Updating your estate plan is as important as having one. Many find it easy to procrastinate about updating their estate plan because they do not want to spend the money on a Florida estate-planning attorney. However, a lot of money can be lost through missed estate planning opportunities and family…
Using a Durable Power of Attorney in Florida When you have been appointed as an agent by a person to act as an attorney-in-fact for that person, you must keep three important ideas in mind. Agent Authority Because you are acting as an agent, you are obligated to either act…
The management of a revocable living trust is intended to be a simple, private, inexpensive matter handled by the Settlor and those people the Settlor chooses, without court intervention. It is always a good idea to seek professional advice when taking over the management of another persons trust. Generally the…
Below is a summary of the more common ways that property is transferred in the state of Florida when someone dies. Somebody just died leaving you an interest in a piece of property. To reclaim your interest in the property you must prove that you own it by documenting the…
We often get questions regarding the creation of Pet Trusts in Florida. Florida Statutes have provided for pet trusts for many years but they do not always make sense. I have attached a document which you can use to help gather information that will be necessary to determine if a…
You can transfer ownership of your real estate property through probate, or by signing an instrument known as a deed.1 Using a deed to transfer ownership of your real estate allows you to bypass probate, but there are some risks associated with this alternative. This blog discusses the advantages and…
While personal income tax returns and gift tax returns for taxable gifts made during 2011 are due on or before April 17, 2012, estate tax returns for decedents who died during 2011 are not due on April 17, 2012. If a decedent who died in 2011 is required to file…
John Buchanan has an article in Central Florida’s Agri-Leader which was published on October 24th which discusses the effects of the expiration of the estate tax exemption on farmers. Many farmers end up loosing farms because of estate taxes and the inability of their families to become liquid enough to…
Phyllis Korkki with the NY Times wrote an article dealing with some of the problems our aging society has when they have no children or natural caregivers and ways to help deal with it. In the article, she quotes me in dealing with some ways you can use legal documents…
In the Florida case of Jervis v. Tucker, 37 Fla. L. Weekly D349 (Fla. 4th DCA 2012) Bernice J. Meikle executed a revocable trust agreement in 1991, which she subsequently amended by executing a first amendment. Her trust, as amended by the first amendment, provided that Meikle’s power to revoke…