Can I amend my life insurance trust? A Florida Life Insurance Trust is an irrevocable trust and can generally not be amended. Although Florida’s new trust code does allow for easier amendments of trusts when the primary purpose of the trust will not be accomplished by the current form. An…
Florida Estate Planning Lawyer Blog
Florida Unrecorded deeds and Estate Planning
Normally a Florida Estate Planning Lawyer would advise against signing a deed conveying a home or other property without recording the deed. What happens if a Florida deed or Florida Enhanced Life Estate Deed is signed but unrecorded? Is the deed valid? What risks are associated with unrecorded deeds? Why…
Overriding your will by mistake
When reviewing your Florida Estate Plan be sure that your will does not conflict with other actions you have taken to avoid probate. Assets that have joint ownership, payable on death designations or beneficiaries will not pass to the beneficiaries names in your Florida Estate Planning Documents. Often a person’s…
IRA Beneficiaries – Know the Rules
As Baby boomers retire and move to Florida or other states, one of the jobs of an Estate Planning Lawyer is to review the Beneficiaries on IRA and other types of accounts. Denice Glerach a lawyer in Naperville wrote an article discussing this problem and suggesting some solutions for IRA’s…
Florida Firearm Legislation Has Been Filed
Below is some information I on proposed Florida gun legislation. The following bills have been filed to protect your constitutional and statutory right to have a firearm stored in your vehicle in a parking lot for self-defense and other lawful purposes. House Bill 503 by Greg Evers (R) (CO-SPONSORS) Mitch…
Beware of Trust Mills
Randall Armour of the Santa Clarita Valley Signal wrote an article discussing Trust Mills and gives some advice on how to spot a trust mill and several problems associated with them. 1. Trust mills often prepare documents after the client has filled out a simple check-the-box-type questionnaire. Little or no…
Living Trust Mills Winding Up In Some States
Although there are no current verdicts against Florida Companies, many states have taken action against living Trust Scams / Trust Mills / and Elder Law Planning Seminars. Michael Bonasera of Buckingham Doolittle & Burroughs, LLP and author of the The Ohio Trust & Estate Blog wrote an article titled Living…
Gun Licensing and The Supreme Court
Many gun owners are concerned about how the Supreme Court may rule in a case that is before them. A client of mine sent me a video link that shows what has happened in the UK and Australia. http://www.youtube.com/watch?v=TkS2BRoCd2I We have seen a substantial increase in the number of people…
Supreme Court Limits Deductions on Trusts
The Supreme Court upheld the limits on income tax deductions for a trustsor estate. The Court ruled against the Knight family (they created Pepperidge Farm). The Court said trusts ordinarily may not deduct the full cost of investment advice on their income tax returns. These expenses are only deductible when…
Death of Employee and Final Paycheck
A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send notice…