Your Client Has Been Named Trustee; Does He Really Need An Estate Attorney?

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Your Client Has Been Named Trustee; Does He Really Need An Estate Attorney?

Perhaps it was a total coincidence that our services were terminated a day after our client met with his financial advisor; it is difficult for me to believe that a client would have been given advice from another professional that is likely to save him a few hundred dollars now, but cost him thousands later. A financial advisor’s practice is built upon their ability to guide their clients in making the most of their wealth. My practice is built upon ...

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Trustees

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Can an RV or boat qualify as homestead under Florida law?

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The answer is an unequivocal, “maybe.”

It is completely fact-based, depending on the circumstances of that particular RV or boat. The relevant terms in the Florida Constitution include “dwelling house” used as a “residence.”

How can I prove that my RV is my homestead?

The process for getting an RV deemed to be taxed as real property instead of tangible personal property is very well-structured. The owner has to apply for homestead in the county in which the owner lives in the RV ...

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Asset Protection

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Preparing for the Next Hurricane Irma

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Preparing for the Next Hurricane Irma

Houston under water.  Puerto Rico destroyed. Central Florida battered.  Natural disasters such as Hurricane Irma can be a sobering experience. Many clients and friends walked away from their Florida homes, prepared to lose everything. Most of us in Central Florida were very lucky and have our power back. The grocery store aisles are almost full again. The curbs still are littered with tree branches and other debris,  a reminder that things aren’t entirely back to normal.

Hurricane season isn’t over.  ...

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Digital Assets, Young Adults

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The Florida Electronic Wills Act

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The Florida Electronic Wills Act

It’s wonderful to live in the 21st century, where Amazon orders often arrive less than 24 hours after being placed, even on Sundays. Movies are on demand, and the internet allows us to manage banking and all else without ever needing to leave the house. And when I do leave the house, I wonder how I ever found my way to an appointment without my phone’s routing.

And now, with the Florida Electronic Wills Act, Senate Bill 206, (currently tabled and ...

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Estate Planning, Last Will and Testament

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Celebrate Mom by Talking with Her about Her Future

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Celebrate Mom by Talking with Her about Her Future

Mother’s Day is approaching.  How are you planning to celebrate Mom this year?

Flowers always are a safe bet. Perhaps you and your siblings could create a photo album enjoying years of gatherings.  Maybe you could take your whole family out to brunch, or have a spa day with her.

Best yet, offer Mom the most meaningful gift of all – two conversations about her future.  First, what plans does she have for herself?  Second, what role does she foresee ...

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Aging Parents, End of Life Planning, Estate Planning

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Five Clues That it’s Time to Update Your Estate Plan

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Five Clues That it’s Time to Update Your Estate Plan

Creating an estate plan is often an emotional exercise. For some individuals, engaging in thoughtful decision making regarding the orderly distribution of one’s assets provides a sense of peace, satisfaction, and even pride. For others, the experience may be daunting as they come face-to-face with their own sense of mortality. In either situation, once the documents have been signed, clients tend to settle in with a sigh of relief, dust off their hands, and view their estate plan as ...

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Digital Assets, Estate Planning, HIPAA

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Your Funeral Wishes – Your Way

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Your Funeral Wishes – Your Way

You may already have estate planning documents to ensure that your worldly possessions are passed on in a manner consistent with your values and traditions. But have you thought about planning ahead to spare your loved ones from the painful task of making decisions regarding your funeral arrangements – while they are grieving?

Do you have specific ideas about how you would want your life celebrated?  We encourage our clients to think through all the options. For example, ...

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End of Life Planning, Funeral Arrangements

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The Presidential Candidates – The Federal Estate Tax and the Capital Gains Income Tax

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The Presidential Candidates – The Federal Estate Tax and the Capital Gains Income Tax

Tonight, we should know who will be our next president.  While Congress passes tax legislation, the president shapes policy. What plans does Donald Trump have for the estate tax versus Hillary Clinton? How do the plans differ compared to the current rules?

Estate Tax Now

The estate tax is one of three federal transfer taxes – an excise tax, separate from and in addition to the income tax – levied on the privilege of transferring wealth.  If you transfer wealth during your ...

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Estate Tax

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6-Step Estate Planning Checklist

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As we enter the final quarter of 2016, we like to remind our clients, friends, and professional associates to pause and reflect on their goals (whether for themselves or for their clients) for the coming year.  To facilitate that process, we have prioritized a checklist summarizing what we consider to be “Six Very Important Action Items.”

One of the most critical steps in the estate planning process is to properly fund ...

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Estate Planning

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Greed or Passive Opportunism? Financial Exploitation of the Elderly an Unfortunate Reality

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Greed or Passive Opportunism? Financial Exploitation of the Elderly an Unfortunate Reality

From where I sit, it’s not uncommon to find myself with a front row seat peering into the darker side of humanity. It’s hard to imagine anything more heartbreaking than litigating a probate case involving the apparent financial exploitation of an elderly citizen with dementia.

But the sad reality is that instances of financial exploitation of the elderly are actually on the rise throughout our country.  Some elder law professionals speculate that the increase is due to a combination of factors, ...

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Elder Abuse, Probate, Undue Influence

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