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Florida Probate Litigation Lawyer Blog

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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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Guardianship 101 – What you need to know and learn

Guardianship: Don’t Believe Everything You Watch on Netflix Netflix’s new sensationalist movie “I Care a Lot,” released this past February 19, 2021, might have you thinking that being a guardian may be the path to wealth and easy money. Although a scammer making a living by successfully requesting the courts…

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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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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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Imagine having earned $59 million, being age 38 and having NO control over your money or assets

Over the past few weeks, the internet has rediscovered that Brittney Spears has not had legal control over her extensive assets for 12 years. Given Brittney Spears’ celebrity status, this news made considerable waves throughout popular culture, and the hashtag #FreeBritney started to trend. People began investigating social media posts…

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