Category Archives: Estate Planning
Choosing A Successor Trustee
A revocable living trust can be an important part of any estate plan. When creating the trust, you appoint yourself as trustee to oversee the management of the trust assets. But what happens when you die, or if you become incapacitated and can no longer make decisions? In these situations, someone else needs to… Read More »
Use A Spendthrift Provision To Protect Heirs From Creditors
One concern many parents have when creating an estate plan is whether the assets they leave their children will be wasted. It is a sad reality that some children are not as responsible as we would like. They either get deep into debt, or they have civil judgments against them after being sued. Wouldn’t… Read More »
How Long Does Probate Take?
Probate is the process of winding up a deceased person’s estate under the supervision of the probate court. As part of the process, the judge will need to find that a person has died and pass on the validity of any will that the person created. The probate judge also names a personal representative… Read More »
Watch Out For Funeral And Burial Scams
Seniors are a favorite target of scammers, who hope to cheat and swindle you out of your hard-earned money. As a result, there are many scams that target seniors, including financial, health care, and pet scams. But scams involving funeral and burial expenses are on the upswing. These scams often target people who are… Read More »
Lawsuits Against Personal Representatives
The personal representative of an estate is charged with many important tasks, such as safekeeping estate assets and paying off debts. Because this person has such control over estate assets, the opportunity for them to steal or waste assets is very great. At Millhorn Elder Law Group, we receive many questions about whether a… Read More »
Intestacy: What Happens If You Die Without A Will
By writing a will, you take control of who will receive your property when you die. However, many people continue to go without any sort of estate plan, so when they die their property is distributed according to Florida law. This is called dying “intestate.” Florida’s intestacy laws will determine who takes a share… Read More »
Three Common Probate Problems
For some estates, probate will be a seamless process. If the estate is very small, then there might not even need to be probate. Instead, the estate can be wound up using disposition without administration. Other estates can take advantage of a “summary administration,” which makes the probate process quick and easy. However, other… Read More »
Do You Own Stocks? Leave Them To Heirs In Your Will For Tax Savings
Estate planning is complicated, particularly thinking through the tax consequences of leaving property to your heirs. Fortunately, few estates will need to pay federal estate taxes, and Florida does not have an inheritance tax. Nevertheless, leaving stocks and other assets to people in your will can reap significant tax advantages. Capital Gains Tax When… Read More »
The Dangers Of A Do-It-Yourself Estate Plan
Many seniors like the independence of doing things themselves and enjoy saving money in the process. However, your estate plan is definitely one area where you need a professional’s help, even if it costs a little bit of money to get it. Below are some of the landmines you can step on if you… Read More »
Four Avoidable Trust Mistakes
A trust is a helpful estate planning tool. With a trust, you sign over assets to be managed by a trustee, who manages them on behalf of the trust’s beneficiaries. As an alternative to a will, a trust can help reduce the size of your estate and allow you to avoid estate taxes at… Read More »
