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Articles Posted in Legislative Updates

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Guardianship proceedings – learn the facts and the Florida laws

In November 2021, after Britney Spears’ father, Jamie Spears, was suspended as conservator of his daughter’s conservatorship, a judge finally ruled to end the conservatorship. This decision signaled the end for the restrictive supervision that had been in place since 2008. Back in June 2021, Britney Spears made headlines as…

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Tax planning, Estate planning, Trust documents – Be proactive now and do not regret indecisiveness in 2021

Bernie’s “For the 99.5% Act”: Is It Time to Start Thinking about Tax Planning? For the year 2021, each individual has $11,700,000.00 of estate tax credit (or $23,400,000.00 for married couples), otherwise known as the “applicable exclusion amount.” For estates that exceed the applicable exclusion amount, the tax rate is…

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President Biden’s potential move on Estate Tax – What you need to know now

2021 Biden Administration Proposed Tax Changes: Will My Estate Be Subject to Estate Tax? Over the course of the last several decades, the federal estate tax credit has increased to the point that only very high net-worth individuals and families need to concern themselves with estate tax planning. For the…

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Part 2: The Secure Act – Look at your trust, your beneficiaries, and get it reviewed

Do I Need to Amend My Trust Because of the Secure Act? Last month, in our last blog, we addressed the basics of the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act’) and how retirement plan beneficiary designations will be impacted for individuals who die…

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Part 1 – The Secure Act (the rules changed very recently for beneficiaries)

The Secure Act: Retirement Accounts and Your Estate Plan Beginning on December 20, 2019, the Secure Act substantially changed the rules for designated beneficiaries of retirement plans, with wide raging implications for estate planning. The old rule used to be that upon the death of a retirement account owner, the…

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The Florida Digital Assets Act

Understanding Fiduciary Access to Digital Assets Under Florida Fiduciary Access to Digital Assets Act Social networking, e-mail, and digital platforms are here to stay; unfortunately, we are not. Internet users must plan for the management and disposition of their assets in similar ways that they make plans for tangible property.…

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Home health care owners and operators, be smart

Do you own a home health care agency or nurse registry? Safeguard your referral sources through a non-compete agreement and enforce it! The home health care industry generally includes businesses that provide skilled nursing, physical therapy, and other health-related services to homebound patients.  If you run a home care company,…

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Recent Florida Supreme Court case law update – Hess v. Patrick

Great news for Creditors! Up to 20 years to enforce a domesticated foreign judgment Over 30 years ago, Florida enacted the Florida Enforcement of Foreign Judgments Act (FEFJA) providing a simplified procedure for domesticating foreign judgments.  In other words, FEFJA allows a judgment from any other US state or the…

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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…

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Probate Court and Family Court collide

Florida Appeals Court Comes Down Against 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…

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