As a Jacksonville Estate Planning Lawyer, I often get asked about picking a Florida Guardian for a child in the even that the parents were to die before the child becomes an adult. There are two types of guardians one should consider to take care of their children. There is…
Articles Posted in Probate
Do I really need a Florida Living Trust?
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…
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…
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.…
Attorney and Client Check List for Mediation
Jacksonville Business and Estate Planning Attorney, David Goldman Found a great article How To Prepare For Mediation: The Mediator’s Check List Of Key Legal And Factual Issues by David Laufer. This article and the checklist below can be used in Florida Business Law, Florida Probate Law, Florida Guardianship Law, and…
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…
Florida Executor Found Personally Liable for Estate Taxes
One of the first things your Florida Probate Lawyer should tell you is that as an executor or Personal Representative of a Florida Probate Case, you are personally liable for any unpaid taxes or penalties for the decedent. Kimberly Martinez-Lejarza has a nice review of the Estate of Ziotowski v.…
Florida Trust Accounts: Should the Checking Account Be Held In the Name of the Trust?
When you create a Florida Revocable Trust, your Florida Estate Planning Attorney should advise you on how to title accounts. One common question is about checking accounts. In most cases, the title (ownership) of the checking account should be changed to the name of the Florida Living Trust or Florida…