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Articles Posted in Opening an Estate

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Avoid Intestacy and Probate

Estate planning 101 from the late Tony Hsieh, CEO of Zappos             Tony Hsieh was the CEO of Zappos for over twenty years before retiring and taking up a series of different business ventures. Zappos is an online retailer that deals specifically with shoes and clothing on an international sale.…

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Single parents and estate planning issues

How can a single parent avoid homestead to protect a minor child?             Florida homestead laws are complex, confusing, and enormously important for homeowners with or without an estate plan. Florida homestead law applies to three categories: (1) creditor protection against reaching a primary residence, (2) property tax exemptions and…

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Your legal responsibilities as a named personal representative in estate planning documents

Est. of Pounds v. Miller & Jacobs, P.A., No. 4D21-1362, 2022 WL 39211 (Fla. 4th DCA 2022). If a will does not specify who should serve as personal representative of an estate, parties can fight over this position through litigation. But what happens if one person obtains a settlement on…

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Estate planning, trusts and genealogical services, what you need to know.

What to do with 23 and me? Recent years have seen the rise in ancestry services such as Ancestry.com and 23 and Me. After performing a simple DNA swab, these services provide the subscriber with hereditary and genealogical information that can unlock family history, medical information, and perhaps even long-lost…

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Cryptocurrencies, Bitcoin and Death

What Happens to my Bitcoin when I die? Estate Planning and Digital Currencies Cryptocurrencies have gained significant popularity over the last decade, appealing to the masses due to their decentralized nature, virtual anonymity, and enhanced security.[1] For Federal income tax purposes, cryptocurrency is treated as property, and longstanding tax principles…

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Do It Yourself Wills in Florida – be very cautious

DIY Estate Planning: Can I Make a Will Myself? While a steady drive towards technology has been growing for decades, the onset of the COVID-19 pandemic tremendously increased our reliance on technology, effectively changing the the way we do nearly everything, including estate planning. Do-It-Yourself (DIY) online services offering legal…

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Elective share in Florida – When a wife or life partner (spouse) is not included in a Will

Florida’s Elective Share: Part II Our previous blog post two weeks ago addressed Florida law regarding the protection to surviving spouses provided by the elective share from the perspective of estate planning (Elective Share – what is it and why you should know more about it). This post focusses on…

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Elective Share – what is it and why should you learn more about it?

How does Florida’s Elective Share Affect my Estate Plan? Part One. What is an “Elective Share”? In situations where the decedent’s will has left their surviving spouse very little, or nothing, Florida law protects surviving spouse’s in two major ways: The Elective Share and Homestead. While both of these laws…

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“Step-Up in Basis”, a tax law, is it fading away? What you need to know in 2021-2022

Biden’s Tax Proposal and the “Step-Up in Basis”: What it Means for Your Estate Plan or Trust A commonly utilized tax law in estate planning considerations, known as the “step up in basis,” may be in jeopardy. The “step-up,” derived from section 1014 of the Internal Revenue Code, gets applied…

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Tax planning, Estate planning, Trust documents – Be proactive now and do not regret indecisiveness in 2021

Bernie’s “For the 99.5% Act”: Is It Time to Start Thinking about Tax Planning? For the year 2021, each individual has $11,700,000.00 of estate tax credit (or $23,400,000.00 for married couples), otherwise known as the “applicable exclusion amount.” For estates that exceed the applicable exclusion amount, the tax rate is…

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