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Articles Posted in Estate Planning

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Florida Elective Share Statute Changes

The Florida Elective Share statutes has made it almost impossible to disinherit a spouse from your estate outside of a premarital, prenuptial, or post-nuptial agreement. In 1999, the Florida Legislature enacted what we now call the Florida Elective Share Statute, which was amended in 2016 and 2017 to provide even…

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Tortious interference of a testamentary expectancy

Tortious interference of a testamentary expectancy is a “tort” or a wrongful act that causes economic harm to another person, and allows for compensatory and punitive damages. The plaintiff must prove the following elements to establish a claim for the Tort of Intentional Interference with Expectancy: decedent had a fixed intention to…

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Community Property Trust can save Income Taxes

How a Community Property Trust Can Save Tens or Hundreds of Thousands of Dollars in Capital Gains Taxes Community property trusts can save your clients tens of thousands of dollars in capital gains taxes, and that is just one of their many benefits. This lesser-known strategy is not necessarily the…

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