Author Archives: Chris M
Florida Residency and Domicile in Estate Planning
In colloquial speech, the words ‘residency’ and ‘domicile’ are often used synonymously. However, in the legal field, the two mean very different things. One can be a resident of a state without having that state as one’s official domicile, and it can be confusing to determine your status if you need to do so… Read More »
Do I Need A “Living” Trust?
In estate planning, a trust is a contract of sorts, in which assets are held ‘in trust’ for a beneficiary by a trustee. The trustee holds legal title to all the assets (real or personal property) in the trust’s name, but the beneficiary can access the trust’s proceeds at the appropriate time. There are… Read More »
Can My Prenup Affect My Estate Planning?
Most of the time, a prenuptial agreement is thought of as a tool for affianced couples to establish the way property should be disposed of in the event of a divorce. However, in Florida, the laws are written in such a way that several different estate planning issues can also be dealt with in… Read More »
Planning For Estate and Gift Taxes
When one is planning out their estate, it is crucial to remember that both the federal and state governments have the right to collect taxes on an estate or inheritance, though state obligations in particular will vary depending on where you live. Florida has a reputation as a low-tax state, but it is still… Read More »
What Is Florida’s Elective Share Statute?
In most states, there are very few restrictions on what someone can put in their will or who they can leave their assets to. Florida is one of the 29 states that requires a testator to either provide for their spouse in their will, or if they do not, the spouse can take approximately… Read More »
Estate Planning And Digital Assets
As technology changes, so does the law, and estate planning must as well. Digital assets are becoming more common, even for elderly people, and like any tangible asset based in the real world, you must have a plan for their management upon your passing. Failure to do so may mean that your accounts and… Read More »
Dying Intestate In Florida
Florida is one of the U.S. states with the highest population over the age of 65, and because of this, estate planning is a hot topic among the state’s attorneys. Everyone, regardless of age, should have a will – but this is especially important for those who are older, because an older person runs… Read More »
Will My Estate Plans Change After Divorce?
Estate planning can be a complex endeavor, especially if you have significant assets that need to be managed. However, nothing quite throws a proverbial wrench in so many documents as a sudden divorce. Certain provisions in Florida law effectively disinherit your now-ex spouse unless you take steps to avoid this. It is a good… Read More »
Living Wills During A Pandemic
A living will, also called a healthcare advance directive, is an estate planning document designed to convey your wishes in the event you are in a terminal or ‘end-stage’ condition or a persistent vegetative state. However, there are always grey areas when dealing with end-of-life care, and during a global pandemic, it can feel… Read More »
Providing For A Disabled Family Member
When someone is planning out their estate, they very often will want to provide for a disabled family member, bequeathing them certain assets or setting aside money for their use. However, what many are unaware of is that there are asset restrictions on government programs like Medicare and Medicaid (programs that many disabled people… Read More »