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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Reminder of Important Filing Deadline for Florida Business Entities

The last day to file a 2016 Annual Report for all Florida profit corporations, limited liability companies and limited partnerships is May 1st. File your Annual Report at http://www.sunbiz.org/. Businesses filing after May 1st will be assessed a $400.00 late fee. Detailed instructions on filing your Annual Report can be found at https://efile.sunbiz.org/sbs_ar_instr.html.

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Is Your Personal Representative Qualified?

When someone dies the Last Will & Testament becomes the controlling instrument.  Typically, your Last Will & Testament will nominate a personal representative responsible for the administration of your estate including accounting for all of your assets, paying your creditors and distributing your estate to your named beneficiaries. Many times a spouse or adult child […]

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Is it good to be “Traditional?”

Let’s say there is a “traditional” scenario where the husband, Jim, works outside of the home and his wife, Annie, takes care of the children and the home.  In this “traditional” scenario, Jim feels it is his responsibility to provide for his family and, as part of that, to take care of all the finances.  […]

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Estate Planning Documents You Need Now!

With summer quickly approaching, if you are preparing to travel, don’t forget these important legal documents you need to include in your suitcase. We never think an accident or illness will happen while away from home. Are you prepared? There are two legal documents you will want to have a copy of in case of […]

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Hope Is Not a Course of Action: Estate Planning for People Under 40

Most people under the age of 40 consider estate planning something to be done “someday”. They hope that they will live a long and healthy life. The reality is there are no guarantees. Your estate plan is similar to a hurricane preparedness plan. You should have one in place so when the storm or disaster […]

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A Good Deed Gone Wrong

Bob and Suzy get divorced.  Suzy has an adult child, Annie, from a prior relationship. As part of the marital settlement agreement, Bob is supposed to sign a deed conveying his interest in their homestead to Suzy. Suzy is supposed to get a new home loan in her individual name.

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Real Property Problems – The Dilemma of the Unmarried Couple

I just received a call from a local realtor.  She was understandably concerned because a purchase and sale transaction she was working on had stalled.  The reason:  the property was owned by an unmarried couple and one of the partners had recently died.  The title search revealed the couple had taken title as John Doe, […]

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