When a trust has been executed in a foreign jurisdiction by a settlor who subsequently becomes a resident of Florida, such a trust will often recite that the law of the foreign jurisdiction controls. The fact that a resident decedent leaves little or no property in the state is not…
In United States v. Windsor, the Supreme Court took a historic step towards providing equality to all, regardless of sexual orientation. While a significant victory for same-sex couples across the nation, it must also be understood that this decision is somewhat limited in scope. As the Miami Herald noted, this…
Different types of trusts offer varying levels of protection from creditors, and just because an individual is the beneficiary of a trust containing a significant amount of assets, does not mean that creditors of that individual will be able to go after those assets if the individual fails to pay…
As ABC’s hit sitcom “Modern Family” becomes a reality for many American families, the estate planning industry must evolve as the number of same-sex marriages increases. A Gallup poll released on July 29, 2013, revealed that the majority of Americans, 52%, would vote in favor of legalizing gay marriage in…
August 5, 2013, will mark the 51st anniversary of Marilyn Monroe’s tragic death due to a drug overdose in 1962. Marilyn was an extremely successful American actress, model, and singer, who became a major style icon for young women during the 1950s and early 1960s. After her death at the…
Did a hospital coerce a reclusive copper heiress to give away part of her $300 million dollar estate? That is what relatives of Huguette Clark are claimed in a suit filed in Manhattan Surrogate’s Court. Ms. Clark was admitted to Beth Israel Medical Center in Manhattan in 1991 when she…
It is still as true today as it was in 1789 when Benjamin Franklin coined the phrase “nothing can be said to be certain, except death and taxes.” Despite his best efforts to avoid falling victim to this inviolable inevitability, Japanese supercentenarian Jiroemon Kimura, who was recognized by Guinness World…
http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/8c9f13012b96736985256aa900624829/e000e018d4b1357685257bd4006aa1bc!OpenDocumentThe law applying to LLCs in the state of Florida is about to undergo a number of changes that will affect every single LLC that is currently doing business in the state of Florida, as well as those LLCs that have yet to be created by enthusiastic entrepreneurs. The Florida…
On Tuesday, June 4, 2013, a group of animal rights advocates spent their day at the Miami-Dade County Commission waiting for the final approval of the “Pets’ Trust,” only to hear that the city had deferred the decision for two weeks. The “Pets’ Trust,” which was overwhelmingly approved by voters…
This month the Supreme Court ruled that a widow was not entitled to the proceeds of her husband’s life insurance policy worth $125,558.03. The Court held that her husband’s ex-wife was entitled to the proceeds as the result of an all too common mistake-he forgot to change his life insurance…