Part of administering an estate upon a person’s passing involves the distribution of their assets to their heirs, whether that
In Florida, it is not uncommon for spouses to hold title to property separately, especially if that property was acquired outside or prior to the marriage. However, it becomes particularly problematic when that spouse passes away, because many times the surviving spouse is not included on the title, which then requires a probate proceeding to transfer legal title to them.
A topic that comes up often in estate planning is how to divide up estate assets among beneficiaries. “Should I divide up my inheritance?” “Should one child get more than the other?” As estate planning attorneys, our role is not just to prepare documents and make sure things are in place for our client’s wishes and intentions to be carried out, but to also counsel and advise our clients on the best strategies given their unique situations.
Estate planning attorneys often times run into situations where clients undermine the importance of having an estate plan. After the Tax Cuts and Jobs Acts (“TCJA”) was passed, the estate tax exemption nearly doubled to $11.18 million for single individuals and $22.36 million for those that are married. Due to the immense increase in the exemption, the market for secession planning has encountered a short decline. However, planning is necessary so that your best interests are adhered to in the event you’re unable to adhere to them yourself.
A trust is a legal agreement between the person who created the trust “settlor” and the trustee (the settlor as well), which is designed to hold assets for the beneficiary/ies of the trust. A trust can be a useful legal and financial mechanism to hold and distribute one’s assets after the death of the settlor, regardless of the amount of assets the settlor has. Below are a few of the reasons why trusts are a good idea for everyone.
Having a written Last Will and Testament is an essential part of an estate plan. It reflects all of your wishes upon your death, including who the beneficiaries of your estate are and how they are to inherit from you upon your death. Without one, you can potentially face the risk of your assets being distributed contrary to your intentions under the default laws of the state of Florida.
In order to be eligible for Medicaid in Florida, the applicant must meet the basic eligibility requirements, the medical requirements, the asset requirements as well as income requirements.
A Last Will and Testament is a legal document that allows you to decide how to distribute your assets after your passing. A Will contains the definition of assets, the names of beneficiaries, and sometimes includes guardianship designations and burial instructions. A Will also appoints an executor, or personal representative, of the will. A personal representative is someone who will pay remaining taxes after your passing and make sure the Will is being executed correctly and in accordance with your wishes.
A holographic will is a will that has been written by hand by the person that is establishing the will, legally known as a testator. A holographic will is different from a standard will because it is typically neither notarized nor signed by two witnesses and handwritten.
While the show is fictional, the reality is that succession planning is an important aspect of estate planning that should be fully integrated into your plan, especially for business owners. A solid estate plan not only provides for the disposition of your assets upon your passing but also plans for someone to take your place (a successor) when you are no longer able to perform your responsibilities due to incapacity or death.
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