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THE 99.5% ACT
While many do not think all of the “For the 99.5% Act introduced by Bernie Sanders plan on March 25, 2021 will become law, there is certainly concern over the gifting and estate tax portions which would seem to affect more than just the upper 1/2 percent of the USpopulation.
ESTATE SETTLEMENT IN FLORIDA Florida Estate Settlement is the process of gathering the assets of an estate and distributing them to the creditors and beneficiaries of the estate. In — October 6, 2008 HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO CORRECT A DEATH CERTIFICATE IN FLORIDA Correcting a Florida Death certificate is done through Florida Vital Statistics which can be reached at: DEPARTMENT OF HEALTH. Bureau of Vital Statistics. PO Box 210. Jacksonville, FL 32231. (904) 359-6900, EXTENSION 9005. Generally the application for Amendment of the Florida Death Certificate needs to include the following: SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
FLORIDA PROBATE: WHO GETS THE ENGAGEMENT RING WHEN THE Throughout the world, the engagement ring is known as a symbol of the love shared between two people who intend to marry. Engagement rings are expensive and often one of the most valuable assets a person willowns.
HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081THE 99.5% ACT
While many do not think all of the “For the 99.5% Act introduced by Bernie Sanders plan on March 25, 2021 will become law, there is certainly concern over the gifting and estate tax portions which would seem to affect more than just the upper 1/2 percent of the USpopulation.
ESTATE SETTLEMENT IN FLORIDA Florida Estate Settlement is the process of gathering the assets of an estate and distributing them to the creditors and beneficiaries of the estate. In — October 6, 2008 HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO CORRECT A DEATH CERTIFICATE IN FLORIDA Correcting a Florida Death certificate is done through Florida Vital Statistics which can be reached at: DEPARTMENT OF HEALTH. Bureau of Vital Statistics. PO Box 210. Jacksonville, FL 32231. (904) 359-6900, EXTENSION 9005. Generally the application for Amendment of the Florida Death Certificate needs to include the following: SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
FLORIDA PROBATE: WHO GETS THE ENGAGEMENT RING WHEN THE Throughout the world, the engagement ring is known as a symbol of the love shared between two people who intend to marry. Engagement rings are expensive and often one of the most valuable assets a person willowns.
HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send COMMUNITY PROPERTY TRUST CAN SAVE INCOME TAXES How a Community Property Trust Can Save Tens or Hundreds of Thousands of Dollars in Capital Gains Taxes Community property trusts can save your clients tens of thousands of dollars in capital gains taxes, and that is just one of their many benefits. HOW TO CORRECT A DEATH CERTIFICATE IN FLORIDA Correcting a Florida Death certificate is done through Florida Vital Statistics which can be reached at: DEPARTMENT OF HEALTH. Bureau of Vital Statistics. PO Box 210. Jacksonville, FL 32231. (904) 359-6900, EXTENSION 9005. Generally the application for Amendment of the Florida Death Certificate needs to include the following: STEP-SIBLINGS & HALF BLOODS IN FLORIDA INHERITANCE Florida probate cases often involve situations where the decedent has step-siblings or half blood siblings. Under Florida’s intestate statutes a step brother or sister would not receive any share of the decedent’s estate, but a half blood (one related by one parent) would receive 1/2 as much as a child that was related by both parentsof the decedent.
HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 HOW TO OBJECT TO THE APPOINTMENT OF THE PERSONAL Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DOES YOUR ESTATE PLAN CONTAIN A DESIGNATION FOR PRE NEED What is a Pre-Need guardian and why is it important in Florida and other States? Very rarely do I run across Florida estate plans that have designated a Florida Pre-Need Guardian. This simple document allows an individual if incapacitated to name someone in advance to act as your Florida Guardian.More importantly the Designation of Pre-Need Guardian allows you to say who you do not WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATE Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 USING QUICKEN TO PREPARE A TRUST: THE GOOD, THE BAD, AND I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advice of counsel and the problems with online document preparation services like LegalZoom and RocketLawyer. PROBATE: DO STEPCHILDREN INHERIT FROM THE WILL LIKE In today’s world, it is common to see blended families full of biological and stepchildren. It is crucial for parents, who wish to leave an inheritance to their stepchildren, make a will or trust because stepchildren do not have the same inheritance rights as biological children. HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO PROTECT YOUR ASSETS FROM YOUR TEENAGE DRIVERS Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
WHO HAS THE RIGHT TO MAKE FUNERAL / BURIAL ARRANGEMENTS IN Who has the right to make funeral / burial arrangements in Florida? Florida Statute 497.005 defines human remains and who is the legally authorized person to dispose of the human remains. WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS A It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATE Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO PROTECT YOUR ASSETS FROM YOUR TEENAGE DRIVERS Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
WHO HAS THE RIGHT TO MAKE FUNERAL / BURIAL ARRANGEMENTS IN Who has the right to make funeral / burial arrangements in Florida? Florida Statute 497.005 defines human remains and who is the legally authorized person to dispose of the human remains. WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS A It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATE Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send JURISDICTION OF FLORIDA TRUST CASE A Florida probate court determines jurisdiction in three steps: First, the court determines if the subject matter of the lawsuit is located in the state. Second, the court determines if Florida’s long-arm statute authorizes jurisdiction. Third, it determines if the exercise of this jurisdiction will violate the Fourteenth Amendment’s Due HOW TO PROTECT YOUR ASSETS FROM YOUR TEENAGE DRIVERS Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 COMMUNITY PROPERTY TRUST CAN SAVE INCOME TAXES How a Community Property Trust Can Save Tens or Hundreds of Thousands of Dollars in Capital Gains Taxes Community property trusts can save your clients tens of thousands of dollars in capital gains taxes, and that is just one of their many benefits. HOW TO CORRECT A DEATH CERTIFICATE IN FLORIDA Correcting a Florida Death certificate is done through Florida Vital Statistics which can be reached at: DEPARTMENT OF HEALTH. Bureau of Vital Statistics. PO Box 210. Jacksonville, FL 32231. (904) 359-6900, EXTENSION 9005. Generally the application for Amendment of the Florida Death Certificate needs to include the following: HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
USING QUICKEN TO PREPARE A TRUST: THE GOOD, THE BAD, AND I recently receive a copy of Quicken Willmaker 2009. I have previously written about many articles about the unintended results that occur with Do It yourself and Free Estate Planning Documents created by individuals without the advice of counsel and the problems with online document preparation services like LegalZoom and RocketLawyer. GUARDIANSHIP OF MINOR: WHEN DOES A MINOR NEED A Guardianship of Minor: When does a Minor need a Guardianship?. When is a Guardianship of Minor needed in Jacksonville, Florida? Under Florida Law, there are two types of guardianships of minors. The first type of Guardianship of a Minor is called a Guardianship of the Person. FLORIDA PROBATE: WHO GETS THE ENGAGEMENT RING WHEN THE Throughout the world, the engagement ring is known as a symbol of the love shared between two people who intend to marry. Engagement rings are expensive and often one of the most valuable assets a person willowns.
DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO MODIFY AN IRREVOCABLE TRUST IN FLORIDA Fla. Stat. § 736.04114. This statute allows a court to modify an irrevocable trust with federal tax provisions by defining who the beneficiaries are and the amount of their respective shares. This Florida code also works directly with 736.0416, which allows a court to modify the terms of a trust that was created to achieve thesettlor’s tax
WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS A It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
CALCULATION OF YOUR ELECTIVE SHARE IN FLORIDA Calculation of Your Elective Share in Florida. by David M. Goldman. In Florida a spouse can elect to take 30% of the decedent’s elective estate. But what was not answered is what portion of the estate is that 30% applied to? The 5th District Court of Appeal of Florida has answered this question in the case of Paredes v. McLucas . WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATE Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO MODIFY AN IRREVOCABLE TRUST IN FLORIDA Fla. Stat. § 736.04114. This statute allows a court to modify an irrevocable trust with federal tax provisions by defining who the beneficiaries are and the amount of their respective shares. This Florida code also works directly with 736.0416, which allows a court to modify the terms of a trust that was created to achieve thesettlor’s tax
WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS A It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
CALCULATION OF YOUR ELECTIVE SHARE IN FLORIDA Calculation of Your Elective Share in Florida. by David M. Goldman. In Florida a spouse can elect to take 30% of the decedent’s elective estate. But what was not answered is what portion of the estate is that 30% applied to? The 5th District Court of Appeal of Florida has answered this question in the case of Paredes v. McLucas . WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATE Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to sendTHE 99.5% ACT
While many do not think all of the “For the 99.5% Act introduced by Bernie Sanders plan on March 25, 2021 will become law, there is certainly concern over the gifting and estate tax portions which would seem to affect more than just the upper 1/2 percent of the USpopulation.
HOW TO PROTECT YOUR ASSETS FROM YOUR TEENAGE DRIVERS Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 GUARDIANSHIP FRAUD IN FLORIDA Guardianship Fraud in Florida. According to recent censuses and polls, experts project Americans that are 65-and-older will double over the next three decades due to a large number of baby boomers. This means the current population of 65 and older persons should explode from the current rate of 48 million to almost 90 million by 2050. FORMAL ADMINISTRATION VS. SUMMARY ADMINISTRATION IN There are to main types of probate administration in Florida: summary administration and formal administration. Summary administration can only be used when the total value of decedent’s assets subject to probate are $75,000 or less, or when the decedent has been dead for FLORIDA ASSET PROTECTION: WHAT IS AN IPUG™ TRUST? HOW DOES Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
DO I NEED GUARDIANSHIP IF I HAVE A POWER OF ATTORNEY Do I need Guardianship if I have a Power of Attorney in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO MODIFY AN IRREVOCABLE TRUST IN FLORIDA Fla. Stat. § 736.04114. This statute allows a court to modify an irrevocable trust with federal tax provisions by defining who the beneficiaries are and the amount of their respective shares. This Florida code also works directly with 736.0416, which allows a court to modify the terms of a trust that was created to achieve thesettlor’s tax
WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS A It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
CALCULATION OF YOUR ELECTIVE SHARE IN FLORIDA Calculation of Your Elective Share in Florida. by David M. Goldman. In Florida a spouse can elect to take 30% of the decedent’s elective estate. But what was not answered is what portion of the estate is that 30% applied to? The 5th District Court of Appeal of Florida has answered this question in the case of Paredes v. McLucas . WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATE Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). HOW TO MODIFY AN IRREVOCABLE TRUST IN FLORIDA Fla. Stat. § 736.04114. This statute allows a court to modify an irrevocable trust with federal tax provisions by defining who the beneficiaries are and the amount of their respective shares. This Florida code also works directly with 736.0416, which allows a court to modify the terms of a trust that was created to achieve thesettlor’s tax
WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS A It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
CALCULATION OF YOUR ELECTIVE SHARE IN FLORIDA Calculation of Your Elective Share in Florida. by David M. Goldman. In Florida a spouse can elect to take 30% of the decedent’s elective estate. But what was not answered is what portion of the estate is that 30% applied to? The 5th District Court of Appeal of Florida has answered this question in the case of Paredes v. McLucas . WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATE Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to sendTHE 99.5% ACT
While many do not think all of the “For the 99.5% Act introduced by Bernie Sanders plan on March 25, 2021 will become law, there is certainly concern over the gifting and estate tax portions which would seem to affect more than just the upper 1/2 percent of the USpopulation.
HOW TO PROTECT YOUR ASSETS FROM YOUR TEENAGE DRIVERS Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 GUARDIANSHIP FRAUD IN FLORIDA Guardianship Fraud in Florida. According to recent censuses and polls, experts project Americans that are 65-and-older will double over the next three decades due to a large number of baby boomers. This means the current population of 65 and older persons should explode from the current rate of 48 million to almost 90 million by 2050. FORMAL ADMINISTRATION VS. SUMMARY ADMINISTRATION IN There are to main types of probate administration in Florida: summary administration and formal administration. Summary administration can only be used when the total value of decedent’s assets subject to probate are $75,000 or less, or when the decedent has been dead for FLORIDA ASSET PROTECTION: WHAT IS AN IPUG™ TRUST? HOW DOES Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and HOW TO REPLACE OR REMOVE A COURT APPOINTED GUARDIAN IN Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
DO I NEED GUARDIANSHIP IF I HAVE A POWER OF ATTORNEY Do I need Guardianship if I have a Power of Attorney in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send THE LAW OF CHARITABLE PLEDGES The pledge is an offer to contract that becomes binding when work obligated by the pledge has begun, or the charity relying on the pledge has otherwise incurred liability. Donor’s pledge has induced other pledges. The charity’s acceptance of the pledge imparts a promise to apply the funds according to the donor’s wishes, and hispledge is
HOW TO MODIFY AN IRREVOCABLE TRUST IN FLORIDA Fla. Stat. § 736.04114. This statute allows a court to modify an irrevocable trust with federal tax provisions by defining who the beneficiaries are and the amount of their respective shares. This Florida code also works directly with 736.0416, which allows a court to modify the terms of a trust that was created to achieve thesettlor’s tax
GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS AMAKING A MINOR A BENEFICIARYPROBATE IN FLORIDA COSTPROBATE IN FLORIDA FOR WILLSPROBATE PROCESS IN FLORIDAMINOR BENEFICIARY IN OHIOMINOR BENEFICIARY RULE It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
GUARDIANSHIP FRAUD IN FLORIDA Guardianship Fraud in Florida. According to recent censuses and polls, experts project Americans that are 65-and-older will double over the next three decades due to a large number of baby boomers. This means the current population of 65 and older persons should explode from the current rate of 48 million to almost 90 million by 2050. WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATEINVENTORY FORMS FOR PROBATE ESTATEPROBATE COURT INVENTORYEXAMPLE OF PROBATE INVENTORY LISTSAMPLE PROBATE INVENTORY FORMTEXAS PROBATE ESTATE INVENTORYFORMSCRIBD LOG IN
Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DO I NEED GUARDIANSHIP IF I HAVE A POWER OF ATTORNEY Do I need Guardianship if I have a Power of Attorney in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send THE LAW OF CHARITABLE PLEDGES The pledge is an offer to contract that becomes binding when work obligated by the pledge has begun, or the charity relying on the pledge has otherwise incurred liability. Donor’s pledge has induced other pledges. The charity’s acceptance of the pledge imparts a promise to apply the funds according to the donor’s wishes, and hispledge is
HOW TO MODIFY AN IRREVOCABLE TRUST IN FLORIDA Fla. Stat. § 736.04114. This statute allows a court to modify an irrevocable trust with federal tax provisions by defining who the beneficiaries are and the amount of their respective shares. This Florida code also works directly with 736.0416, which allows a court to modify the terms of a trust that was created to achieve thesettlor’s tax
GUNS AFTER DEATH
A Florida NFA (Gun / Firearms) Revocable Trust may be the solution for you. On September 13, 2007, Professor Gerry Beyer posted an entry on the Wills, Trusts & Estates Prof Blog, which he edits, entitled “ Dead People With Guns “, referencing this post: One of the growing estate planning niches is preparing for the death of gun owners and WHAT HAPPENS IN FLORIDA WHEN A MINOR CHILD IS AMAKING A MINOR A BENEFICIARYPROBATE IN FLORIDA COSTPROBATE IN FLORIDA FOR WILLSPROBATE PROCESS IN FLORIDAMINOR BENEFICIARY IN OHIOMINOR BENEFICIARY RULE It happens frequently. A minor child inherits either personal property, including money, bank accounts, CD's, money markets, or is left an interest in real property. Who looks out for the best CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as havingcapacity.
GUARDIANSHIP FRAUD IN FLORIDA Guardianship Fraud in Florida. According to recent censuses and polls, experts project Americans that are 65-and-older will double over the next three decades due to a large number of baby boomers. This means the current population of 65 and older persons should explode from the current rate of 48 million to almost 90 million by 2050. WHO BEARS THE COST OF GUARDIANSHIP IN FLORIDA? Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 WHAT IF I DO NOT AGREE WITH THE INVENTORY IN A PROBATEINVENTORY FORMS FOR PROBATE ESTATEPROBATE COURT INVENTORYEXAMPLE OF PROBATE INVENTORY LISTSAMPLE PROBATE INVENTORY FORMTEXAS PROBATE ESTATE INVENTORYFORMSCRIBD LOG IN
Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 DO I NEED GUARDIANSHIP IF I HAVE A POWER OF ATTORNEY Do I need Guardianship if I have a Power of Attorney in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. DEATH OF EMPLOYEE AND FINAL PAYCHECK Death of Employee and Final Paycheck. by David M. Goldman. A paycheck of a decedent belongs to the Decedents estate. Florida Employers should not cancel nor refuse to issue paychecks for employees who die. Florida Employers should follow their normal procedures. If no one checks on the status of the paycheck, it would be a good idea to send HOW DOES A STEP UP IN BASIS WORK? The capital gains tax would be a percent of the difference between the value in the year 2000 (value as of the date of death) and the value in 2017, which would be $50. Without the stepped up basis, Ben would pay the difference between the property’s value in 1945 and 2017, which would be $140 ($150 less original purchase price of $10). FLORIDA PROBATE OF TIME SHARE PROPERTY Generally timeshares are worthless and hard to sell. Since a timeshare is an interest in real estate, a Florida Probate must be used to transfer the property no matter what is done in any other state or what a will states. The only exception to this is if the timeshare was owned in a trust. Many management companies will suggest that if you HOW TO OBJECT TO THE APPOINTMENT OF THE PERSONAL Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 FORMAL ADMINISTRATION VS. SUMMARY ADMINISTRATION IN There are to main types of probate administration in Florida: summary administration and formal administration. Summary administration can only be used when the total value of decedent’s assets subject to probate are $75,000 or less, or when the decedent has been dead for FLORIDA ASSET PROTECTION: WHAT IS AN IPUG™ TRUST? HOW DOES Ponte Vedra Beach Office 822 A1A N #310 Ponte Vedra Beach, FL 32082 Phone: (904) 425-1910 Fax: (904) 875-4081 CALCULATION OF YOUR ELECTIVE SHARE IN FLORIDA Calculation of Your Elective Share in Florida. by David M. Goldman. In Florida a spouse can elect to take 30% of the decedent’s elective estate. But what was not answered is what portion of the estate is that 30% applied to? The 5th District Court of Appeal of Florida has answered this question in the case of Paredes v. McLucas . SHOULD I USE A UGMA, UTMA, 529, OR TRUST? UGMA and UTMA accounts are taxed as ordinary income and are not tax free like an ESA or 529 plan. Once the child turns 14, both the income and capital gains in the custodial accounts will be taxed at the child’s rate. The good news is there is some tax relief for children under 14. The first $950 deposited into a custodial account istax-free.
DO I NEED GUARDIANSHIP IF I HAVE A POWER OF ATTORNEY Do I need Guardianship if I have a Power of Attorney in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. FLORIDA PROBATE: WHO GETS THE ENGAGEMENT RING WHEN THE Throughout the world, the engagement ring is known as a symbol of the love shared between two people who intend to marry. Engagement rings are expensive and often one of the most valuable assets a person willowns.
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January 2, 2019
FLORIDA GUARDIAN ADVOCACY: HOW DO I REMAIN THE GUARDIAN OF MY SPECIALNEEDS CHILD?
by David M. Goldman
FLORIDA GUARDIAN ADVOCACY: HOW DO I
REMAIN THE GUARDIAN OF MY SPECIAL NEEDS CHILD? In Florida, remaining the Guardian of my special needs child upon reaching the age of majority, 18 years, requires the parent to become the legal Guardian of the child through the Court system. Becoming a guardian is a legal proceeding. Typically a family member, petitions a court to determine that the individual cannot manage his or her affairs because of a disability (a lack of capacity). A guardian is the person appointed by a court to manage the affairs of the person with the disability. The Guardian’s role is to step into the shoes of the person with the disability and make decisions for them. There are two types of guardianships for an adult defined by the Florida Statutes: Guardianship of an Adult and GuardianAdvocacy .
WHAT IS THE DIFFERENCE BETWEEN GUARDIANSHIP OF AN ADULT AND GUARDIANADVOCACY ?
Guardianship of an Adultis intended for
any adult with a disability. Obtaining guardianship of an adult can be expensive and is a more complicated process. Someone must petition a court to become a guardian and must also petition the court to determine whether the person with the disability lacks the capacity to make his or her own decisions. Determining whether an adult lacks the capacity to make his or her own decisions requires the court to appoint an examining committee to evaluate the person with the disability and file reports with the Court. Each of 3 medical professionals on the examining committee will prepare a report to inform the Court whether the person with the disabilityneeds a guardian.
Continue reading
by David M. Goldman
Posted in: GuardianshipJanuary 2, 2019
Updated: January 2, 2019 9:59 amNovember 30, 2018
THE MOST IMPORTANT JOB OF A FLORIDA GUARDIANby David M. Goldman
THE MOST IMPORTANT JOB OF A FLORIDA GUARDIAN The most important job of a Florida Guardianis to ALWAYS
act in the Best Interests of the Ward. A Florida Guardian is a person appointed by a court to take care of someone who cannot care for himself or herself. The individual who is determined to need help by the court is called the Ward. This term is the same regardless of age (Guardians of adult or Guardian of a minor). A
Florida Guardian can be appointed by a court to make the Ward’s health care decisions, to manage the Ward’s assets, or both. A Florida Guardian should always make decisions based on the best interests of the Ward. ACTING IN THE BEST INTERESTS OF A WARD’S PERSONContinue reading
by David M. Goldman
Posted in: Elder Lawand Guardianship
November 30, 2018
Updated: December 5, 2018 10:58 amNovember 16, 2018
FLORIDA GUARDIANSHIP EXAMINING COMMITTEE: WHAT MUST THE REPORTSINCLUDE?
by David M. Goldman
FLORIDA GUARDIANSHIP EXAMINING COMMITTEE: WHAT MUST THE REPORTSINCLUDE?
In a Florida Guardianship,what must be
included in the Florida GuardianshipExamining
Committee Members’ reports? This September, the District Court of Appeal for the Fourth District of Florida examined the requirements of Examining Committee Members’ reports in _Cook v. Cook_. The Florida Guardianship Process is a legal proceeding in which the Court determines whether an individual, a potential Ward, has the required mental capacity to manage his or her own affairs. The three-person examining committee must examine the potential Ward and advise the Court if a guardianship is needed. A Guardianship is established after a court decides a potential Ward does not have the requisite mental ability. In a Guardianship, an adult is given the authority to manage the affairs of the Ward. When a Court determines an individual does not have the requisite mental capacity to manage their affairs, certain rights are taken away. In most instances, more rights are taken away than when convicted of a felony. Due to the significance of taking away an individual’s rights, the Florida legislature has laid out specific requirements that must be strictly followed.Continue reading
by David M. Goldman
Posted in: GuardianshipNovember 16, 2018
Updated: November 16, 2018 9:46 amNovember 16, 2018
FLORIDA GUARDIANSHIP ABUSE: PALM BEACH GUARDIAN UNDER FIREby David M. Goldman
FLORIDA GUARDIANSHIP ABUSE: PALM BEACH GUARDIAN UNDER FIRE FLORIDA GUARDIANSHIPABUSE is
unfortunately far too common as many retirees flock to Florida for retirement. Retirees move to Florida to enjoy the beaches, sunshine and tax advantages. At any given time, there are 30,000 to 40,000 open guardianships cases being overseen by the Florida Court System. Regrettably, many of these retirees are not legally prepared for when they can no longer care for themselves. Being legally prepared for not being able to care for oneself means having advanced directives in place; a Durable Power of Attorney and Designation of Healthcare Surrogate. Not having these documents results in a guardianship beingnecessary.
A FLORIDA DURABLE POWER OF ATTORNEYallows
an individual when they can still care for themselves, to choose who will oversee their financial assets when they cannot.Continue reading
by David M. Goldman
Posted in: Durable Power of Attorneyand Guardianship
November 16, 2018
Updated: November 16, 2018 9:38 amSeptember 24, 2018
CAN A DURABLE POWER OF ATTORNEY BE SIGNED IF A GUARDIANSHIP IS NEEDEDIN FLORIDA?
by David M. Goldman
Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida? A Durable
Power of Attorney
is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as having capacity. A Guardianship is established when an adult no longer has capacity and is set up through the Florida Court System. Through the Florida Court System, a Court decides who will make financial and healthcare decisions for an individual who no longer has capacity. The person appointed to make financial and healthcare decisions for the individual is a guardian. Let’s take the following for example: Your mother’s doctor just informed you she is no longer has capacity. You need to become your mother’s guardian because she does not have a Durable Power of Attorney. However, can a Durable Power of Attorney be signed if a Guardianship is needed? In Florida, the GuardianshipProcess begins
when a Petition for Appointment of Guardianship and a Petition to Determine Incapacity are filed with a court. At the time the petitions are filed, an allegation is made that an individual no longer has capacity. Whether or not someone has capacity remains an allegation until after a court rules on the Petition to Determine Incapacity. A Judge is the only person who can determine if someone has the capacity to make their own financial and healthcare decisions. Additionally, a guardianship cannot be established until after a court makes a ruling on the Petition to Determine Incapacity.Continue reading
by David M. Goldman
Posted in: Durable Power of Attorney,
Elder Law
and Guardianship
September 24, 2018
Updated: September 24, 2018 3:18 pmSeptember 17, 2018
VA FINAL RULE CHANGEby David M. Goldman
For several years the VA has been working on changes to the rules for qualification of certain benefits dealing with transfers, a look back period, assets in trust, and income. Tomorrow the following rule change will be published, watch for some analysis on this and how it has changed in the next few days. You can download a copy of the new rule here 2018-VA Rule Changesby David M. Goldman
Posted in: Elder Lawand Estate Planning
September 17, 2018
Updated: September 17, 2018 9:13 amSeptember 17, 2018
FLORIDA POWER OF ATTORNEYby David M. Goldman
WHAT IS A FLORIDA POWER OF ATTORNEY? A Florida power of attorney is a legal document that delegates the authority for one or more persons to act on behalf of the person who creates the Florida power of attorney. The person who creates, or signs a power of attorney is the principal. The principal of a Florida Power of attorney grants one or more agents the right to act on their behalf as an agent. The document will describe the authority that the agent or agents have. A Florida Power of attorney can be for a limited purpose or grant broad powers to handle a variety of financial base transactions. WHAT IS A FLORIDA POWER OF ATTORNEY BE USED FOR?Continue reading
by David M. Goldman
Posted in: Durable Power of AttorneySeptember 17, 2018
Updated: September 17, 2018 12:21 amSeptember 13, 2018
WHAT IS THE GUARDIANSHIP PROCESS OF AN ADULT IN FLORIDA?by David M. Goldman
What is the Guardianship Process of an Adult in Florida? The GUARDIANSHIP PROCESSof an adult in
Florida refers to the court procedure whereby an individual is appointed a guardian. The Guardianship Process is the judicial remedy that allows another individual to protect and exercise the legal rights of another individual. Through the Guardianship Process, a guardian is given the ability to exercise someone else’s rights. The Ward is the individual who is has a guardian appointed to act on their behalf because they are unable to manage their property or make their own healthcare decisions. The guardian protects the Ward’s assets and makes decisions for the Ward. The GUARDIANSHIP PROCESS of an adult in Florida requires representation by a Florida Guardianship Lawyer.
The initial step in the guardianship process is to hire a Florida Guardianship Lawyer to prepare and file two separate petitions with the Court. The first petition is called the Petition to Determine Incapacity. A Petition to Determine Incapacity asks the Court to evaluate an adult’s ability to manage their assets and make their own healthcare decisions. The adult who is the subject of the Petition to Determine Incapacity is called an Alleged Incapacitated Person, or AIP. They do not become a ward until the court takes away rights.Continue reading
by David M. Goldman
Posted in: GuardianshipSeptember 13, 2018
Updated: September 10, 2018 5:19 pmSeptember 10, 2018
DO I NEED GUARDIANSHIP IF I HAVE A POWER OF ATTORNEYby David M. Goldman
DO I NEED GUARDIANSHIP IF I HAVE A POWER OF ATTORNEY in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. A Power of Attorney is also a legal tool that gives one person the ability to make decisions for another person. Both a guardianship and a Power of Attorney are generally only necessary when a person becomes incapacitated. A person becomes incapacitated when they are unable to make their own financial and healthcare decisions. The difference between a guardianship and a Power of Attorney is when and how theyare established.
IN FLORIDA, A GUARDIANSHIPcan be
established when an individual is no longer able to manage their financial affairs or make their own healthcare decisions. Guardianship can only be established through the Florida Court System. A judge decides who the guardian will be. Generally, a guardianship is used when there are no less restrictive means to make decisions on behalfof an individual.
A POWER OF ATTORNEY is created while an individual still has the ability to make his or her own financial and healthcare decisions. A Power of Attorney is a written document, usually prepared by a Florida Estate Planning Lawyer,that permits
you to choose who will make your financial and health care decisionswhen you cannot.
Continue reading
by David M. Goldman
Posted in: Durable Power of Attorneyand Guardianship
September 10, 2018
Updated: September 10, 2018 5:04 pmAugust 30, 2018
GUARDIANSHIP OF PROPERTYby David M. Goldman
FLORIDA GUARDIANSHIP: WHEN DOES A MINOR NEED A GUARDIANSHIP OFPROPERTY?
When does a minor need a Guardianship of Propertyin
Jacksonville, Florida? Under Florida Law, there are two particular types of guardianships for minors. The first, Guardianship of thePerson , is
a guardianship where someone other than a minor’s natural guardian is given authority to make health care, residence, and school-related decisions for the child. The second, a Guardianship of Property, provides a guardian with control over a minor’s assets such as moneyor real property.
Let’s take the following as an example: A minor loses his father at a very young age to cancer. Five years later, the minor loses his mother in a tragic car accident. At the time of the mother’s death, the mother had a life insurance policy of $100,000.00, which names the minor as the beneficiary. The mother also had designated her parents as the guardian of the minor upon her death. What type of guardianship(s) will the minor’s grandparent’s need to be able to care for their grandson? GUARDIANSHIP OF THE PERSON: Do the grandparents need a Guardianship of the Person? It is pretty self-explanatory when a minor needs a Guardianship of the Person under Florida Law. A Guardianship of the Person will be required whenever someone, other than the minor’s natural guardian, needs to make healthcare or school-related decisions for a minor. Accordingly, even though the mother designated her parents as the minor’s guardians in case of her death, they will still need to be appointed the minor’s Guardian of the Person. GUARDIANSHIP OF PROPERTY: When does a minor need a Guardianship ofProperty
? It is
not as apparent when a Guardianship of Property of a minor is needed in Jacksonville, Florida. When a minor needs a Guardianship of Property entirely depends on the dollar amount in question. Most guardianships of the property are required when a minor inherits money or real estate from a family member.Continue reading
by David M. Goldman
Posted in: GuardianshipAugust 30, 2018
Updated: August 28, 2018 4:59 pmNext Page
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