Clearwater, Florida Estate Planning Blog
Qualified Beneficiaries Are Entitled To Trust Accountings…Who Are They?
In Dunley v. Dunley, a beneficiary of a trust challenged an order that he was not entitled to a trust accounting. James and Alice were married and had 2 children, Edward and Samuel. James created a trust in 1984 (the "Trust") and he was the sole trustee. Alice...
Carefully Read the Florida Constitution Before Contesting Homestead Status!
In re Rolle, a bankruptcy judge decided that, even though the owner husband was not living at the homestead, the homestead was still protected from his creditors. In 2013 prior to their marriage, Rolle (the "Debtor") and Wife purchased a home (the "Homestead") in Lee...
Regular screening and monitoring is essential during pregnancy
Your pregnancy should be a time of joy and excitement as you look forward to the addition of a new little life to your family. One of the most important things you can do during this time is to receive regular medical care provided by a qualified Oregon doctor or...
Practical steps to effective planning for the future
There is no one-size-fits-all estate plan, and the thought of making decisions regarding what will happen when you pass could be intimidating, causing you to delay your estate planning efforts. In reality, every Florida adult could benefit from an estate plan,...
Do you really need an estate plan?
Planning for the future can be a difficult and complex task. Many people avoid it simply because they do not want to consider what will happen after they pass away. While considering your own mortality can be a difficult thing to address, it is in your interests and...
Exemption of IRAs from Creditors Means EXEMPT… or Does It?
Araguel v. Bryan illustrates the intersection of guardianship law, individual retirement accounts ("IRAs") and payment of guardianship expenses from the incapacitated individual's (the "ward") IRA after the ward's death. In October of 2019, Patrick and Leslie,...
Good News for Procrastinators Making the Portability Election
In 2010 Congress enacted legislation which provides for the portability of a decedent's spouse unused exclusion amount ("DSUEA). For example, if Bob dies with 12 million in unused exclusion amount (equivalent to 4.8 million in estate tax savings), his surviving spouse...
It can harm your family if you die without a will
There are many reasons why you may be reluctant to begin the estate planning process. You may not want to consider your own mortality, or you may not believe that you have enough wealth to justify the effort. In reality, estate planning is beneficial for everyone,...
Have you made mistakes with your estate plan?
Planning for the future can be an emotionally challenging process as it requires one to consider his or her own mortality and what will happen to personal property after passing. When you created your estate plan, you likely make your decisions based on what seemed...
The Florida Homestead Chameleon Strikes Again
As many know, Florida homestead is a difficult concept as there are several aspects of Florida homestead... creditor protection, tax exemptions, save our home cap, and restrictions on devise if survived by a spouse and/or minor children. In the recent case of Feldman...