Asset Protection Trusts

Fri, Aug 23, 2024

People often think that placing their assets into a trust for their own benefit in Florida makes the assets inaccessible to creditors, taxing authorities and nursing homes, but that is not true. A self-settled trust in Florida, whether revocable or irrevocable, does not remove the assets from access by one’s creditors, Medicaid qualification rules or […]

Reverse Mortgages

Fri, Aug 23, 2024

A reverse mortgage is a special type of home loan that lets you convert equity in your home into cash. Equity is the value of your property minus the debt on your home. For example, a home worth $100,000, with no mortgage, has equity of $100,000. A home worth $100,000, with a $75,000 mortgage, has […]

How Does Divorce Effect Your Estate Plan

Fri, Aug 23, 2024

Upon divorce, a marital settlement agreement states how joint assets shall be distributed. However, in the event of death prior to changing the beneficiary designation, it is important to know how assetswill be distributed. Prior to 2012, absent a marital settlement agreement specifying a beneficiary of the asset, the courts only had to look at […]

Adding Names to Assets

Fri, Aug 23, 2024

People frequently want to transfer all or part of their accounts or real estate to their children, relatives, or others. Generally, they wish to plan for Medicaid benefits, avoid probate, or avoid taxes.Often, such transfers are mistakes. We frequently hear from people who want to reverse a transfer, only to find out it is not […]

Land Trusts

Fri, Aug 23, 2024

Sometimes people wish to own homes in untraditional ways. Adult children might wish to buy a home for their parents to live in. Unmarried adults may own a home together. Married couples with children from prior marriages may want to assure each other as to what will happen to a home on death. Handling these […]

Advance Fee Schemes

Fri, Aug 23, 2024

As I wrote in a recent article, I recently gave a talk regarding “Scams, Shams and Flimflams”. As I was preparing for the talk, I came across a great number of government and non-government web sites providing information on these matters. This information came from the FBI’s site, “Common Fraud Schemes” http://www.fbi.gov/scams-safety/fraud/fraud#advfee The FBI site […]

Avoiding Costly Legal Battles with Powers of Attorney

Fri, Aug 23, 2024

On March 29, 2015, a DeLand man fell, hitting his head on the concrete, after climbing down from his attic. He has been in a coma since the accident. Now, the family is battling in court over his right to die and his right to stay alive by artificial means. We presume that he did […]

Upcoming Presentations at City Island Library

Fri, Aug 23, 2024

I am scheduled to make presentations at the Volusia County Public Library at City Island to educate the public about important legal issues and other interesting matters. The public is invited to attend. Wednesday, March 30th – 10 A.M. – Financial Planning for Long-Term Care In the long-term care presentation, we discuss how to pay […]

Lessons to Learn From Prince’s Lack of Estate Planning

Fri, Aug 23, 2024

As most know by now, Prince died on April 21, 2016. According to news reports, Prince did not leave a will or trust. Therefore, the law of the state where he died will determine who receives his assets. According to Forbes.com, “Under Minnesota law, when someone dies without a will, and with no spouse, children […]

What Assets Are Subject to Probate?

Fri, Aug 23, 2024

When one dies their Last Will and Testament is presented to the Court and the appointed personal representative must obtain Court authorization to distribute those assets held in one’s name alone, that do not have designated beneficiaries, in accordance therewith. The procedure is referred to as “Probate.” One’s Last Will and Testament does not control […]

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1655 North Clyde Morris Blvd., Suite 1
Daytona Beach, FL 32117
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