Whatever the extent of your Jacksonville property or assets, it is important to have your Florida will drawn up. If you die before you make a will, the State of Florida intestacy succession laws will distribute your property for you. It is important to consult with a Jacksonville Estate Planning…
Florida Estate Planning Lawyer Blog
Houston Astros on the Market for Estate Tax Reasons
Forbes.com has reported that no price has been set for the Astros, but Drayton McClane Jr., has decided to sell the team for estate planning purposes. The team is worth a reported 455 Million and could create a tax bill of more than 200 Million dollars. While the proposed changes…
Personal Representative Selected in Absence of Will.
A Florida Personal Representative is appointed by the probate judge to settle the decedent’s (person who died) estate and distribute the property to the beneficiaries. When an Orange Park resident dies without leaving a will (dies intestate), Florida Statutes, Section 733.301 provides for the preference in appointment of a personal…
Wrongful Death Claim Settlements May be at Risk from Creditor Claims
When a Florida Wrongful Death action is settled, the money either goes to the estate of the decedent (the person who has died) or to the decedent’s survivors. If the settlement is small, it can be handled with a summary administration. When this happens, the settlement money becomes an asset…
5M Estate Tax Exemption? But what about Stepped Up Basis?
It has been widely reported that the extension of the Bush Tax Cuts is being recommended by Obama in addition to agreeing to a new estate tax of 35% on assets in excess of 5 Million dollars but no one is reporting on what will happen with the loss of…
Removal of Florida Guardian may be in the Best Interest of the Ward.
A Florida guardian may be appointed to exercise limited or total powers over a ward (minor, elderly or incapacitated person). There are times when a Jacksonville guardian appointed by the court has failed to act in the best interest of the ward. If a Jacksonville Guardian fails to ensure that…
Using a Business Entity as the General Partner of a Limited Partnership
One needs to be careful that they do not expose their assets in a Florida Limited Partnership to forced distributions because they choose a general partner that can be take over. In the past and in many other states, it is common to protect the GP from liability by making…
Oklahoma Law Lets Executors manage Online Social Media Accounts
A new law in Oklahoma appears to let estate executors have the power to access, administer, or terminate online social media accounts of the deceased. This law is in direct contradiction to the licensing arrangements of most online accounts and it has yet to be seen how and if the…
Florida Probate Code Requires Production of Wills
Wills need to be deposited with the court within 10 days of death. Florida Statutes, Section 732.901. A Jacksonville custodian of a will must deposit the will with the appropriate clerk of court within 10 days after receiving information that the testator (person whose will it was) is dead. If…
Estate Planning and Beneficiary Designations
When creating Florida Estate Planning Lawyer it is important to remember that once you create the documents your job is not done. If you create a Florida Revocable Trust it is important to fund the trust or it will not provide one of the typical benefits of avoiding a Florida…