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Articles Posted in Estate Administration

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Estate planning helps to preserve the rights of our elders or special needs persons and addresses guardianship head on

Guardianship – What is it? Answer: A court intervention to safeguard the property and personal care of an individual unable to make such decisions themselves. A person under guardianship becomes a ward of the court.  State law establishes the process for determining an adult’s need for guardianship, which involves a…

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Charitable trusts help to reduce estate taxes, learn more

FLORIDA CHARITABLE TRUSTS: ALTERNATIVE BENEFICIARIES AND CY PRES DOCTRINE Due to applicable tax exemptions and tax deductions, charitable trusts are a great tool for preserving the value of your property intended for charitable purposes and for reducing taxes payable by your remaining estate (intended for purposes other than charitable ones).…

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Florida Supreme Court brings clarity to Attorney-Fiduciary privilege (different from the attorney-client privilege)

FLORIDA SUPREME COURT ADOPTS “ATTORNEY-FIDUCIARY PRIVILEGE” RULE The attorney-client privilege is one of the oldest legal concepts and the backbone of providing effective legal services.  It keeps the communication between an attorney and her client secret and protects it from disclosure, with some exceptions, even when other rules compel disclosure.…

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Bitcoin, crypto, blockchain, tokenpots, coin plus, ether pay and Estate planning in 2018

ESTATE PLANNING: CRYPTO CURRENCIES AND DIGITAL ASSETS Although we all unquestionably live in a digital age at least for the past two decades and the legislatures are adopting new laws every day to reflect this reality, digital estate planning remains one of the areas where relying on state-made laws might…

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Proactive Wills

Legal Capacity and Estate Planning – How to Safeguard a Will from Future Litigation or Contests When a loved one grows older, ages and declines, their caretakers’ ever growing to-do list can become overwhelming. After dealing with the basic, everyday needs of an aging family member, it may sometimes be…

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The power of giving and altruism in estate planning

FLORIDA CHARITABLE TRUSTS: ALTERNATIVE BENEFICIARIES AND CY PRES DOCTRINE Due to applicable tax exemptions and tax deductions, Charitable trusts are a great tool for preserving the value of your property intended for charitable purposes and for reducing taxes payable by your remaining estate (intended for purposes other than charitable ones).…

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Arbitration and Estate Planning – Decisions made final

WILLS, TRUSTS, and ARBITRATION AGREEMENTS In previous blog posts, we have shown how wills and trusts are favored vehicles when protecting someone’s assets. Perhaps one of the purposes of a well-drafted will or trust is to avoid hearing the judge’s gavel when knowing who gets what part of the inheritance.…

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As a business owner, react or act – probate court expenses

What is Probate? Probate is a process, which the court supervises, for settling a deceased person’s estate.  The process involves identifying assets belonging to the estate, paying the decedent’s debt, and distributing the remainder of the assets to the decedent’s beneficiaries.  Costs for the probate proceeding have first priority for…

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Elder financial exploitation, Trust litigation and Undue influence

What is elder financial exploitation? The Florida Department of Elder Affairs defines elder financial exploitation as “the illegal or improper use of another individual’s resources for personal profit or gain.”  This exploitation takes on many forms involving deception and/or coercion, including the improper use of a power of attorney. What…

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Voluntary and Involuntary transfers of a beneficiary’s interest(s)

IRREVOCABLE SPENDTHRIFT TRUSTS   Trusts are popular estate planning instruments that may bring many benefits both during lifetime and in the case of death. Some common reasons for setting up a trust include the avoidance of costs and time consumption of probate proceedings, property management for those who cannot or…

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