Owner: Florida Estate Planning Lawyer Blog, by David M. Goldman Jacksonville Attorney URL:http://www.floridaestateplanninglawyerblog.com Join Date: Sun, 03 Feb 2008 00:50:44 -0600 Rating:0 Site Description: Current information on Florida estate planning, asset protection, business and employment issues, guardianship, probate, and elder law Site statistics:Click here
Gifts to yourself with a Power of Attorney 2008-03-08 09:16:04 Although a Power of Attorney
often authorizes the agent to give gifts, agents should be careful when making gifts to themselves. The Chicago Tribune has an article on an agent who gave herself $180,000 in gifts and the ensuing court... Read more:Gifts
Death Detective Aids South Florida Researchers 2008-03-07 09:15:53 If you need information on someone who died in south Florida
in the last 100 years, you may be in luck. A south Florida resident, Ann McFadden, has compiled a 4,000-page record of all most every death listed in a... Read more:Detective
, South
Florida Long Term Care Insurance Backfires 2008-03-06 09:10:37 Many individuals have long term care insurance to help with nursing home and assisted living costs. Generally it has been considered a good idea when individuals can afford the premiums. Rarely does having long term care insurance lead to a... Read more:Florida
NFA Trusts - Certificate of Trust will not work 2008-03-05 10:57:29 The BAFTE will no longer accept a certificate of trust with a Form 1 or Form 4 application for the purchase of Class III items. According to the person in charge of reviewing all trusts, all applications without the declaration... Read more:Certificate
Florida Guardianship Procedures 2008-03-05 09:13:55 A person is qualified under Florida
Law to serve as a guardian if he or she: 1. Is over the age of 18 years of age; 2. Is a Florida resident; or a non resident who is:1. Related by lineal... Read more:Procedures
Anna Nicole Smith Baby Inherits Her Estate 2008-03-05 06:51:07 A Los Angeles judge has decided that the young daughter of former Playboy bunny and television personality Anna Nicole Smith
will inherit her estate. Although Smith's will, drafted before her now 18-month-old daughter was born, gave everything to her son,... Read more:Estate
Charities Loose Battle over $8 Milliion Will Contest 2008-03-04 09:15:12 Only five weeks before his death Leonard R. Brener made a change to his will. He decided to change his beneficiaries form four local charities to his niece and her husband who took care of him while he was dying.... Read more:Battle
, Charities
, Contest
, Loose
Estate Planning for Pets 2008-03-03 09:05:13 Theresa Harrington of the Contra Costa Times has written about groups that encourage estate plans for pets. These are often referred to as Pet Trusts or may be included in a will with language that creates a testamentary Pet... Read more:Estate
Will I Lose My Homestead Exemption if I add someone to my Florida deed? 2008-03-02 09:41:15 Adding names to the ownership of your home normally does not change your $25,000 Homestead Exemption, BUT you may lose all or part of the protection your property receives from the Save Our Homes (SOH) assessment limitation or "cap". The... Read more:Florida
Will I lose my Save Our Homes Cap if I add someone to my deed? 2008-03-01 08:38:12 Maybe, depending on how you own the property (the "tenancy"), and if the new owner files for Homes
tead Exemption on your property. "Tenancy" is the term used to describe the way property is owned, the relationship between the owners, and...
Can I "undo" or cancel a deed that is already recorded? 2008-02-29 12:36:13 In Florida, if the wording of your current deed has consequences that you did not intend, you may want to consider a corrective deed. Please consult an Florida Estate Planning Lawyer , title company or other real estate professional to... Read more:recorded
How to trandfer property and keep your Homestead Exemption and SOH Intact 2008-02-29 12:33:43 Are there other ways of transferring my property
for estate planning that will not disturb my Homestead Exemption or SOH Cap? Two methods of transferring your property will, in most cases, keep your Homestead Exemption and SOH intact: reserve a...
No Florida Estate Taxes: What does this mean? 2008-02-28 09:28:51 When one dies the value of their estate is subject to an Federal Estate
Tax. This rate is currently 45%. In 2008 the Federal government has an exemption of the estate tax on the first 2 million dollars in value.... Read more:Florida
, Taxes
What Does a Florida Life Insurance Trust (ILIT) Do? 2008-02-27 10:21:17 A Florida
Life Insurance Trust is an irrevocable trust that allows an individual to make the proceeds of a life insurance poliicy free from income taxes and estate taxes. Typical life insurance policies are income tax free, but many increase...
North Dakota NFA Gun Trust Lawyer: Class 3 Firearms Trust 2008-02-27 09:57:56 North Dakota
has joined the growing list of states in which we have a relationship with a lawyer who is familiar with the (NFA) National Firearms
Act's requirements relating to the formation of trusts to purchase Class 3 weapons. These... Read more:Lawyer
, North
Can Your Dog Inherit Your Estate? 2008-03-12 12:46:57 In Florida and many other states animals are now allowed to beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust. Today I was reading an article... Read more:Estate
Florida Estate Planning Questionnaire 2008-03-11 19:50:26 Many of my clients have been asking me to post a copy of my FloridaEstate
Planning Questionnaire in a Microsoft word document so they can fill in and forward me the information online. This information will be useful to...
Can Your Dog Inherit Your Estate? 2008-03-11 10:17:25 In Florida and many other states animals are now allowed to beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust. Today I was reading an article... Read more:Estate
Free Florida Durable Power of Attorney - Will it work? 2008-03-10 11:00:42 Over the weekend, I read an article about a Free Power of Attorney
written by Jerry Bartholomew of the Michigan Elder Law Blog and decided to look for a FreeFlorida
Durable Power of Attorney. I ran across a website by...
Mom's hand-written is it valid? 2008-03-10 09:25:46 Rules regarding wills are usually based upon where the will was created. The general rule is that when a Will is valid
at the time of creation, Florida will honor the will. There is an exception to this and it... Read more:written
Florida Long Term Care Insurance Backfires 2008-03-06 09:10:37 Many individuals have long term care insurance to help with nursing home and assisted living costs. Generally long term care insurance is considered a good investment when individuals are healthy can afford the premiums. Rarely does having long term care... Read more:Florida
Quicken WIll = Unauthorized Practice of Law for Insurance Agent 2008-03-14 12:11:41 Ernest Chavis is a South Carolina insurance agent who previously had some business dealings with a 91-year-old woman named Annie Belle Weiss. On July 20, 2004, Chavis visited her and, at some point in the conversation, Weiss asked him "Can... Read more:Agent
, Practice
, Quicken
Florida Wills 2008-03-14 11:16:12 How can you tell if a Will has been altered? Most of the time you cannot tell by simply looking at the document. Often these documents are "tampered with" behind the scenes: friends, relatives, heirs or neighbors pressure, threaten or... Read more:Florida
, Wills
Key Considerations in Pet Trusts and Estate Planning 2008-03-13 10:07:35 Gerry Beyer, author of the Wills, Trusts & Estate
Professors Blog has a post on his blog Becoming a "Pet Friendly" Estate Planner which points to an article he wrote in Legal Times. "Your Trust-worthy Pet" discusses the history of... Read more:Considerations
Probate in Florida: Consumer Pamphlet: Florida Bar 2008-03-17 14:15:31 The Florida
Bar has created a Florida Probate Pamphlet to help individuals understand Florida Probate. It discusses the following information 1. WHAT IS PROBATE? 2. WHAT ARE PROBATE ASSETS? 3. WHY IS PROBATE NECESSARY? 4. WHAT IS A WILL? 5.... Read more:Consumer
Preneed Guardian Not Appointed: Court looks at Best Interest of Ward 2008-03-17 10:29:42 Miller v. Goodall, 958 So. 2d 952 (Fla. 4th DCA April 25, 2007) A daughter filed a petition to determine her mother’s incapacity and be appointed as guardian. The ward’s sister (daughter's aunt) also filed a petition seeking to be... Read more:Court
, Guardian
, Interest
Can Trust be Modified by Agent Acting Under a Durable Power of Attorney 2008-03-16 13:25:01 Gurfinkel v. Marmor, 32 Fla. L. Weekly D2931 (Fla. 3rd DCA December 12, 2007) The decedent’s trust beneficiaries challenged a pre-death "amendment" executed by the decedent’s spouse as attorney in fact pursuant to a valid Durable Power of Attorney
.... Read more:Acting
, Agent
Probate - Jurisdiction / Venue Case 2008-03-16 00:12:57 1. Anscher v. Lebenthal & Co., 963 So.2d 921 (Fla. 3rd DCA August 29, 2007) Spouse vs. Estate of spouse, co-trustee, & brokerage company The decedent’s surviving spouse bought an action in probate court against the decedent’s estate, the co-trustees... Read more:Venue
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