Under the Uniform Fraudulent Transfers Act (UFTA) whether a transfer is considered fraudulent boils down to two basic issues. 1) Actual Intent 2) Insolvency and Transfer for less than full value The intent of the transfer is whether it was done to avoid payment or reach of a potential creditor…
Virtual adoption is not defined under the Florida Statutes. There was a recent Florida Bar article entitled Virtual Adoption: Not Just for Netizens written by Brian R. Dolan and Joel M. Commerford. The Fifth District Court of Appeal listed the following elements which are necessary to establish a virtual adoption:…
Many of my Jacksonville Estate Planning clients ask me when and how often they should review their Florida Estate Plan. I like to recommend that people take a look at their situation on a yearly basis and if they notice any of the following, they should make an appointment with…
American Family Prepaid Legal Corporation and Heritage Marketing, their officers and employees have been bared from the practice of law for in over 3800 acts by participating in an illegal Trust Mill. The firms sent direct mail ads to Ohio residents over the age of 65containing exaggerated claims regarding the…
As the use of genetic material becomes more accepted, the issue of what and how to deal with it has begun to be an important part of estate and trust planning and administration. Not only could this change distributions or dilute inheritance, but without guidelines or requirements for the disposition…
Florida Revocable Trust‘s are often used to avoid problems. The North Carolina Estate Planning Blog has an interesting article on when you should not use a Living Trust. 1. You want the court to dictate how your estate is handled. 2. You favor supporting the government, so you like the…
If you are a resident of the state of Florida, you may create a will in another state. You do not have to create a Florida Will or execute a Florida Will within the state of Florida. There are some areas of a will that even if executed in another…
A Florida Will provides instructions on how to distribute your assets upon your death. Many people believe that if they do not have a Florida Will their assets will be taken by the state. This is not true. Florida has a default will for all individuals built into the Florida…
Florida Special Needs Trust Lawyers & Florida Supplemental Needs Trust Attorneys. Florida Families who have disabled children had a greater need for a Florida Estate Planning Lawyer to prepare for the possibility that they do not outlive their children. When people have disabilities or special needs, it’s important for parents…
This morning I woke up ready to leave on a trip to NY with my family. We had had this trip planned for several months and my wife and I like to travel a lot. As I got out of bed, something happened and I fell and hit my head…