Same-sex marriage has been a hotly debated topic lately, especially because the United States Supreme Court recently ruled on the subject in two separate cases. Because same-sex marriage is not allowed in a majority of states or under federal law, same-sex couples were until recently deprived of many of the…
Floridians are unable to contest the validity of a will before the testator’s death. See Fla. Stat. § 732.518. There are several good reasons for this rule, and a majority of states prohibit such litigation. The primary reason for not allowing pre-death will contests is that a will is revocable-the…
Estate planning for married couples offers many advantages. Married couples are able to file a joint Federal Income Tax return which can lead to an overall savings. There is also a Federal Estate and Gift Tax marital deduction for passing property to a surviving spouse. This deduction allows the transfer…
On February 26, 2013, Lorraine Bayless collapsed in the dining room of Glenwood Gardens, the independent living facility in California where she resided. The staff refused to perform CPR on Ms. Bayless, despite pleas from the 911 operator. As the 911 operator predicted would happen when a nurse on duty…
Probating a will can be an expensive process when the procedure involves contentious matters, such as will contests, determination of beneficiaries, etc. However, who bears the potentially great cost of such litigation? Does the estate have to pay? Is the estate always responsible for paying the attorney’s fees? Who decides…
When someone passes away and there is probate property, there is always the possibility of a lawsuit. When beneficiaries do not agree on the distribution of the decedent’s property, litigation ensues. Probate disputes are inherently unique: they are wrapped in a shroud of emotion; the issues are complex; the parties…
All states have their own constitutions and state laws. Because of this, states may have different provisions for how people are allowed to pass on their property at death. It is important to be aware of the laws of the state where you live, and also any states where you…
The IRS released a 1.2% interest rate under IRC § 7520 for June, which determines the present value of an annuity, an interest for life or term of years, or a remainder or reversionary interest. Rev. Rul. 2013-12 tbl. 5. With interests rates at an all-time low, charitable donors are…
In addition to Florida’s strict two-year rule discussed last week in Part 1 of this blog post, there may also be shorter time periods to bring a claim depending on the type of creditor and the nature of the claim. Whereas Section 733.710 is a jurisdictional statute of nonclaim, Section…
June 25, 2013 will mark the four-year anniversary of the untimely demise of the man affectionately referred to by the masses as the King of Pop: Michael Joseph Jackson. Despite suffering from an infirmity that has ended the professional pursuits of actors, entertainers, and businessmen alike (Death!), Forbes Magazine reported…