Clearwater, Florida Estate Planning Blog
What is probate, and when is it necessary?
End of life planning is a challenging topic for anyone going through it. However, it is necessary for both the individual reaching that stage if they want to protect their assets and make their wishes known. This planning involves making decisions about what to do...
Important estate planning details to discuss with loved ones
It is not easy to talk about the subject of death with a family member. It is difficult to consider one’s own mortality, and it can be even more difficult to discuss another person’s passing while he or she is still alive. However uncomfortable these conversations can...
Who should be the executor of your estate?
When planning for your future legal and financial needs, you must consider details that include what should happen to your personal property, as well as what types of medical care you may want in case of your incapacitation. You should also consider who you want to...
The estate planning mistakes that could cost you and your loved ones
Planning for the future is a complex and often difficult task that requires one to consider his or her own mortality. This is not an easy thing to navigate, and it can be daunting to think about what will happen to your personal property after your passing, or what...
Is That Joint Bank Account Really “Convenient”?
Larkins v. Mendez illustrates how a bank account titled in joint names with right of survivorship ("JTWROS") between a decedent and his child may NOT be distributed to the surviving child, if the decedent named the joint owner merely for convenience. If established as...
Do you own property or have a family? You need an estate plan.
While there is no way to know what will happen in the coming years, there are steps you can take to ensure you have the final say over certain matters. By creating a comprehensive legal and financial strategy that will protect your interests, you can create a plan...
The Murky Waters- Lifetime Waiver by a Surviving Spouse of Their Homestead Right at Death
A recent case, Thayer v. Jefferson, illustrates how a surviving spouse can waive their homestead right under the Florida Constitution during their lifetime. As has been discussed in prior blogs, there are 3 aspects of Florida homestead. First, the homestead real...
Be Careful Transferring Rental Real Estate To an LLC…
Many advisors advise their clients to transfer rental real estate to an LLC for asset protection. However, a recent case illustrates how such a transfer may surprise the client. In S and A Property Investment Services, LLC v. Pedro Garcia et a (Miami-Dad)County...
Who should be the executor of your estate?
One of the purposes of having an estate plan is ensuring that you have control over what happens to your property and assets in the future. As the owner of a Florida estate, you have the right to have the final say over certain matters. One of the most important...
Could your family benefit from a special needs trust?
When planning for the future, it is critical to consider what will happen with your estate and assets after your passing. If you are the parent of a special needs family member, or you have a loved one who is not able to care for himself or herself, you may need to...