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Children have some of the strongest inheritance rights (after a surviving spouse) under Florida succession law (where there is no last will or trust designating the estate beneficiaries).  This legal protection for children has been around for centuries and is what many people want, anyway.  However, when the law talks about “children” or “issue” (which […] Read more

The definition of “family” has expanded to become more inclusive over the past 25 years to include many variations in lifestyle. For those who live a non-traditional lifestyle, the importance of non-traditional estate planning in Florida may be even greater than for traditional families. A non-traditional family may involve a couple living in an unmarried relationship. A blended family with […] Read more

LLC Creditor Protection Tools

We live in a world of abundant “on line” forms and services. Quickie “do it yourself” LLCs, much like “self help DIY Florida estate plans“ are usually not a good idea.  When it comes to your legal concerns, as in most things, you get what you pay for. That said, because LLCs can be filed […] Read more

Estate Planning for Digital Assets

It is often the case that science and technology gets ahead of the law and this trend has impacted the world of estate planning in a big way. Digital assets and electronic communication medium have been evolving since the emergence of the web and this has presented numerous legal challenges. So, this article is an […] Read more

Florida Medicaid and the Affordable Care Act

In general, Medicaid is a need based program to provide aid to those with chronic medical conditions. As a bit of background, Medicaid and Pre-Medicaid planning in Florida is an important part of creating a Florida estate plan and designing a wealth transfer and preservation strategy in Florida.  In the fast changing world of healthcare […] Read more

Florida Homestead Titled in Florida Living Trust

A common question often asked, and one that 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? When we talk about homestead protection in this setting, we are not talking about the tax exemption status offered by the […] Read more

Florida Notary Law Update 2020

Nowhere in the legal environment is the “notarizing” of documents more important than in the world of estate planning.  In Florida, notaries provide a way to verify those who seek to represent an elderly person in Florida legal matters, and this reality impacts millions of elderly residents doing Florida estate planning. The Florida notary law […] Read more

Estate Planning Updates in Florida

Just as regular medical checkups are important for physical health, regular checkups are important to diagnose the need for regular estate planning updates in Florida. There are 3 kinds of life changes that impact your estate plan in Florida.  These 3 major areas of change make it very important to schedule a regular checkup with your Florida estate planning attorney for […] 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 about Florida durable power of attorney problems when handling a Florida real estate transaction. We speculated that title and escrow companies were becoming wary of these powers of […] Read more

Power of Attorney Image

We tend to think of the word “attorney” as a synonym for “lawyer.”  And, for the most part, that’s usually the case.  Technically speaking, though, an “attorney” is an individual empowered to act on behalf of someone else, and it doesn’t always have to refer to a lawyer.  An “attorney in fact,” for instance, is […] Read more