St. Clearwater Probate court is located in Pinellas County. Clearwater does not have any unusual probate fees.
The Pinellas County Courthouse is located at:
315 Court Street Clearwater, Fl 33756 Tel: (727) 464-3267.
Asset Protection and Fraudulent Transfers
Under the Uniform Fraudulent Transfers Act (UFTA) whether a transfer is considered fraudulent boils down to two basic issues.
1) Actual Intent 2) Insolvency and Transfer for less than full value
The intent of the transfer is whether it was done to avoid payment or reach of a potential creditor that existed at the time the transfer took place. It is possible to have an intent other than to avoid the creditor’s reach that is not fraudulent. Often people want to transfer assets to others for little or not value, this is a problem because of the second issue.
Asset Protection and Protecting Against Outside Creditors
Florida Asset Protection typically deals with protecting assets from Inside creditors and Outside creditors. Outside creditors are those creditors whose claims arise the business entity and are then assert4ed against the business, real estate, or asset.
It is possible to protect against Outside debts or creditors by using a business entity like a:
Limited Liability Company
Asset Protection and Inside Creditors
Florida Asset Protection typically deals with protecting assets from Inside creditors and Outside creditors. An inside creditor is a creditor whose claim is directed against the business or real estate that is owned and operated within a business entity.
It is possible to protect against inside debts or creditors by using a business entity like a:
C Corporation S Corporation
Limited Liability Company
Asset Protection for Business Owners
Florida business owners are one of the groups of individuals who need Florida Asset Protection. There are two types of risks that business owners are at risk of loss. First is the risk that comes from within the business. The second type of risk comes from their personal life and may put their business and income at risk. It is important to structure your business and personal assets to minimize the risk to a loss. The first step a Florida business owner should take is to review their Florida Estate Planning with an eye towards reducing risks from assets to themselves, assets to other assets, as well as personal liability to assets that you own individually or within a business entity.
Virtual Adoption in Florida
Virtual adoption is not defined under the Florida Statutes. There was a recent Florida Bar article entitled Virtual Adoption: Not Just for Netizens written by Brian R. Dolan and Joel M. Commerford.
The Fifth District Court of Appeal listed the following elements which are necessary to establish a virtual adoption:
1. An agreement [to adopt] between the natural and adoptive parents;
2. Performance by the natural parent[s] of the child in giving up custody;
When to review your Florida Estate Plan.
Many of my Jacksonville Estate Planning clients ask me when and how often they should review their Florida Estate Plan. I like to recommend that people take a look at their situation on a yearly basis and if they notice any of the following, they should make an appointment with their Florida Estate Planning Lawyer.
1. Change or contemplation of change in Marital status;
2. Death of spouse;
3. You or your spouses’ health changes;
Trust Mill Fined 6.4 Million in Ohio
American Family Prepaid Legal Corporation and Heritage Marketing, their officers and employees have been bared from the practice of law for in over 3800 acts by participating in an illegal Trust Mill.
The firms sent direct mail ads to Ohio residents over the age of 65containing exaggerated claims regarding the costs and complications of disposing of their assets through a will. Then those that responded were targeted with high-pressure in-home presentations in which American Family’s non-attorney sales representatives provided them with legal advice including inflated “estimates” of the costs of probating their estates and the purported savings the customer would realize by purchasing American Family’s standardized living trust document – regardless of the size or composition of that individual’s estate or his/her existing estate planning documents.
We see these all the time and its important to remember that not everyone needs a trust nor is a trust the best solution for everyone. Its important to discuss you specific circumstances and objectives with an Jacksonville Florida Estate Planning Lawyer to determine what is the best procedure for you and your family.
Estate Planning & Trust Administration with Genetic Material
As the use of genetic material becomes more accepted, the issue of what and how to deal with it has begun to be an important part of estate and trust planning and administration. Not only could this change distributions or dilute inheritance, but without guidelines or requirements for the disposition of genetic materials, there could be a conflict between the legal requirements of a trustee and what is ethically permissible as well as legal at the time of your death. The Wills, Trust & Estate Professors Blog has an article that references Jerry Coopers’s article on Trust Administrators Tool-Up for Custody and Care of Client’s Genetic Property.
When not to us a Living Trust in Florida
Florida Revocable Trust‘s are often used to avoid problems. The North Carolina Estate Planning Blog has an interesting article on when you should not use a Living Trust.
1. You want the court to dictate how your estate is handled.
2. You favor supporting the government, so you like the idea of your estate paying thousands of dollars in court fees.
3. You believe testamentary dispositions and lists of assets should be public record.