Clearwater, Florida Estate Planning Blog
Making a long probate even longer
In Florida, as in other states, the probate process can be unpredictable. Even if the estate involved is relatively small with only one or two heirs, those heirs can expect to wait six months to a year before the process ends. If you have recently lost a loved one and...
What can I expect during probate?
Following a loved one’s death, you may be dealing with many complex and confusing events. Certainly, you will have to face the funeral or memorial service, and you may be supporting and consoling grieving relatives and friends. Eventually, however, you will have to...
A will may not be enough for your estate
If you are preparing your estate plan, you want it to be as complete and thorough as possible. Perhaps you have heard that mistakes and omissions in an estate plan can result in confusion and conflict during probate, and you want to be certain to minimize the chances...
To Fund or Not to Fund… Who Is Responsible?
In a recent case, Ellerson v. Brendon F. Moriarty and the Moriarty Law Firm, an appellate court determined that it was an error to dismiss a beneficiary's complaint against an attorney who drafted a trust amendment but did not fund the trust with an asset that would...
Should your trust be revocable or irrevocable?
You may already understand that, in your circumstances, a will is not sufficient to meet your estate planning goals. In this case, you may be examining the practicality of including a trust alongside your will. Basically, a trust will hold ownership of any assets you...
Probate answers questions your loved one leaves behind
After someone dies, there are many steps loved ones must take before they can move on with their lives. Naturally, this includes making plans for a funeral or memorial, and it certainly involves taking time for the grieving process. However, one part of closing one...
When Does 75% plus 25% NOT Equal 100%… When the Tax Court Rules!
In the recent case of Estate of Miriam Ward v. Commissioner, T.C. Memo. 2021-017 (Feb.18,2021), the Tax Court ruled that a charitable deduction to charities was valued at a discount even though 100% of the charitable amount was given to charities. Thomas ("Tom") and...
Which Controls? The Partnership Agreement or the Will?
In Finlaw v. Finlaw, the court determined that a provision for disposition of a partnership interest overrode the terms of a decedent's Last Will and Testament. The decedent, Twila, together with her husband and the Palmers, entered into a partnership agreement (the...
Single people should not overlook estate planning
Recent world events have prompted more and more people to do the responsible thing and make plans for their estates. Parents who realize that if they die without a will, their children may struggle with an uncertain future, and they are taking the time to make those...
Change is Coming…Beware and Plan for it!
On March 25, 2021, Senator Bernie Sanders and Whitehouse proposed a bill (the "Sanders Bill") which would drastically change the estate and gift tax. Of course, the Sanders Bill is only a proposal, but this Sanders Bill should be considered in your 2021 planning....