Category Archives: Estate Planning
What is a Default Judgment in Divorce Cases?
The plaintiff spouse decides to move forward with the divorce. He files the complaint, financial statement and writ of summons with the family law court. Sixty days go by, and no answer is received from the defendant spouse. The plaintiff served the divorce papers via a private process server, so there is no dispute… Read More »
What are the Benefits of Creating a Charitable Remainder Trust?
Many philanthropists and volunteers give their time, resources, and money each year to various charitable organizations. As many people know, charitable donations to nonprofits, religious organizations and health nonprofits like St. Jude’s during the previous calendar year are not taxed. In fact, people are able to claim charitable donations as a tax deduction in… Read More »
Gifting Assets for Minor Children & Grandchildren
There are many situations where it may be wise to give assets to minor children without interference from other family members, adults, or creditors. For example, you or your adult children may be going through a divorce or anticipating a family division, and are concerned about providing for your children. Maybe you are making… Read More »
SB 1070: Potential Updates to Estate & Probate Law in Florida
What is SB 1070? Senate Bill 1070 adds detail to the status of a will and estate after a marriage is dissolved due to divorce. It amends previous language of the Uniform Directed Trust Act. Prior law indicated that a testator’s will provisions affecting the testator’s spouse are void when the divorce or annulment… Read More »
Disability Trusts & ABLE Savings
Are you or a loved one concerned about a disabled family member’s well being after you pass on? Are you concerned your disabled loved one will be unable to care for themselves or manage finances, or that an irrevocable trust doesn’t meet their needs? Last year, the Florida Legislature passed a bill designed to… Read More »
Divorce & Incarceration
A married couple or domestic partners have decided they want a divorce. The plaintiff attempts to file a complaint but realizes her ex was arrested. Not only was he arrested, he can’t post bail and will be remanded for months. What does this mean for the Plaintiff’s custody or divorce case? Can she proceed… Read More »
Your Pets & Divorce
In Florida, pets are still considered personal property when it comes to equitable distribution in divorce. Parties are now drafting prenuptial custodial agreements for pet custody similar to child custody and support orders. In many states, dogs are assigned a monetary value based on property valuation and that includes Florida. The Plaintiff or party… Read More »
Estate Planning for Newlyweds & Blended Families
Wedding bells are ringing. You booked the caterer, the date is set and you have your dress. But have you given thought to your estate plan now that you are married? Will you be joining two families and have special considerations regarding your children from a previous marriage? Do you think it is too… Read More »
Special Needs Trusts
Special needs trusts serve the needs of families requiring adult beneficiaries to be cared for beyond a caregiver-testator’s life. The trust can be created so that an executor is appointed to oversee distribution of funds and the well-being of the special needs beneficiary. If you care for a loved one with a permanent physical… Read More »
Why You Should Update Your Will
You drafted a will, a durable power of attorney and a list of assets and liabilities five years ago. You’re finished with estate planning, right? Well, not quite. It is always a good idea to revisit your estate planning documents, including your will and list of assets and liabilities, on a yearly basis. Circumstances… Read More »
