There’s never a wrong time to start thinking about wills, trusts, and the kind of legacy you want to leave behind. If tax season has you reevaluating your financial situation, or you simply want to ensure that you’re doing as much as you can for the people you love, now is a great opportunity to […]
I am scheduled to be part of a panel presenting at the Kim C. Hammond Justice Center in the 1st floor jury assembly room, 1769 E. Moody Blvd., Building #1, Bunnell, FL on Wednesday, April 26th from 5:00 p.m. to 7:00 p.m. to educate the public about probate and estate planning.
A client says, “I want to leave everything to my daughter when I die, no strings attached. Oh, and if she dies, gets divorced or gets sued, I want it protected.” The client does not realize the request is contradictory. Unless specific language is added to a will or trust holding the assets in trust […]
Many people have the misconception that a will avoids probate. This is incorrect. Probate is a court process that is required when a person dies owning assets in the decedent’s own name, and with no beneficiaries to receive the assets. It can be required if the deceased person left a will, and it can be […]
When someone dies, there are numerous tasks that must be completed, which can sometimes be a burden on family members during such a difficult time. A person can be proactive by planning andpaying for his/her final arrangements while still alive. This reduces the burden on family members,and assures that your wishes are carried out. After […]
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 […]
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 […]
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 […]
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 […]
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 […]
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