Elder Abuse and Undue Influence Awareness Did you commemorate World Elder Abuse Awareness Day? June 15, 2017 marked the twelfth annual World Elder Abuse Awareness Day, or WEAAD. Elder abuse, especially elder financial exploitation, has been called the crime of the 21st century. However, based on national surveys, elder abuse…
Articles Posted in Estate Administration
Your estate and assets, make sure you know what actually counts for your beneficiaries under Florida laws
Ademption: When devises are actually not part of the estate Many unexpected things can happen in the period between the execution of a will and the death. For example, a decedent may devise the family house in Key West to her granddaughter. Several years after executing the will, the decedent…
Taxes and gifting, estate planning makes a huge difference
Estate Planning: Income Tax Strategies Law firms have had to take a spike in income tax rates, a decline in the estate tax rate, and an increasing annual estate tax exemption threshold into account in devising estate planning strategies. There has been a decreasing gap between the income tax…
Pooch and kitty cat, life’s best friends! Estate planning for pets
Pet Estate Planning Leaving millions of dollars in a will for a pet seems ludicrous. For example, Leona Helmsley’s will made her pet, Trouble, the richest dog in the world—she bequeathed the Maltese twelve million dollars while leaving most of her family members with nothing. But pet estate planning is…
Use of Homestead Property and the impact on estate administration
The importance of a Semicolon – Does property partially used as primary residence and partially for business purposes qualify as Homestead? Does property partially used as primary residence and partially for business purposes qualify as homestead under Article X, Section 4 of the Florida Constitution? Surprisingly, the answer apparently rests…
Homestead sale profits in Florida, a recent court decision
Is Investing Homestead Sale Proceeds Okay? Florida Constitution provides protection from forced sale to homestead property from most creditors. Art. X, § 4, Fla. Const. The protection covers not only the physical homestead property but also the proceeds from the sale of the homestead, provided the proceeds are reinvested in…
Same Sex surviving spouses, a recent Florida law change
Florida same-sex surviving spouses may be added on a death certificate without a court order In 2015, the United States Supreme Court issued its pioneering decision in Obergefell v. Hodges, 135 S. Ct. 2584 (2015), holding state laws prohibiting or refusing to recognize same-sex marriages unconstitutional. After Obergefell, Florida started…
Homestead protection in Florida
Is Investing Homestead Sale Proceeds Okay? Florida Constitution provides protection from forced sale to homestead property from most creditors. Art. X, § 4, Fla. Const. The protection covers not only the physical homestead property but also the proceeds from the sale of the homestead, provided the proceeds are reinvested in…
Divorced?, Now Single?, New Marriage? Your written estate plan must reflect your desired intentions for beneficiaries
What Effect Does Divorce or Remarriage Have On Your Estate Plan Anytime there is a major life change, whether it is the birth of a child, marriage, or divorce, your estate plan should evolve as your life evolves. But do any of these events result in automatic changes to your…
A decedent dies but has unpaid child support – What happens legally?
Florida Appeals Court Strikes Down Probate Creditor Claims From Child For Child Support Arrearages On May 11, 2016, the Fourth District Court of Appeal issued its decision in Davis v. Hengen regarding creditor claims for child support arrearages against a decedent’s estate, when the decedent dies with unpaid child support…