category Archives: Estate Planning
Planning for a second (or later) marriage
Very frequently, retirees moving to Florida are either single, or at some point, wind up single, whether through divorce or widowhood. And then they meet someone new. And sometimes the other person is formerly married as well; having been through … 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
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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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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Living Trust Costs and Fees
I’ve been reviewing an estate and trust accounting prepared by another attorney, and in doing so, it occurs to me that I have not discussed trust administration fees in Florida. One of the supposed advantages of a living trust is … Continue reading
Posted in Estate Planning, Probate
Tagged Alternatives to trusts, living trusts, revocable trusts
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Avoiding Probate on the House
Frequently, clients think that a revocable living trust will avoid probate in Florida. As I discuss here: Why revocable living trusts usually won’t avoid probate in Florida A revocable living trust can actually trigger a probate in Florida; particularly if … Continue reading
Estate, Inheritance and Income Taxes in Florida
I get a lot of questions about estate and inheritance and income taxes for Florida estates. First, Florida has no separate estate tax; Florida did have what is commonly known as a “sponge” tax which is tied to the Federal … Continue reading
The importance of having documents in place ahead of time.
Over the years, I’ve received a number of calls from spouses or children where their loved one is dying. And typically, they are in a bit of a panic; not necessarily because of the impending death, frequently they’re dealing with … Continue reading
What can you do when a loved one is near death?
Sometimes I get phone calls asking about what to do when someone is dying. Typically, the person is in the hospital, or a nursing home, or hospice, and it’s apparent that they are near the end. Family members want to … Continue reading