As aFlorida Estate Planning Lawyersand a Jacksonville Estate Planning Lawyer I often receive questions about Florida Living Trusts. These usually come after clients attend seminars given by Estate Planning Organizations. Often they are not law firms, but some are. Although there are benefits to Florida Living Trusts, sometimes they are…
Articles Posted in Estate Planning
Personal Representative / Executor Requirements
Your Florida Estate Planning Lawyer will tell you that being appointed the PR / executor of an estate is not easy. The PR takes a personal risk and large responsibility to the estate of the decedent, the IRS, and the beneficiaries. The main job of the PR is to manage…
Powers of Attorney for College Students
As a Jacksonville Estate Planning Attorney, I wanted to share with you and your family an important planning idea on he use of Powers of Attorney and Health Care Surrogate forms for college students and adult family members that are under 30 years of age. These documents are recommended because…
Are Wills Still Valid After Moving To Another State?
If you move to Florida from any state or country, Florida will recognize any will that was properly executed as to the rules of another state except Holographic wills. A holographic will is one that is entirely in the handwriting of the creator. Florida does have an exception to their…
Spousal / Elective Share: Constitutional or Not?
Often in the process of Florida Estate Planning, Florida Elder Law, or Florida Probate I get asked about the effects of Florida’s Spousal Share Statutes. The statutes reserve 30 % of the decedents estate for a spouse in the event that the decedent did not provide at least that amount…
Common Law Marriage and Estate Planning
As a Jacksonville Estate Planning Lawyer, I learned that Florida did not recognize common law marriages. About a week ago, the founding partner of Wood Atter, came into my office and asked me about an estate plan involving a couple that were married under the common law many years ago.…
Florida Trust Advantages for Descendants
Florida Estate Planning Lawyers often tell clients of the many advantages of a Florida trusts. When a client leaves property to heirs in a trust instead of outright, they can control how the property is used. The control can violate public policy or law, but often good estate planning can…
Abusive Trust Tax Evasion Schemes – Questions and Answers
Florida Estate Planning Lawyers are often asked about tax strategies. Lawyers and accounts are not allowed to advise clients on tax evasion schemes. Recently I read an IRS Article named Abusive Trust Tax Evasion Schemes – Questions and Answers The questions and answers give a good general background to many…
Do it yourself Wills? Good idea or not?
Although it is possible to create your own will using Quicken, an online service, or by just creating one on your own, a Florida Estate Planning Lawyer would likely caution against doing so. A “Do it yourself will” can have many undesired results. The California Estate Planning Blog points to…
Durable Power of Attoney? Why are they so Important?
Florida Estate Planning Lawyers often include Durable Power of Attorney documents in the estate planning they do. Today I read an article on the California Estate Planning Blog entitled “Do I Need A POA Over My Spouse?”. The article recommends that everyone needs a power of attorney over their spouse…