Estate Planning

Going through a divorce is such a tumultuous process that many people neglect to amend their estate plan in keeping with their new marital status. This can be a crucial mistake because although we generally assume that this task is not urgent -- you never know. Life is unpredictable and no one can foresee when an accident or health event may change everything, removing your opportunity to alter past decisions by updating pivotal documents. It is a good idea, during divorce negotiations, to get in touch with a

If you have taken the step to develop an estate plan to protect your future and that of your loved ones, congratulations! Having an estate plan can go to great lengths in providing you with peace of mind that you and your family will enjoy certain legal protections in some of the most difficult times life can throw at you. While putting an estate plan in place is a great accomplishment, you must be mindful that your estate plan will only be most effective if it remains current and reflects your most recent life circumstances. In addition to scheduling periodic reviews of your estate plan, there are also certain times that should trigger a review and potential update of your estate plan.

Will a Last Will and Testament help me to avoid probate?

Probate is the process by which the court distributes your assets to your heirs. In the state of Florida, as elsewhere across the country, probate can be a costly and time consuming process. Probate involves both court fees and attorney’s fees, and may tie up your assets for several months or potentially even years as the court works to distribute your assets either in accordance with your will or per the laws of intestacy. Fortunately, with some advance planning, there are ways in which you can avoid probate. A thorough estate plan can allow your assets to pass to your heirs without added expense or unnecessary delays.
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Estate planning is perhaps most commonly associated with wills using this type of legal document to memorialize wishes regarding how you want your property distributed when you pass away. Estate planning, however, can go far beyond employing a will to distribute property to your heirs. In fact, many people choose to utilize different types of trust in estate planning.

Estate planning is important for everyone. It is not something just for older adults to take care of. Younger people tend to think that they do not need to estate plan because they have nothing of value.
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How can I help my loved one in a nursing home make an estate plan?

The coronavirus pandemic has sent a message to all of us that our futures are uncertain. Most at-risk for serious illness or death from the virus remains the elderly. People aged 65 or older have a heightened risk of hospitalization or death from COVID-19. Perhaps the most vulnerable are Florida’s nursing home and assisted living residents. Nursing home residents are typically already in compromised health due to physical or mental illnesses.
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What are the benefits of making an estate plan right now?

The novel coronavirus continues to spread across the globe, bringing about illness, death, and economic turmoil in its wake. Currently, the death toll in the United States has exceeded 40,000, while more than 2.4 million people globally have been infected by COVID-19. Along with the magnitude of the illness, many Americans are now suffering financially. Necessary social distancing and stay-at-home orders have caused millions of Americans to lose their jobs.
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Do I need an estate planning attorney?

None of us know what the future holds. Creating an estate plan is about preparing for the unknown. A good estate plan will protect your loved ones, your assets, and yourself in the event of a serious injury, incapacity, or death. Your estate plan is about a lot more than just dividing up your assets. With your estate plan, you can ensure your spouse, children, or other loved ones are cared for, while also knowing that your last wishes will be respected and honored.
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How can I protect my non-biological child?

A comprehensive estate plan is important for everyone who wants to protect their assets and family, but it is even more critical for same-sex couples to create certain estate planning documents so that they are fully protected. In 2015, the United States Supreme Court passed a landmark ruling legalizing same-sex marriage for same-sex couples. This ruling afforded same-sex couples vital protections that heterosexual couples long took for granted, but it did not eliminate the need for some extra care when it comes to estate planning. Our Read more . . .

What does the SECURE Act mean for estate planning?

The Setting Every Community Up for Retirement Act or SECURE Act of 2019 will bring about significant changes to retirement and estate planning in the year 2020. President Trump signed the SECURE Act into law in December. Professionals in the retirement planning field have evaluated the new law as bringing about mostly positive changes for employees, with one major downside to traditional estate plans. Our Read more . . .

Why Simply Co-Owning Property May Not Be an Ideal Estate Plan

Often, people will purchase real estate or open a bank account with their spouse, child, or other loved one as a co-owner. This joint ownership is set up so that if one owner dies, the other will automatically inherit the property. In the state of Florida, there are several types of joint ownership, and some will allow for the automatic transfer of ownership upon the death of one co-owner. However, to simply have a co-owner on your major property is rarely sufficient for an estate plan. Relying on joint ownership could have implications on taxes and creditor rights, and it could even carry the risk of an unintended person receiving partial ownership of the property.
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