Overcoming Estate Planning Excuses

Maria has a small child, a daughter named Alyssa. Lionel is an unmarried business owner. Simon is a college student with few possessions or debts. They all have something in common: they don’t have estate plans. In fact, when asked why they don’t have Wills, they all engage in the same estate planning excuses. They don’t know, yet, that there are ways to overcome those excuses. Excuse #1: I don’t like to talk about Read More

Should I Sign a Living Will?

Brian finally decided to sign a Will. As he chatted with his estate planning attorney, they discussed other documents that typically make up a complete estate plan: a durable power of attorney and health care power of attorney or health care surrogate designation. They also discussed optional documents, like the Living Will. Brian was left wondering, though, why he would need to sign a living Will if he had already Read More

Electronic Wills Revisited

In a previous blog, we discussed Florida’s electronic wills law. Though passed by the legislature, it was vetoed by Governor Scott. At the time, Nevada was the only state that permitted Wills to be in electronic form. Some important changes have happened since the previous blog article was published. First, let’s look at why Governor Scott vetoed the previous bill. Reasons for the Veto Governor Scott’s biggest Read More

Disadvantages of Using an Irrevocable Trust

Maura was puzzled. She and her husband were finally thinking of putting together an estate plan. They had done some online research and stumbled across articles about irrevocable and revocable trusts. The irrevocable trust seemed to offer the kind of asset protection they wanted. However, she knew there had to be disadvantages to using any estate planning tool. What is an irrevocable trust? Every trust has at least Read More

Will Creditor Claims on Property Upset My Estate Plans?

Dan D. owned several businesses, including some with high potential liability. For example, his roller skating rink had been sued several times. His boat tours of the coast were enjoyable, but there was always the possibility of property damage, injury or even death. Some of his other business concerns carried fairly high levels of debt. In fact, any time someone owns property or a business, there is the potential Read More

Best Places to Establish a Domestic Asset Protection Trust

You may wish to protect your property from divorces, civil judgments, and creditors. One possible way to accomplish this is to use a Domestic Asset Protection Trust. However, only a handful of states allow this type of trust, and their laws vary. It’s important to research the best places to establish a Domestic Asset Protection Trust before setting one up. Domestic Asset Protection Trust Trusts are sometimes used Read More

Techniques for Keeping Your Probate Estate Small

Probate – it seems like something most people want to avoid or minimize at the very least. However, a decedent’s property must pass through probate to heirs and beneficiaries, right? Not always. There are techniques for keeping your probate estate small that may help your heirs get their inheritance more quickly and pay less in expenses. An important goal, then, may be to keep Assets OUT of Your Estate. But Read More

How to Choose the Right Trust

Estate plans should include a Last Will and Testament, a durable power of attorney, and a medical power of attorney. Some people also prepare other documents, like a Living Will or a trust. But, when you start working on your estate plan, how will you know which trust is right for you? Consider Your Goals People who set out to develop an estate plan usually have goals in mind. Take some time to think about what you Read More

Estate Planning for the Single Adult

Esther shrugged as she read the headline, 4 Common Estate Planning Errors and How to Avoid Them. She didn’t bother to read the article. Esther thinks because she is young, single with no kids and a modest bank balance that she does not need an estate plan. Esther is wrong. Even single adults – young or not-so-young – need to do their estate planning. A Simple Will. Most adults own something – a car, furniture and Read More

How to Title Florida Real Estate

Property ownership can take several forms. How the property is titled may affect the way in which the property is used or passed to a new owner. The concepts discussed below are general in nature and may be otherwise affected by statutory and Constitutional restrictions if the subject property is Florida homestead property. Read on to learn more about how to title Florida real estate. Fee Simple This term means Read More