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With the click of a mouse, there is a great deal of information at our fingertips about trusts and estate planning. Amidst this vast amount of information, there are some common misconceptions. One such misconception is that a revocable trust is about whether to use a Florida revocable trust for a “small estate”. The misconception is […] Read More

This article was inspired by a discussion with a colleague who works in financing mortgage banking.  He mentioned that title companies were starting to get very careful when scrutinizing a Florida durable power of attorney as part of a Florida real estate transaction. We speculated that title and escrow companies were becoming wary of these […] Read More

Elder Law

How do you know when you need an estate planning attorney verses an elder law or Medicaid planning attorney?  Perhaps you need someone with experience in all 3 areas? Legal terms such as “estate planning”, “elder law”, and “Medicaid planning” roll easily from the lips of well meaning attorneys and other legal insiders.  Yet does […] Read More

IRA Beneficiary Trust

Today’s important asset protection topic concerns “Beneficiary IRAs” and “IRA Beneficiary Trusts” and  the question whether beneficiary IRAs are protected from creditor attacks.  A follow up question is whether IRA beneficiary trusts should be used as additional protection? If this sounds complicated, worry not because I’ll work hard to make this all easy to understand. […] Read More

Florida Living Trust Changes

I was recently talking with a colleague who is a divorce attorney about how important it is to update a Florida living trust in the event of divorce.  This got me thinking about life changes and how they necessitate Florida living trust changes, and other updates to your Florida estate plan.  So, you need to know when […] Read More

Web Based Legal Documents

Key Drawbacks To Web Based Legal Documents [vs. Attorney Prepared Documents] We live in a time when web based products of all kinds are abundant and often the choices available via the web seem to surpass what is available through more traditional means. While web based legal documents can be an enticing option, particularly in transactional […] Read More

Florida LLC or Corporation

 As a small business owner, it is very important to make the time to address “housekeeping” issues proactively to protect your business. Most business owners just press forward without thinking about the ramifications of a lawsuit. Yet every business owner faces liability from any number of sources such as customers, vendors, landlords and employees. Managing […] Read More

Florida Homestead Consequences if No Last Will

One question that has often come into my practice, and has actually been the subject of some question within the Florida legal community, is whether a Florida Homestead should be titled into a Florida revocable living trust? Defining a Florida Resident In Florida, a homestead is generally understood as one’s personal place of residence. This […] Read More

Long Term Care Insurance Florida

I often advise clients that there are a only a few major risks to consider in your retirement years. The top of the short list is rising healthcare costs, followed by the the arguably lower likelihood of random law suits warranting Florida asset protection and estate tax exposure. Rising healthcare costs bear a direct relationship with […] Read More

Differences Between Revocable Living Trusts and Irrevocable Trusts

There are a lot of questions and general confusion about the differences between revocable living trusts and irrevocable trusts, which are the two primary types of trusts, and in this article I will explain the key differences by discussing the definitions, uses, benefits and drawbacks of each.   Defining a Revocable Living Trust A “living trust” is […] Read More