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Category Archives: Uncategorized
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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Living Wills
Today, April 16, is National Healthcare Decisions Day. I just received a visit from the local Hospice organization, Hospice of Marion County. Hospice of Marion County Which is a very good organization. I strongly encourage clients to set up some … Continue reading
Another reason to move your financial accounts to Florida
I’ve suggested in the past, if you move to Florida from out of state, you should move bank accounts, investment accounts, retirement accounts to a Florida institution, or at least to a Florida Branch of a national institution. By doing … Continue reading
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
When powers of attorney are rejected
Sometimes, banks, and other businesses, will question a power of attorney; most frequently they will insist that “their” power of attorney be used; and sometimes, they question the authority of the agent and simply refuse to accept the power of … Continue reading
Posted in Powers of Attorney, Uncategorized
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Contracts to Make a will
Sometimes I am contacted by potential clients who are upset about how a will was drafted; and they want to challenge it on the basis that the person who died had made a promise at some point to leave a … Continue reading
Liquidated Damages Clauses
When someone breaches a contract, the contract may provide for “liquidated damages” in a set amount or to be calculated in a certain way. The most common example of a liquidated damages clause is in many real estate contracts; the … Continue reading
