The New Year is all about a fresh start. Along with starting a new diet and joining the gym, why not start 2016 off with an estate plan that works? This does not simply mean assessing whether or not you have estate planning in place. It also means ensuring the planning you do have is up to date and actually accomplishes your estate planning goals. Only about half of all Americans have planned for their disability and death.
If you recently purchased a home in Florida which is your permanent residence, now is the time to file for your homestead tax exemption. March 1st is the application deadline for filing in order to receive the exemption for 2016.
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 strikes, you are ready. The difference with an estate plan is that, eventually, we will all need one.
This is a common question for parents of kids with special needs, particularly when the individual is very high functioning and has aspirations to attend college. In some cases, a family member may have established a college plan for the child without understanding the possible effect the account can have on the child’s eligibility for government benefits, including Supplemental Security Income (SSI).
Does your family know where your most up to date estate planning documents are located? If you signed a will in 1985 and put it in your safe deposit box, signed a new will in 2001 and put it in your desk at home, told your son about one, told your daughter about the other, they may be confused. The attorney information on each document is different.
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.
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 strikes, you are ready.
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 an emergency.
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.
Bob and Kate are an unmarried couple, neither of whom have children, and who live together in a home owned by Bob, individually. Let’s say Bob dies. The good news is he has a signed will. The bad news is he prepared the will himself, without consulting an attorney. The will leaves his home to Kate, who intends to continue living there just as she has for many years.
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