In Florida estate planning a person can leave money in trust for the care of an animal. As of July 1, 2007 Florida Statute 736.0408 replaced the previous statute 737.116 which was effective from April 23, 2002 until June 30 2007. The new Florida Statute states: (1) A trust may…
In a Florida Probate case there are many tax issues that need to be considered. Below is a list of the things that should be done immediately. 1) Shortly after the decedent’s death, someone should contact the decedent’s CPA to get general information regarding the status of the decedent’s income…
Before accepting the duties and responsibilities of being a PR in a Florida Probate Case or any probate case, the PR should be aware that they can be personally liable for the taxes, penalties and interest that are from the decedent. According to 31 U.S. C. 3713b: A representative of…
The process of finding someone legally incapacitated begins with the filing of a petition to determine incapacity. In Jacksonville and other areas in Florida the petition can be filed by any adult person. The subject of the petition to determine incapacity is known as the Alleged Incapacitated Person. As soon…
St. Johns County Estate Planning Lawyer and St. Augustine Estate Planning Lawyer David Goldman works with clients in Northeast Florida including St. Augustine, St. Johns County, Orange Park, Clay County , and Duval County Florida. Orange Park is located in Clay County. St. Augustine has a rich history including the…
In Florida a Successor Trustee is the person or institution named in the Revocable Trust agreement or other trust agreement who will assume control of the trust if the original trustee dies, resigns, or becomes unable or unwilling to act. There can be several layers of back-up trustees that take…
Appointment of the Executor/Administrator In Florida Probate, if no one objects to the petition for the allowance of the http://www.jacksonvillelawyer.pro/lawyer-attorney-1335235.html or (if there is no will) to the petition for administration of the estate without a will, then the court will usually appoint the executor named in the will (or…
Attorney-in-Fact: The person selected to have the authority to act on the behalf of a principal. An attorney-in-fact can be any adult that the principal selects. (He or she need not be a Florida lawyer.) Typically, people appoint an attorney-in-fact in a power-of attorney, granting the attorney-in-fact the power to…
Florida Spendthrift Trust: A trust established to provide a fund for an individual that includes a provision intended to secure it against that person’s lack of caution and protect it against the claims of creditors. A person can typically prevent against their own creditors but they can achieve some asset…
In Florida a Revocable Trustcan be amended and revoked, by the grantor who established the trust. This trust may become irrevocable and no longer amendable when the grantor of the trust dies or becomes permanently incompetent. Living Trust also known as Revocable Trust of Revocable Living Trust: A trust that…