Circumstances change, possessions change, homes change, has your Will changed? As a Middleburg Estate Planning Attorney, I have heard many “will” stories, not all of them have a happy ending. A Florida woman was left a home in her father’s Florida Will . Her brother was left money in the…
The IRS just released Notice 2011-76 that extends the filing deadline for Forms 706 and 8939 for estates of decedents dying in 2010. The Notice provides that large estates of people who died in 2010 will have until early next year to file various required returns and pay any estate…
Many Middleburg families have thought about their future and what they want to happen upon their incapacity or death. However, many Middleburg families have not made that important call to consult with a Jacksonville Estate Planning Attorney about memorializing their thoughts in valid legal documents. When you plan in advance…
It is the PR’s job in a Florida Probate case to take actions to gather the assets and distribute them to the beneficiaries. When wrongful death claims are not assets subject to distribution under Florida Probate, it is the personal representative of an estate who pursues a Wrongful Death Claim…
Often families have vacation property that has been owned for may years or generations. It would be virtually impossible for most children to acquire or maintain these types of properties in today’s market. We often use business entities or trusts to hold title to the property and other assets to…
When protecting one’s assets in Forida a Florida Asset Protection Lawyer will often look at the stying of accounts and other personal property. There are situations when having a Bank account in the name of a husband and wife as tenants by the entireties can offer additional protection from creditors.…
The grandson of the late evangelist Oral Roberts has “come out” as a gay man. Courageous move for a man that comes from a devout and famous evangelical family. Although he and his family have minimal contact, their opposing views as to living a gay lifestyle has them at opposite…
In Florida, all marital assets are subject to equitable distribution. If you leave assets to your children in a revocable trust, they can also be at risk to equitable distribution depending on the circumstances and how they are used. If you create an Irrevocable Pure Grantor Trust (IPUG) and leave…
In Florida Statute 733.301(1)(b)(2) defines how a minor child can participate in a probate proceeding. Minor children are not able to participate directly, but can do so through a court appointed guardian over their property. In a recent Florida case out of the 2nd District of Florida the appellate court…
In Florida Probate is the legal process which occurs after death and is used to transfer assets and pay the debts of the person who is deceased. This process takes place in the Civil Court where the person lived at the time they passed away or in the county where…