Clearwater, Florida Estate Planning Blog
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...
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...