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Florida Probate Litigation Attorney Blog

Estate planning basics

  • 26
  • January
    2012

All Florida residents will face different estate planning needs depending on their circumstances.

Some of these issues are quite complex, and should be considered when making estate planning decisions in order to have the best possible outcome from a financial perspective, and to ensure that the individual's wishes are carried out.

The following are some issues that may need to be addressed for proper estate planning depending on the situation.

Beneficiaries. In relatively simple and small estates, naming a beneficiary on all accounts, and designating beneficiaries of personal property can be sufficient to bypass probate so that the assets can pass freely at the time of death. Oftentimes people forget to update designated beneficiaries. This should be done at regular intervals, and whenever a life-changing event has occurred, such as a death or a marriage.

Estate planning for your social media needs

  • 21
  • January
    2012

Is there an app for that? The answer to that question appears to be yes.

In our previous post, we discussed the importance of estate planning for young people. Young people may be especially in need of estate planning with respect to the administration of their social media accounts, such as Facebook and Twitter.

Facebook has instituted a type of memorial for deceased members. This feature allows the deceased member's profile to be accessed by friends and family members in order to share their memories. Private information is removed, but friends and family are able to continue to leave posts.

Estate planning is for young people too

  • 17
  • January
    2012

Young adults today are probably most concerned about finding a job in a tough economy. The perception is that estate planning and creating trusts are concerns for much older people. However, young people, even those with very limited assets, should seriously consider estate planning or trusts in order to prevent headaches for their families in the event that tragedy strikes.

The primary goal of estate planning is to cut down on administrations costs and stress when dividing up assets after someone passes. In fact, when a single person has very few assets to account for, the cost to create an estate plan would probably be minimal, which is all the more reason for people as young as 18 to seriously consider getting their financial affairs squared away.

Ring in the new year with an estate plan update

  • 12
  • January
    2012

Giving your estate plan a once-over isn't always how most people want to head into the new year. But it's still an important task that needs to be taken care of regularly if you want to take comfort in the fact that your assets and money will be handled according to your desires once you are gone.

Florida estate planning lawyers know that many people consider estate planning updates to be a nuisance expense that they might like to avoid, but if you put off these revisions and reviews it could ultimately cost your estate much more than you would pay up-front. There are a number of considerations to keep in mind when reviewing your estate plan, and covering your bases will protect you from any unexpected complications that hurt both your estate and its beneficiaries.

Estate fight embroils famous winemaking family

  • 06
  • January
    2012

Cape Coral readers who enjoy a glass of wine from time to time may have heard of Foppiano Vineyards, a 115-year-old winery in Healdsburg, California. Unfortunately, the oldest family-owned winery in the famed wine country of Sonoma has two major problems, one of which is related to estate planning.

The first is declining sales and mounting financial problems, a one-two punch that has Foppiano Vineyards against the ropes.

Keep up on estate tax planning to protect your Florida assets

  • 03
  • January
    2012

The death of a loved one often brings with it the transfer of assets to designated heirs. Unfortunately, many people who have drafted early plans for their estate often realize at a later point that the goals for their estate haven't been met or won't be realized after they have passed.

Estate taxes can play a big part in what happens to a deceased person's estate. Florida estate planning attorneys advise that individuals with an estate plan should always be communicating with their estate planners to be sure to understand the effects of the most recent laws and regulations. Staying attentive is important to making sure one's assets are distributed to the people one would like to receive them.

MLK Jr. estate sues TV anchor over historic documents

  • 30
  • December
    2011

The estate of Martin Luther King Jr., which is run through a corporation set up by his children, is suing a TV anchor over some pretty historic documents. Some of the items include historic hand-written speeches and photographs.

The anchor says that his mother was given the documents when she worked for King in the late 1950s and they are rightfully his family's property. Now the man is asking a court to throw out the lawsuit because the items were given to his family by King, a family friend. Because King didn't have a will, his estate often struggles with what his last wishes were.

Improving your estate plan can be a gift for your children

  • 30
  • December
    2011

The holiday season is filled with making plans, buying gifts and bringing family together. It can be a stressful but rewarding time of the year, and it brings many warm sentiments to the minds of older individuals who have watched their families grow over the course of their lives.

Although it can be a difficult subject to broach, the holiday season can also be used as a time to discuss long-term planning in the event of a loved one's death. Florida estate planning lawyers note that there are a number of tasks aging individuals can complete to provide security and structure to their families in the event of their death.

Establish a Florida advance health care directive

  • 22
  • December
    2011

End-of-life decisions are not always easy to make. They can be emotionally troubling, and planning for one's death can create moral and ethical dilemmas for people to confront.

Even so, making these plans ahead of time is crucial to making sure your desires are fulfilled. Florida estate planning attorneys note that bad consequences can arise from failing to establish plans such as an advance health care directive.

An advance health care directive is a legal form that you can use to assign power of attorney to a loved one or close friend. This directive identifies an individual charged with making decisions for you in the event that you are unable to do so yourself.

Inheriting IRAs, Part II

  • 15
  • December
    2011

This is a continuation of our discussion on inheriting IRAs. In the last post, we started by pointing out the importance of properly retitling an inherited IRA. Florida inheritance attorneys have additional advice on inheriting IRAs:

2. Be wary of liquidating the account. If you keep the money in an IRA, it will continue to grow tax-free. If you take it out, you will lose a substantial amount to taxes. In one hypothetical example, if you inherited an IRA at age 35, it could triple, quadruple or quintuple in value by the time you retire. If you take the inherited amount as a cash payout, you could lose 40 percent of the present value to taxes.

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