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Articles Posted in Real Property

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Handwritten Wills and the Importance of Witnesses – What you need to know because it is complicated

Larry King’s Handwritten Will Ordeal The recent passing of the broadcasting legend, Larry King, has resulted in his family not only mourning him but also fighting amongst themselves over his true last wishes. Larry, together with his wife, Shawn Southwick King, had executed estate planning documents in 2015, where he…

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President Biden’s potential move on Estate Tax – What you need to know now

2021 Biden Administration Proposed Tax Changes: Will My Estate Be Subject to Estate Tax? Over the course of the last several decades, the federal estate tax credit has increased to the point that only very high net-worth individuals and families need to concern themselves with estate tax planning. For the…

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Irrevocable Trusts, Revocable Trusts – A guide to understanding in Florida laws

I Made an Irrevocable Trust a Long Time Ago: Can I Change it Now? People make irrevocable trusts for many reasons, one major reason being tax planning. In order to make a completed gift for tax reasons, a donor has to part with control over the gifted asset, and making…

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Elder law, Medicaid planning and Special Needs Trusts: What happens when Medicare will not pay for long-term medical care costs?

Needs Based Government Assistance and Special Needs Trusts It is never too early to start Medicaid planning. The goal is to focus on paying for long-term medical care and protecting your assets. By planning for Medicaid to pay for an amount of long-term care, it allows seniors to pass on…

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Enforcing a contract to create a Will is complex – read the details

Contracts to Create a Will A last will and testament must be the consequence of a person’s free will (which is why they are aptly referred to as “wills”). Nevertheless, a person may execute a contract during life to include certain terms and/or beneficiaries in their will in exchange for…

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Florida Homestead Protection 101 – what to know

Homestead Protection: Can You Lose It in Probate? A person’s home (homestead) is often the most important asset in their estate plan because of the monetary and sentimental value that is inherent in a person’s main residence. Florida has special rules that govern a person’s primary residence, known as homestead…

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Real property and wills – Educate yourself on the implications of Probate proceedings

Does My Will Control My Joint Property? There are several different ways to hold real property with another individual in Florida. The three main ones are: 1) tenancy in common, 2) joint tenancy with a right of survivorship, and 3) tenancy by the entirety. The way co-ownership of real property…

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