Clearwater, Florida Estate Planning Blog
Settling a Probate Claim? READ the Documents Supporting the Claim!
The recent case of Millini v. Paulucci reminds us that simple mathematical calculations may not correct if you do not read the document on which you are basing the calculations. Incorrect calculations can lead to the dreaded word for any attorney... malpractice......
Prenuptial Agreement Means What It States….
In Baldwin v. Harris, a surviving spouse, was successful in the interpretation of language in a prenuptial agreement. Prior to Letetia ("Wife") marrying Henry ("Husband"), they entered into a prenuptial agreement, which contained a provision stating that, if wife...
Recent Case Clarifies No TBE Protection for TBE Asset Transferred to a Joint Trust
In the recent bankruptcy case, In Re Gregory Todd Givans, the bankruptcy court confirmed that real estate held by a married couple as Tenants by the Entireties ("TBE") loses such protection as TBE when such real estate is transferred to a joint trust. Generally, under...
5 easy steps to begin your estate plan
Your decision to make an estate plan may have come following the death of a loved one or after hearing someone talk about the frustration of dealing with a parent’s estate with no will left behind. Along with the grief of losing a loved one, family members are often...
A designated health care surrogate stands up for your wishes
For many people, the thought of estate planning is difficult enough. Thinking about what will happen to their families and their possessions after they die can be overwhelming, which is why so many put off this critical task until it is too late. However, what may be...
Is it possible to minimize the impact of estate taxes?
When planning your estate, you probably have questions about how best to provide for your family. Can you limit the time and costs of the probate process? How can you limit the impact that taxes have on your estate? Florida, unlike many other states, does not charge...
Mediation… Is it Final or Not?
Posted at 13:42h in Mediation by Linda Griffin Many times after an individual dies, the children of the decedent do not get along even though the children have assured the attorney that “they would never do that”… Such is the subject of numerous probate and trust...
Estate Planning Issues for the Family Lawyer
Every family lawyer must have some knowledge of estate planning issues as you are advising your clients through dissolution of a marriage. Even something as simple as documenting in your file that you have advised the clients that they should consult an estate...
Navigating the Minefield of Settlements: A Primer on Tax Issues for the Probate and Trust Litigator
In these economic times, probate and trust litigators have a growing practice. Litigation results not only from clients who are more knowledgeable in pursuing their rights, but also from the proliferation and increasing complexity of trust documents, together with the...
The Lottery: A Practical Discussion on Advising the Lottery Winner
As lottery winners are becoming more common in Florida, their advisors should understand the particular income, gift, and estate tax issues relevant to lottery winners. A practical difference between planning for a lottery winner and other planning is that generally...