Florida Estate Planning Lawyer Blog

May 28, 2007

Florida Guardianship: Examining Committee

In Jacksonville (Duval County) Florida and other Florida cities the examining committee consists of three members. One must be a physician or psychiatrist. Each member must examine the Alleged Incapacitate Person (AIP). The examination consists of tree parts:

1) a physical examination 2) a mental examination, and 3) a functional assessment of the person.

The committee’s report must contain a diagnosis, a prognosis, and a recommended course of action for the AIP. If all three of these are not present, it is not a valid report.

May 24, 2007

Florida Guardianship: Who may be Appointed as a Guardian

by David M. Goldman

In Jacksonville and other areas of Florida, once the Alleged incapacitated person is found to be incapacitated, he or she becomes a ward. The ward is entitled to have a qualified and competent guardian who:

1) must be at least 18 years old 2) a resident of Florida or a blood relative, adopted child or the ward’s spouse, and

3) may not be a

felon,

May 22, 2007

Estate Planning for your parents

by David M. Goldman

Orange Park, Duval, St. Johns, Jacksonville Florida
Most Jacksonville estate planning attorneys or those in other locations, focus on your heirs (children and grandchildren). As your parents are aging it is also important to consider and evaluate your parent’s estate planning. One you understand the value in creating your own estate plan, you need to understand what effects your parents estate planning will have on you. You may find that your parents should leave the maximum exempt amount to their grandchildren (GST Trust)instead of to you. This can help avoid an extra layer of Death taxes. Its also important to classify their assets and allow the Personal representative or trustee the flexibility and duty to find which assets have the most appreciation (lowest cost value) and allocate those as to be most beneficial to the estate. If you can discuss your parent’s estate planning with them, you may want to. You should speak with an estate planning attorney who can help structure a multi generational estate plan to help you and your parents establish a plan that will pass their values and protect inheritance.

May 20, 2007

Plenary Guardianship vs. Limited Guardianship

by David M. Goldman

A Jacksonville Guardianship Attorney will always attempt to obtain a Limited Guardianship for his clients when ever possible. Generally in Jacksonville and around Florida, The courts must use the least restrictive means when establishing a Florida Guardianship. When a person has all of his /her rights removed they will have a Plenary guardianship. If one right or more is retained then the guardianship is limited.

The duties of a guardian may be divided into two parts:

1) The duties dealing with the person of a ward, and 2) The duties with the property of a ward.

May 18, 2007

Florida Guardianship: Rights of the ward

by David M. Goldman

In Jacksonville and the rest of Florida a ward has many rights. Their Florida Guardianship Lawyer can work to maximize the rights that they retain. A ward or incapacitated person has rights that can be taken away, rights that can be delegated to the guardian, and the ward has many rights that cannot be taken away.

1) Rights that can be taken away fro the ward. These are found in Florida Statutes Section 744.3215 and include the following:

a) The right to marry
b) The right to Vote
c) The right to personally apply for government benefits
d) The right to have a driver’s license
e) The right to travel
f) The right to seek or retain employment.

May 15, 2007

Florida Will Requirements

by David M. Goldman

Jacksonville Florida Estate Planning Lawyers are often asked who may make make a will in Florida. The answer to this can be found in the Florida Statutes, Section 732.501 which states:

732.501 Who may make a will.–Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.

Whether you live in Jacksonville or some other area of Florida, the requirements are the same.

May 10, 2007

Florida Will Execution Requirements

by David M. Goldman

Jacksonville, Duval, Ponte Vedra, Jacksonville beach, orange park The Florida Statute, Section 732.502 define the requirements for a valid execution of a Florida Will. You should have your will reviewed if you move to another state, marry, divorce, have children, or any major change affects your finances, or family.

In addition to being in writing, the will must include the testator’s signature at the end of the will. If the person creating the will is unable to sign, they can ask someone else to sign for them at their direction, while in the testator’s presence.

Two witnesses must acknowledge the will was signed in their presence of the testator and in the presence of each other.

May 4, 2007

Duval County, Florida Court, Courthouse Duval, FL

by David M. Goldman

Florida Estate Planning Lawyers in Jacksonville Florida. Jacksonville is located in Duval County. Jacksonville is the largest city in the state of Florida and the largest contiguous city in the United States. Jacksonville is located about 25 miles south of Georgia. Jacksonville is in the First Coast region of north east Florida and the St. johns River runs through the center of the city. In 1822 Jacksonville was renamed after Andrew Jackson, who was the first military governor of the Florida Territory and the 7th President of the United states. Duval county is surrounded by St. Johns County, Nassau, and Clay County. The current courthouse is located on the banks of the St. Johns River and its address is.

Duval County Court House 330 East Bay Street, Room 103 Jacksonville, FL 32202 904-391-6700

The 1901 burned down the original court house pictured below.

April 19, 2007

Florida Personal Representative

by David M. Goldman

A Florida Personal Representative – The individual or individuals (or institution) named in a will or appointed by the Probate Court who is responsible for gathering a decedent’s assets, paying debts, taxes, and expenses, selling assets of the estate, if necessary, and distributing the remaining property and money according to the terms of the will (or the intestate laws of the state of residence). The personal representative must preserve and protect the estate assets and unless an accounting is waived account to the estate beneficiaries for estate income and expenses. The personal representative must file a federal and state estate tax return, if required, and must also file final state and federal income tax returns for the decedent, and, if necessary, federal and state income tax returns for the estate.

April 15, 2007

Florida Pet Trust Changes

by David M. Goldman

In Florida estate planning a person can leave money in trust for the care of an animal. As of July 1, 2007 Florida Statute 736.0408 replaced the previous statute 737.116 which was effective from April 23, 2002 until June 30 2007.

The new Florida Statute states:

(1) A trust may be created to provide for the care of an animal alive during the settlor’s lifetime. The trust terminates on the death of the animal or, if the trust was created to provide for the care of more than one animal alive during the settlor’s lifetime, on the death of the last surviving animal.