Articles Posted in Estate Planning

Last Will and Test.3.jpgIf you have ever thought about changing or invalidating your Florida Will it is recommended that you speak with an Attorney at an Orange Park Estate Planning Firm, who is familiar with the Florida Statutes which govern the preparation and revocation of Florida Wills.

All Florida Wills are revocable until your death- as long as you are competent. A Florida Will can be revoked by writing or by an act. A Florida Will can be revoked by the preparation of a later Florida Will. A Florida Will can also be revoked by burning, tearing, defacing, or destroying the will if it is done so purposely and intentionally.

If you want to revoke a Florida Will and ensure that it is never used, it would be advisable to collect all copies and destroy them. If this is not possible, write the word REVOKED on the original Florida Will, along with the date, and your signature. You should prepare a new will before or at the same time as you revoke the old will in case you die before the new will is prepared. If a new will is not prepared, the court will consider that you died without a will and will base the distribution of your assets on the Florida intestate succession laws.

St. Augustine trustors establish a Florida Trust may have numerous objectives in mind. Trust assets can benefit several beneficiaries; a trust may help you avoid the probate process by funding the trust during your lifetime; and Florida trust funds can be managed by professionals. Professional management of the trust is important if the beneficiary is a minor or a mentally incompetent adult, or useful when the beneficiaries are not experienced with investing money or managing property.

In Connecticut, a man who was appointed trustee by a probate court, began to embezzle trust funds from his grandmother’s trust leaving her without enough money to live on. The grandson trustee’s transactions of investments to benefit the trust, were actually in violation of the established rules of the trust. Needless to say, the grandson is no longer trustee, and may be looking at jail time. Florida has laws that can make actions like these a crime against the elderly.

Establishing a Florida Revocable Trust is an important estate planning tool for many people regardless of their net worth. It is however, vital to speak with a St. Augustine Estate Planning Lawyer who can give invaluable advice as to your choice of trustee and successor trustee as well as the various duties, powers and limitations of the trustee.

The bonus days come thanks to Emancipation Day, a little-known Washington, D.C., holiday that celebrates the freeing of slaves in the district.

Emancipation Day falls on Sat., April 16, but it is observed in D.C. on Fri., April 15. That prompted the IRS to extend the tax filing deadline to April 18 this year. Under the tax code, filing deadlines can’t fall on Saturdays, Sundays or holidays.

699101_mans_best.jpgFlorida pet lovers are part of the estimated 71.4 million households that have at least one pet. according to an article published in the Chicago Sun-Times. Jacksonville animal lovers spend lots of time and money caring for their pets, but what happens to these beloved creatures when their owner passes away?

If you have not made an arrangement with a family member or friend your pet may end up in an animal shelter or worse. People create Florida Wills to provide for their families and there is a growing trend to create pet trusts. Remember the very wealthy Leona Helmslely, she left millions to care for her maltese poodle. Make arrangements by speaking with a Pet Trust Attorney, so the person you designate to take your dog or cat or other animal, will have the adequate funds to look after your pet.

If you love and cherish your dogs, cats and pets than make sure they are cared for should you pass away before them. The Florida Trust Code has provided for a pet trust which allows you to ensure that your animal alive during your lifetime is taken care of even after you are gone. If you want to discuss having a trust created to ensure that you have left appropriate funds for the future care of your beloved pet, call a Jacksonville Estate Planning Firm.

Thumbnail image for Thumbnail image for happy_new_year_3.jpgPrepare your Will! It’s easy, it’s affordable and it doesn’t involve giving up anything sweet.

We are all guilty of procrastinating when it comes to having our Florida Will prepared, make this a priority for 2011. Once you make the decision, you will be able to rest assured that when you pass (hopefully many years from now), your family will be provided for according to the provisions you have made.

If you die without a valid will you are said to have died “intestate”, and the

The Tulsa Estate Planning Blog reported that The 2010 Tax Relief Act creates a unique opportunity to make gifts through December 31, 2010 that are not subject to the generation-skipping transfer tax. This is because, under the new law, the tax rate is zero for any generation-skipping transfer made in 2010. Beginning January 1, 2011, the tax rate for these transfers will be 35%. In two short years the rate goes back to 55%.

Money can be taken from an existing multigenerational trust, declared subject to the 2010 GST tax, and deposited in a new trust for grandkids’ benefit, with the GST tax now pre-paid at a 0% rate.

Under the tax deal, each person’s lifetime exemption from gift, estate and GST tax will be “unified” at a hefty $5 million in 2011 and 2012.

Florida Gun Trusts are not the same as a standard Revocable or Living Trust.

We are getting more and more so called Gun Trusts that have been prepared by lawyers in Florida and other states that are nothing more than a traditional revocable trust with a few definitions thrown in to discuss the National Firearms Act.

The biggest problem with these trust is that they do not protect your family in the event you die or become incapacitated. If your trust talks about income and real estate or does not seem to be specific for firearms, you may want to have it reviewed by a Gun Trust Lawyer to see if your trust instructs your family or friends to break the law and subject themselves to the penalties of the NFA.

Jacksonville WIll and Probate Lawyerl.jpgWhatever 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 Attorney to ensure that your will is prepared in accordance with Florida Statutes.

To be valid in Florida, your will must meet certain requirements:

• Legal age
• Testamentary capacity (of sound mind and body)

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 to the estate taxes will help many people, it will still create major problems for larger estates. If you want to discuss your estate and what options you may have to reduce estate taxes or probate costs and delays, you should contact a Jacksonville Estate Planning Lawyer to discuss your circumstances and goals.

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