Last week I had a client call me about a Probate problem? It turned out that this client had used a Do it yourself Will Program that was online ( LEGALZOOM). Her husband executed his will, but she did not. Then her husband died. The problem is that because her…
Articles Posted in Probate
Credit Card Debt and Offers for the Incompetent: Power of Attorney, Guardianship, or Credit Freeze
Kimberly Palmer of U.S. News & World Report wrote an article on the Alpha Consumer Blog where she discussed these issues. Her reader wrote: My husband, who is retired, has dementia. He responds to credit card offers in the mail and charges things to them, even though he shouldn’t, because…
Do it yourself Estate Planning: Bad News Part 5
Professor Gerry W. Beyer author of the Wills, Trusts, & Estates Professors Blog, as reported on a mistake in estate planning where a Another Self-Help Estate Plan Gone Awry. In this case a man decided not to consult with anestate planning lawyer. He transferred the family home to his stepchildren…
Why Do I Need Estate Planning?
Mitchell Port a California lawyer posted a link to an article on the California Tax Attorney Blog about an article on the State Bar Website which provides information on estate planning. Although this is a California bar website, many of the same issues and considerations are important to Florida residents…
Florida Gun Trusts: (NFA) National Firearms Trust – Update
If you live in a Jacksonville Florida, like many other cities around the country where the (CLEO) Chief law Enforcement Officer of your city will sign a Form 4 for NFA purchases of Class 3 items, there are several solutions. Title II Firearms (sold by Class 3 SOT dealers) include…
Do it yourself Estate Planning: Bad News Part 3
A Florida Probate Lawyer Long Duong is reporting a mistake a client of his made with a modification to a Florida Will. The document was not properly executed and it was held to be invalid. This mistake cost the intended beneficiaries over $75,000. Some other examples of Do it your…
Family Estate Planning and Conflict of Interest
Whenever a Florida estate planning lawyer represents two or more individuals, there is always at least the potential of a conflict of interest, even when the clients agree about everything. The same is true when a married couple needs a Florida attorney’s help with an estate plan. Depending on the…
IRA’s and your Florida Living Trust
One common mistake that people make when they have a spouse or children is to transfer their retirement accounts into their Florida Living Trust. Generally, retirement accounts are not subject to probate because you can name beneficiaries. If you name individual beneficiaries, each beneficiary is given the most flexibility in…
IRS Issues Revised Form 706
Last month the IRS released a newly revised Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, and Instructions to Form 706. The new form is to be used for estates of decedents dying after December 31, 2006 and before January 1, 2008, and reflects changes in law as…
Can a Felon be a Personal Representative or Executor of an Estate?
In Florida, the following classes of people are not qualified to serve as a personal representative of an estate: (a) Has been convicted of a felony. (b) Is mentally or physically unable to perform the duties. (c) Is under the age of 18 years. If the person named as personal…