As a Florida Estate Planning Lawyer, I often advise people about the effects of an insurance payout on their beneficiaries or their taxable estate value. Generally Life Insurance is not income taxable to the beneficiary of the policy but does increase the value of the estate. In the event that…
Florida Estate Planning Lawyer Blog
No Free Lunch: Florida Seniors beware of free lunch offers!
Although there are legitimate “free lunch” seminars done by many respectable Florida Estate Planning Lawyers, the Securities and Exchange Commission (SEC) has found that many seminars may mislead seniors into making unwise investments. Florida Estate Planning Lawyers are prohibited from making advertising claims that are false and statements that are…
Best Email Practices: Protecting the Company’s Privilege (Part 3)
This is the third part to a series on Protecting the Company’s Privilege and the dangers of Email. Click here if you missed Part 1 and Part 2. Many Jacksonville Business Lawyers tell their clients that email can be very dangerous in the event of litigation. One should always be…
Successor Trustee: Duties and Responsibilities
You have just been asked to be a successor trustee for a Florida Living Trust. What will your trustee duties and responsibilities be? Do you want to accept? Are their downsides? I ran across an interesting article and have applied some of it to Florida law. This note will help…
How to change a WIll
Clients often bring in Florida Will to amend which have been marked up several times. Usually, once there are so many changes that they cannot tell what the last change is, the decide to redraft or amend their will. With a Florida Will, or a will drafted in another state,…
Medicaid Application: What to do first?
There have been many changes in the eligibility requirements for Medicaid. One of the most significant is that penalty periods and ineligibility periods begin from the date of application. It is for this reason, that you should have your documents reviewed by a Jacksonville Florida Elder Law Lawyer who works…
IRS Issues Revised Form 706
Last month the IRS released a newly revised Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, and Instructions to Form 706. The new form is to be used for estates of decedents dying after December 31, 2006 and before January 1, 2008, and reflects changes in law as…
Does your Estate Plan contain a Designation for Pre Need Guardian?
What is a Pre-Need guardian and why is it important in Florida and other States? Very rarely do I run across Florida estate plans that have designated a Florida Pre-Need Guardian. This simple document allows an individual if incapacitated to name someone in advance to act as your Florida Guardian.…
Florida Statute of Wills: Wills, Revocable Trusts, Codicils
When making a Florida Will, Florida Revocable Trust, or Codicil to a Florida Will there are several technicalities that must be complied with for the documents to be valid. 1) Who can make a Florida Will, Florida Revocable Trust, or Codicil to a Florida Will: The answer to this can…
Do it Yourself Wills? More bad news
I have previously written about Doing your own will in a post entitled Do it Yourself Wills? a Good Idea or Not? Gerry W. Beyer of the Wills, Trusts, & Estate Professors Blog had an article that disccusses some of the other problems Do-it-yourself estate documents – the attractions and…