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Brief summaries of various legal issues relating to estate planning and probate

 

Disclaimer planning. a wait and see approach

Changes in the law, including those relating to the surviving spouse’s ability to “port” the decease spouse’s unused exemption, have created an opportunity for practitioners to utilize flexible...

the use of LLC operating agreement to avoid probate

Florida law appears to recognize an LLC Member’s right to control the disposition of his or her membership interest in an LLC upon death, without judicial intervention via a probate administration...

I Can’t Find the Original Will -What happens Now??

Let’s say a loved one has just died. Maybe a parent, sibling or a friend, and you know that you were named a beneficiary of that person’s estate or believe that that person has designated you the...

Do I need a will

People often ask if a Will  is absolutely necessary. The answer is almost always yes. There are so many factors to consider depending on the type of property involved and the identity of the...

Failing to fund a revocable trust

Fund the Revocable Trust I have seen a number of clients come through the office over the past few months who, usually in the process of trying to sell an inherited home, that either through...

what are a spouse’s inheritance rights in florida

Florida law affords the surviving spouse of a decedent a variety of property rights. A brief description of these inheritance rights follows:Right to exempt property. The surviving spouse is entitled...

does a revocable trust protect my assets

Many people unfamiliar with trusts are under the impression that all trusts protect an individual’s assets from the reach of his or her creditors. This is not so. For example, a revocable trust...

What is a lady bird deed

A lady bird deed, also known as an enhanced life estate deed, is a form of conveyance used in estate planning relating to the transfer of real property. A lady bird deed allows a property owner to...

is credit shelter planning still necessary

When the lifetime exclusion amount was only around $600,000.00 and prior to the ability of a spouse to port or use the deceased spouse’s unused exclusion amount in her own estate, it was crucial...