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Category Archives: wills

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A Closer Look at Living Wills

By Eric Millhorn |

A living will is one type of advance directive that makes up part of a complete estate plan. With this document, a client can decide ahead of time what kind of lifesaving treatment he or she wants in the event of incapacity. Many clients are grateful for the control that a living will provides… Read More »

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How to Find a Will

By Eric Millhorn |

Writing a will is technically optional under Florida law. If a person dies without a will, then his or her estate will be distributed to heirs under Florida law. Of course, we recommend that everyone create an estate plan, which might include a will. However, according to USA Today, almost 2 out of 3… Read More »

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Aging on Your Own

By Eric Millhorn |

Unlike their parents’ generation, many Baby Boomers have never had children. As a result, they face the prospect of growing old alone, especially if they are divorced or have never married. There is no reason to fear growing old alone, but you do need to be especially organized. The sooner you begin making plans,… Read More »

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Should You Have a Letter of Instruction?

By Eric Millhorn |

A comprehensive estate plan should include a will or trust as well as advance directives, like a living will and a designation of health care surrogate. Another helpful estate planning tool is the letter of instruction, though few have it. Unlike the other documents mentioned above, a letter of instruction is not legally binding…. Read More »

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Is it Time to Update Your Advance Directives?

By Eric Millhorn |

Advance directives like living wills and powers of attorney are an essential part of any estate plan. Should you become incapacitated, you will need someone to manage your finances and make healthcare decisions for you. However, many people fail to update their advance directives as circumstances change, and as a result they are not… Read More »

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Intestacy: What Happens If You Die Without A Will

By Eric Millhorn |

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 »

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How A Pour Over Will Can Protect Your Privacy

By Eric Millhorn |

At Millhorn Elder Law Planning Group, some of our clients are surprised to find out that probate is a public proceeding. Not only is your will filed with the court, but any member of the public can research probate records to find out how many assets you had at death and who you left… Read More »

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Estate Planning Considerations For Your Family

By Eric Millhorn |

If you are planning on getting married or expanding your family in 2018, you also need to review your estate planning needs and make appropriate changes. After your wedding, you should revise your will and ensure that your spouse is included in your division of assets. Your spouse will have opportunity under Florida law… Read More »

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Administration Of A Foreign Will In Florida

By Eric Millhorn |

Many people consider Florida a prime location to move after retirement. Because these people may have spent their adult lives in another state, it is likely that they already have their estate planning documents, such as wills, drafted in another state before they move to Florida. If a person dies after residing in Florida… Read More »

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Handling Business Interest As Part Of An Estate Plan

By Eric Millhorn |

Transferring ownership interest in a business can be complicated and require the considerations of how the sale of a business interest will affect multiple aspects of the owner’s life, including estate planning. Business owners in Florida should consider the use of buy-sell agreements in combination with a trust to pass on the proceeds of… Read More »

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