Estate Planning

How should I bring up the topic of estate planning with my aging parents?

The topic of estate planning can be a delicate one. Fewer than half of all Americans have an estate plan and many shy away from discussions of this morbid but critical issue. For adults with aging parents, it is absolutely essential that you have a conversation about your parent’s wishes for after their death. However, starting off the discussion can be daunting. Our Read more . . .

What changes could come to the field of estate taxation if a new President takes office?

The 2020 election is fast approaching and the outcome of this highly anticipated election could have much import on our daily lives. One area that may see change should a Democratic President take office is that of estate planning. Several top Democratic candidates have proposed drastic changes to popular estate tax laws. Now might be the ideal time to

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Probate, the court-overseen process of settling the estate of a deceased individual, has become something people are always talking about avoiding. Probate, among many other things, involves the gathering of assets and the distribution of property from a decedent’s estate to his or her heirs. It is also the time when any creditors of the estate are paid. Unfortunately, like many things involving the legal system, there are drawbacks to probate. So many drawbacks, in fact, that more and more people are looking for ways to avoid the process either partially or altogether.
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An Irrevocable Life Insurance Trust (ILIT) is a trust specifically established to own your life insurance policy for you. You establish the trust by transferring ownership of your life insurance policy to the trust. The fact that it is an irrevocable trust means that it cannot be rescinded, changed, or amended after it is created. Once you put your life insurance in the trust, you cannot change the trust terms or get back ownership of the life insurance policy you placed in the trust. 

You do, however, have great power as you are establishing the terms of the trust.
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How do I best ensure my heirs receive my cryptocurrencies?

Cryptocurrency soared in popularity and value in recent years.  As more of our economy has moved to the digital world, it is perhaps no surprise that our currency is becoming digitalized.  Digital currency allows for ease of transfer at any time of the day. Over $335 billion is now held in cryptocurrencies. With the increasing popularity of cryptocurrencies, laws and regulations have had to evolve to address concerns.
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There are many reasons why the validity of a will may be challenged. In most cases, however, a family member may feel that he or she has been wrongfully cut out of a will or that the contents of the will do not appear to accurately reflect what they thought would be in there. Whatever the reason, there are several grounds upon which a person may bring a challenge to a will.
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Will My Small Estate Need to Go Through Probate in Florida?

Some of us will have smaller sized estates. Perhaps you are just starting off in your career, single, or elderly, you may not have that many assets. Those with smaller sized estates may find themselves wondering whether they really need an estate plan and if so what that should be included within that plan. Our Read more . . .

What Circumstances Could Give Rise to a Claim of Undue Influence?

An estate plan is intended to represent the last wishes and desires of its creator. With an estate plan, you can direct whom you want to receive your hard-earned assets, name a guardian for any minor children, and address your own healthcare needs. Sadly, at times, vulnerable individuals are pressured or tricked into creating an estate plan that does not actually represent their wishes. Undue influence is a significant issue in estate planning, particularly when an elderly or ill individual is involved. Our Read more . . .

A guardianship is a legal relationship established between the guardian and the ward. When a person is deemed to be legally incapacitated, the court will establish a guardianship where the ward is the incapacitated individual and the guardian becomes a surrogate decision-maker, acting on behalf of the ward and appointed by the court. A guardianship may also be established for a minor who is not incapacitated, but still needs someone to look after them and act on their behalf.

The role of the guardian, in any circumstance, comes with substantial responsibilities that must be properly executed. A guardian can be held accountable for a failure to properly uphold his or her duties regarding acts taken on behalf of a minor or an incapacitated individual.
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Finally having an established estate plan can be a big relief. It is so often something on a person’s to-do list that keeps being put off. When you have an estate plan in place, it can feel like a weight has been lifted from your shoulders. You know that your wishes have been memorialized in legally binding estate planning documents. You know how your family will be provided for after you pass.
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Finally having an established estate plan can be a big relief. It is so often something on a person’s to-do list that keeps being put off. When you have an estate plan in place, it can feel like a weight has been lifted from your shoulders.
Read more . . .