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Florida Probate Litigation Lawyer Blog

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Prince, George Michael and Carrie Fisher; Estate Planning 101, what are we learning?

MORE MONEY, MORE PROBLEMS? 6 DO’S AND DONT’S OF ESTATE PLANNING AND INTELLECTUAL PROPERTY At the end of last year it seemed as if every day there was a new report of a celebrity dying unexpectedly. As fans around the world mourned the death of some of Hollywood’s most iconic…

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Do you know an elderly neighbor who is being abused? Get help.

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…

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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…

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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…

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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…

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Capacity and Wills: How to avoid litigation from family members, beneficiaries and creditors

Legal Capacity and Estate Planning- How to Help Safeguard a Will from Future Litigation When a loved one grows older, 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 easy to overlook the fact…

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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…

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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…

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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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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…

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