One of the most common questions people ask about Florida Lady Bird Deeds (Florida Enhanced Life Estate Deeds) is whether upon the death of the grantor, the contingent beneficiaries receive a stepped up basis like they would receive if the property was to transfer under a will. Under Section 2036…
Florida Estate Planning Lawyer Blog
FDIC Deposit Insurance extended to December 31, 2013
Today it was announced that deposits at FDIC-insured institutions are now insured up to at least $250,000 per depositor through December 31, 2013. On January 1, 2014, the standard insurance amount will return to $100,000 per depositor for all account categories except for IRAs and certain other retirement accounts which…
The fertile octogenarian: a reality?
All lawyers who took estate planning in law school learned about the possibility of an 80 year-old woman giving birth to a child. This mental exercise is just one of the unusual circumstances a Florida Estate Planning Lawyer might deal with in the drafting of Florida Estate Planning Documents. Matthew…
Probate & Summary Administration
A Summary Administration in Florida is an abbreviated Florida Probate proceeding where estates with assets of less than $75,000 or those where the decedent has been dead for more than 2 years can simplify the probate process. We often find that the families of people who die with a home…
Power of Attorney Dangers – License to Steal
A couple was recently charged with theft and elder abuse for taking money from their elderly parents, under authority of a power of attorney to pay for personal expenses. These included vacations, plane tickets, lodging and meals. Matthew D. Gardner an Iowa Estate Planning Lawyer wrote about this case and…
Does the HIPAA Privacy Rule allow parents the right to see their children’s medical records?
Yes, the Privacy Rule generally allows a parent to have access to the medical records about his or her child, as his or her minor child’s personal representative when such access is not inconsistent with State or other law. There are three situations when the parent would not be the…
Wills and Trusts – What happens with each
Often the decision of whether to use a Florida Will or Florida Revocable Trust depends on issues surrounding distribution of assets, disability, and death. This summary of issues should help you determine which is best for your circumstances. Privacy What happens with a Will No privacy. All documents and proceedings…
Keeping Mom and Dad Safe at Home
Generally, elderly parents want to remain living in their own home. However, remaining in the home becomes a concern when children see their parents slowing down, perhaps even having trouble with handling stairs and doing general daily activities. Yet, with parents’ mental and physical health currently not creating problems, there…
Wills and Trusts- Which is Better for me
In Jacksonville and around Florida we are often asked about the differences between a Florida Will and a Florida Revocable Trust. Although each persons circumstances are unique, generally the following factors tend to determine which is better in relation to disability and death in relation to the cost of a…
Advantages of Using a Trust for Estate Planning
Estate planning can help deal with the proper use and distribution of your assets upon a disability or your death. Below are several of the advantages of using a Florida Revocable Trust for Disability and Death Planning. DISABILITY PLANNING No probate, so everything remains private. You decide the criteria for…