Tortious interference of a testamentary expectancy is a “tort” or a wrongful act that causes economic harm to another person, and allows for compensatory and punitive damages. The plaintiff must prove the following elements to establish a claim for the Tort of Intentional Interference with Expectancy: decedent had a fixed intention to…
Are you getting close to retirement? Do you want to develop an effective estate plan but you are not sure how to start? If your answer to one of these two questions is affirmative, you have come to the right resource. We are all aware how important it can be…
Most seniors do their best to prepare for the unfortunate, inevitable, outcome that one day they will pass away. They create their will, and with painstaking detail allocate their hard-earned money and assets to spouses, children, family, friends, and charities. But what if there is not money or assets left…
The number of people living with Alzheimer’s disease in the United States is growing rapidly. So, too, are the number of myths surrounding the disease and other forms of dementia. Let’s begin by looking at what we do know about the prevalence of Alzheimer’s before investigating some of the more…
Is Equal Fair with Estate Planning? Most of our clients want to treat their children fairly and equally. Splitting assets equally among the children may be easy, but is it fair? When dividing assets, it is often important to determine the needs of the kids as well as what you…
There have been many reports of unintended consequences related to the use of online wills over the past few years. In fact, I have written about many of these issues on this blog. It is important for individuals to understand that there is a difference between a document and a…
The Florida Asset Protection Trust. Most financial planners are unfamiliar with some of the modern twists available with Florida Asset Protection Trusts. This is a special type of irrevocable trusts. They tend to be familiar with the older style of irrevocable trust that can pose several problems for those who…
How a Community Property Trust Can Save Tens or Hundreds of Thousands of Dollars in Capital Gains Taxes Community property trusts can save your clients tens of thousands of dollars in capital gains taxes, and that is just one of their many benefits. This lesser-known strategy is not necessarily the…
How Does A Step Up In Basis Work? Capital gains taxes are one of the more confusing taxes that American citizens have to pay. The best way to explain capital gains taxes is through examples. This article will include plenty of examples, but in an attempt to define these taxes,…
How To Object To The Final Accounting of a Personal Representative in Florida The final accounting can be complex. As many Florida residents might know, the probate of an estate can be a very lengthy process that can be full of mistakes. Mistakes are often made when the estate’s personal…