More About Estate Planning During the Pandemic
By now we had all hoped that this pandemic would come to an end. Sadly, we are still in midst of it all and are now seeing what is supposed [...]
Your Adult Children Need Planning Too!
With the Coronavirus affecting everyone’s lives and most schools and colleges closed, many of you may have adult children at home for the remainder of the school year. This is [...]
Estate Planning In The Time Of Coronavirus
Although we hope none of you reading this or any of your family members come down with COVID-19, I wanted to mention why having certain estate planning documents in place now [...]
Second Marriage Estate Planning
Among probate lawyers, Florida is affectionately known as "probate heaven." This is due to the large number of retirees in Florida and to Florida's complex and sometimes burdensome probate laws. [...]
Revocation-On-Divorce Law Upheld By Supreme Court
The Supreme Court of the United States recently held in Sveen v. Melin that the retroactive application of a revocation-upon-divorce statute to a contract signed before the statute’s enactment does [...]
Estate Planning Under The 2017 Tax Act
The 2017 Tax Act, which was signed into law in December, made dramatic changes in the estate and gift tax exemption amounts. This post focuses specifically on what is does [...]
What Is A Personal Representative?
The personal representative is the person, bank or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. In Florida, the term [...]
Relationship Of Power Of Attorney To Other Legal Instruments
What is the difference between an agent and an executor or personal representative? An executor, termed a “personal representative” in Florida, is the person who takes care of another’s [...]
What Happens When A Person Dies With No Will?
A person who dies without a will is considered intestate. When a person dies intestate, the state will take the decedent’s assets if the decedent does not have any heirs. [...]
What Kind Of Property Can Be Disposed Of By Will?
Nearly all forms of property can be transferred through a will, however, certain property interests cannot. For example, property interests cannot transfer by will when they terminate upon the owner’s [...]
What Happens To A Decedent’s Revocable Trust At Death?
If the decedent had established what is commonly referred to as a “Revocable Trust,” a “Living Trust” or a “Revocable Living Trust,” in certain circumstances, the trustee may be required [...]
General Overview Of Revocable And Irrevocable Trusts
One way to think about a trust is that the trust itself is a book of instructions. A grantor authors the trust, and provides instructions concerning the use of the [...]
Some Suggestions Concerning Wills
Marriage does not cancel a will in Florida, but a spouse acquired after the execution of your will may receive the same portion of your estate that he or she [...]
Why Does The Personal Representative Need An Attorney?
A personal representative should always engage a qualified attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, [...]
How Do I Know If My Assets Are Properly Titled To My Revocable Trust?
The account statement, stock certificate, title or deed will make some reference to the trust or to you as trustee. You might also elect to fund your trust by naming [...]
Who Pays Federal Income Tax On Trust Income?
In most instances, the revocable trust is ignored for federal income tax purposes during the grantor’s lifetime. The income and deductions are reported directly on your individual income tax return. [...]
Ten Reasons For Updating Your Estate Plan
Your plan hasn’t been updated to take into account the never-ending Estate Tax changes. Currently a single person can leave up to $5.6 million, and a married couple can leave [...]
What Are Probate Assets?
Probate administration applies only to probate assets. Probate assets are those assets that were owned in the decedent’s sole name at death, or that were owned by the decedent and [...]
Whom Will The Court Appoint To Serve As Personal Representative?
If the decedent had a valid will, the judge will appoint the person or institution named by the decedent in that will to serve as personal representative, as long as [...]
What Is A Trust?
A trust is a fiduciary relationship where a trustee is tasked with investing, protecting and managing property as well as the income that the property generates for a beneficiary. There [...]
