The Importance of Disability Planning

For many, the New Year comes with New Year’s resolutions.  If you have not completed your estate planning, or have not updated your planning in some time, doing so would be a good resolution to have.  You might be surprised to know, estate planning does not simply mean having a plan for what happens in […]

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Nursing Home Evictions: Can you be Kicked-Out of the Nursing Home?

No one wants to live in a nursing home.  But, for many people it may become necessary at some point in life.  For those who do become residents of a nursing home, it is important to understand nursing home transfer and discharge rights to ensure the best care possible. In general, nursing homes are prohibited […]

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Understanding the Probate Process: Why Probate is Not a Four-Letter Word

Probate is often thought of as a process that is best avoided.  There certainly are situations in which probate is not necessary, but it is surprising for some to learn there are benefits which can only be gained by engaging in the probate process.  In most cases, probate is an easy and straightforward process. Unfortunately, […]

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Five Fast Facts About Trusts

What is a trust? Anytime legal terms start to be used, it is easy to get confused, especially with words that have other meanings in our day to day conversations. In this instance, a trust is a legal entity, similar to a corporation, which can own assets like bank accounts and real estate. What does […]

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How Your Ex-Spouse Can Become Your Beneficiary

The scenario:  Hank and Janice were married, had a daughter together, Elsie, and then got divorced.  Hank died intestate, without a will, so pursuant to Florida law, Elsie was the beneficiary of his estate.   Elsie was not married and had no children.  She died before receiving her distribution from Hank’s estate.  What happens to her […]

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They’re Here…Florida ABLE Accounts

The Achieving Better Life Experience Act, or ABLE Act, was signed into law by President Obama in December 2014.  ABLE updates the Internal Revenue Code to allow eligible individuals and their families to establish a tax-exempt savings account that allows for disbursements of income tax-free funds for “qualified disability expenses,” including education, transportation, housing, obtaining […]

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How Should I Own My Florida Homestead Property?

A commonly asked question is, “Should I own my homestead in my trust?”  Generally, the answer is, “No.”  This is not because of your ad valorem homestead exemption or even your Constitutional protection from the claims of creditors. It is not because we don’t want you to avoid probate. Instead, it is because Florida law […]

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Still Married? Cannot Disinherit the Spouse

Michael and David are a same sex couple who live in the same house, owned by Michael.  Michael prepares a will leaving everything he owns to David.  Michael is still married to Evelyn who lives in Iowa with their minor child.  For various reasons, they never divorced and don’t necessarily intend to do so.  Michael […]

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