Recent Blog Posts
What Do You Need to Bring to Your First Meeting with a Florida Probate Attorney?
When you have a scheduled consultation with a probate attorney, it is important to prepare for your first meeting. Depending on your relationship with the decedent, this may be an emotional experience and can sometimes be overwhelming, especially while coping with the pain of loss. Retaining a probate lawyer is an important step after… Read More »
Taxes in Florida: Does the State Impose an Inheritance Tax?
As of 2020, only six states impose an inheritance tax on its residents, but Florida is not one of them. An inheritance tax is a tax on assets that an individual has inherited from someone who has died. An inheritance is not necessarily considered “income” to the recipient. Moreover, Florida does not have a… Read More »
Estate Planning Considerations for Your Primary Residence vs. Rental Property in Florida
There are many assets that must be taken into account when planning your estate. These assets include bank accounts, investments, life insurance, jewelry, collectibles, and many others. No matter how many assets you have, real estate is likely one of the more valuable assets in your estate. That’s why there are many things to… Read More »
What is Medical Power of Attorney and How Does it Work?
A medical power of attorney is a type of advance directive that allows a person to name someone they trust to make healthcare-related decisions on their behalf in the event they become incapacitated or are otherwise unable to make decisions on their own. Chapter 765 of the Florida Statutes governs the legal rules regarding… Read More »
What is ‘Dead Hand Control’ in Florida Estate Planning?
The term “dead hand control” is a term describing where a testator controls their assets “beyond the grave.” Essentially, you can have “dead hand control” in a Will or other estate planning documents in order to require a beneficiary to meet certain conditions before they are allowed to inherit assets from your estate. For… Read More »
What Are the Pros and Cons of Holding Property in a Trust for Children?
Upon your death, you have many options on how to leave assets to your loved ones. Most people understand that you can leave your assets “outright” to your children (or other loved ones), or you can leave them “in trust.” Leaving assets “in trust” can be complicated so it is important to understand the… Read More »
Estate Planning for Business Owners: What Happens if You Don’t Have a Succession Plan in Florida?
The mere thought of death can be overwhelming, which is not surprising why many people are reluctant to think about their own death, let alone plan for it. But if you own a business, you need to understand that without a succession plan, your business may die with you. If you own a business,… Read More »
How Can a Spouse Be Disinherited in Florida?
In Florida, you may attempt to disinherit your spouse through a Will or other estate planning vehicles. If parties are separated but choose to remain legally married for some reason or are in divorce proceedings, one spouse may try to disinherit their partner. However, the law provides great protection for spouses so it may… Read More »
Legacy Protection Lawyers, LLP named as a top Florida firm by U.S. News and World Report and Best Lawyers®
Legacy Protection Lawyers, LLP, is pleased to announce that the firm has been recognized as a top Florida firm by U.S. News & World Report and Best Lawyers®. The regional recognition as a firm is a Tier 2 in Litigation – Trusts & Estates, and a Tier 3 in Trusts & Estates Law. Only… Read More »
What Are the Duties and Responsibilities of a Personal Representative in Florida?
When creating a Will, many testators name their spouse or child to serve as the Personal Representative (called an “Executor” in many other states) of their estate. However, choosing someone to be the Personal Representative of your estate is not necessarily an “honor”; it is a job! You must ensure that the selected person… Read More »