This past Friday I was interviewed on the Rocketlawyer podcast, in which I discussed estate planning, asset protection, probate, real estate, and the rules regarding Florida Homestead. The link to a summary of the episode is here. If you want to download the MP3 directly, click here or pick it up through iTunes here. The… Read More
I’ve Been Voted one of the Top 25 Estate, Probate and Elder Law Blogs
About a month ago, I wrote that I was nominated by LexisNexis to be one of the Top 25 Estate, Probate, and Elder Law Blogs. Well, I’m pleased to announce that with your support, I’ve won, and have been named one of the top 25 Estate Planning Blogs. Now from the Top 25, the voting for… Read More
Sun Sentinel: Legal Battle Begins Over Radio Personality Neil Rogers’s Estate
The South Florida Sun-Sentinel has a story today about the coming battle over local radio personality Neil Rogers’s estate. According to the story, there are two competing wills filed in the probate case, and there are questions whether or not Rogers had testamentary capacity when he signed the second one. This case is just beginning,… Read More
American Bar Association’s Silly Study Discovers People Use Referrals, Not Blogs To Find Lawyers — Also that the Sky is Blue
This morning, the ABA Journal has a story entitled, “How People Find Lawyers: Referrals Are Popular, Blogs Not So Much, Poll Finds.” According to the story, “When potential clients do turn to online resources, they are less likely to consult social media and blogs than innovative websites. The survey question was, ‘if you needed a… Read More
Wills, Trusts, and Estates Prof Posts Article on Estate Planning for Digital Assets (Quotes Me)
Professor Gerry Beyer, who writes the Wills, Trusts, and Estates Prof Blog (which is truly the best estate planning blog), published a new article with law student Kerri Griffin entitled “Estate Planning for Digital Assets.” A link to the Professor’s blog post on the article, with the article’s abstract is here. The full article is… Read More
Even Courts Get the Homestead Rules Wrong Sometimes (especially non-probate courts)
It is a well-worn cliche among Florida estate planning lawyers that the concept of “Homestead” is a “legal chameleon,” in which there are three different meanings for the term. The first is the tax exemption that homeowners are entitled to. The second is the “devise and descent” rules – in which there is a prohibition… Read More
USA Today: How to leave stocks, bonds, real estate, or small business to your heirs
There’s a good story in USA Today today on estate planning and the estate tax entitled, How to leave stocks, bonds, real estate, or small businesses to your heirs. Like most USA Today articles, it takes complicated concepts and puts them into simple terms, including adequate, albeit brief, explantations of the annual exclusion, carry over… Read More
Why I Don’t Like Codicils
I was talking to someone the other day who wanted to change their Will, which was not originally drafted by me, and asked me if I would do a a codicil for them. I told them no. While I would be happy to draft a new will from scratch, I don’t do codicils to wills… Read More
Back to Basics: The Four Estate Planning Documents that Everyone Needs
Sometimes, posts on law blaws can get a little bit esoteric. Every now and then I think it’s useful to go back to the beginning, and set forth the documents that comprise a basic estate plan. Every single adult should have these in place, regardless of age, marital status, wealth, and whether or not they… Read More
The Defense of Marriage Act, the Marital Deduction, and the Estate Tax
Recently, the Department of Justice under President Obama has stated that they will no longer defend the constitutionality of the Defense of Marriage Act in court. What many people may not know is that the current case that prompted that decision is about the estate tax. Edith Windsor and Thea Spyer were married in Canada… Read More
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