Florida Estate Planning Lawyer Blog

7 Documents you Want Prepared Before you Die

Thu, 02 Feb 2012 08:01:38 -0500

You have heard it all before again and again. The reason for the repetition is . . . there really are 7 estate planning documents that should be prepared before one dies.

A Jacksonville Estate Planning lawyer will provide you with story after story that have no happy endings. These stories begin with people who talked about contacting a lawyer to have legal documents prepared, but never did.

The documents you need to consider today are:

Last Will and Testament: This document allows you to name a guardian for your minor children in the event of your death, distributes your property to the people you want to inherit, allows you to donate to charity, among other provisions.
Living Will: If you remember the Terri Schiavo Florida case, you will recall 7 years of court battles regarding life-prolonging procedures keeping Terri alive, after being diagnosed as in a persistent vegetative state. If a Living Will (which allows you to declare what, if any life-prolonging technology you desire) was in place, this costly, exhaustive and emotional fight would never have happened.
Do-Not-Resuscitate Order (DNR): This document is state specific and it must be prepared in strict compliance with Florida Law. If prepared properly, it alerts medical professionals not to perform cardiopulmonary resuscitation on a patient when he/she stops breathing or the heart stops beating in specific medical conditions (end state renal disease, terminal cancer).
Designation of Health Care Surrogate: This document allows you to name the person(s) you want to make health care decisions for you in the event that you are incapacitate or too ill to make these decisions yourself. If this document is not in place, the default health care substitute chosen may very well be someone you do not want to serve.
Authorization to Release Health-Care Information: We have all heard of HIPAA (Health Insurance Portability and Accountability Act of 1996). This federal privacy rule provides protection for personal health care information. This law is so strict that if you have not executed a HIPAA Release even your health care surrogate or proxy will be unable to obtain and review your records.
Trust Documents: There are numerous trusts for different types of situations. In general terms, a trust is utilized whereby property is held by one party for the benefit of another. For a listing of the various trusts available and their purpose, visit Jacksonville Trusts Attorney.

Letter of Instruction: This document can be as simple or detailed as you desire. It can contain directions as to your burial and cremation wishes, organ donation wishes, and who you would like to care for your pets.

Don't let another day pass, contact a Jacksonville Estate Planning Lawyer.

Jacksonville Beach Estate Planning Attorney for Gay and Lesbian Parents

Tue, 31 Jan 2012 15:31:21 -0500

Raising and caring for your children is difficult enough without the additional complications that arise when you are bringing up children in a same-sex relationship. Inherent rights afforded to "straight" or heterosexual couples are non-existent for gay couples. The lack of legal rights for those in relationships not recognized by the State of Florida, will effect your property rights, your health care decisions, the distribution of your assets after death, and most importantly, your children.

If you are not the legally recognized or biological parent of a child, there are several legal documents you can utilize to provide you the authority you need.

A Last Will and Testament will enable you to name your choice of guardian for your minor child in the event of your death or incapacity. A Pre-Need Guardian Designation lends additional proof of your choice of guardian for your child(ren). An Authorization and Power of Attorney for Child Care will enable the person of your choice to have the authority to make decisions for and care for your children when you are unavailable. Unavailable may mean incapacity, or being out of town, or otherwise engaged elsewhere.

For additional documents and methods of ensuring that the "non-legal" parent's relationship with his or her children are protected, contact a Jacksonville Gay and Lesbian Estate Planning Lawyer to schedule a time to talk.

When if Formal Notice Used in a Florida Probate

Tue, 31 Jan 2012 08:51:58 -0500

There are certain times when a Probate case can use Formal Notice to reduce the time required and other times when it is required. Formal notice is defined by the Florida Probate Code to be notice which is sent by via certified mail to each interested person. Sometimes notice can be by publication when the whereabouts of a particular interested person or entity cannot be determined. This notice by publlication requires a much longer time period to the party to object than the 20 days when an interested party is serverd by formal notice. Some examples of when Formal Notice can or will be used include:

Petition for Administration
Petition to Determine Beneficiaries
Petition to Revoke The Probate of A Will
Petition to Probate Lost Will
Petition to Construe Will
Petition to Remove A Personal Representative
Petition to Surcharge Personal Representative
Petition to Cancel a Devise

Is Non Probate Seperate Property That Increases in Value During a Marriage Part of the Elective Share Calculation?

Mon, 30 Jan 2012 20:40:40 -0500

The 2nd District Court of Appeals for Florida held in McDonald v Johnson that the increase in a company stock value that happened during the marriage can be used to determine the value of an elective share calculation. The lower court ruled that the surviving spouse had no right to discovery of a company's financial information because the company stock was not subject to probate. The 2nd DCA found that Section 742.2155(6)(c) excluded nonmartial assets as defined in Section 61.075. Because the increase in value of an asset that happens during a marriage is a martial asset, they concluded that the spouse was entitled to do discovery that was necessary to determine if it would be to her benefit to claim an elective share.

Section 732.2155(6) provides as follows:
Sections 732.201-732.2155 do not affect any interest in property held, as of the decedent's death, in a trust, whether revocable or irrevocable, if:

(a) The property was an asset of the trust at all times between October 1, 1999, and the date of the decedent's death;
(b) The decedent was not married to the decedent's surviving spouse when the property was transferred to the trust; and
(c) The property was a nonmarital asset as defined in s. 61.075 immediately prior to the decedent's death.

The courts reasoning is as follows:

We conclude that the fact that section 732.2155(6)(c) cites to section 61.075 without a specific citation to the subsection defining nonmarital property indicates the legislature's intent that the entire statute, which defines both marital and nonmarital property, is to be considered in determining whether the property in the revocable trust was nonmarital at the time of death. The definition of marital assets includes "[t]he enhancement in value and appreciation of nonmarital assets resulting either from the efforts of either party during the marriage or from the contribution to or expenditure thereon of marital funds or other forms of marital assets, or both." § 61.075(6)(a)(1)(b), Fla. Stat. (2010). In other words, if the value of the MCC stock in the decedent's revocable trust increased pursuant to the terms of section 61.075(6)(a)(1)(b), that increase would not be excluded from the elective share under section 732.2155(6)(c). Thus, to the extent the information sought by the surviving spouse is necessary to her determination whether the MCC stock value was enhanced during the marriage due to the efforts of the decedent, it is relevant.

Gay Marriage a Looming Possibility in Washington State

Sun, 15 Jan 2012 20:37:23 -0500

Florida Gay couples await the possibility of a seventh state to legalize gay marriage, as the Washington State Governor introduced legislation on gay marriage early this month. At a news conference Governor Chris Gregoire stated, "Our gay and lesbian families face the same hurdles as heterosexual families - making ends meet, choosing what school to send their kids to, finding someone to grow old with, standing in front of friends and family and making a lifetime commitment."

For gay couples all over the country, including Florida, a state marriage license is very important. It gives same-sex couples the right to enter into a marriage contract in which their legal interests, and those of their children, if any, are protected by civil law.

For now, those in gay relationships in the Sunshine State will have to make do by protecting their own interests. This can be accomplished through a variety of legal documents. If you are a lesbian or gay man living in or around Jacksonville, Florida, take time to contact a Jacksonville Gay and Lesbian Issues Lawyer who focuses on LGBT documents to ensure that your rights, whether they pertain to health care, property, or your death are protected.

Tortious Interference with an Expected Inheritance in Florida

Wed, 04 Jan 2012 15:50:18 -0500

Often before the death, a spouse or someone else in control of assets attempts to rearrange the assets so that it will benefit them and in doing so it can interfere with the desires of the decedent.

In these situations, the prospective beneficiaries who have been damaged have the right to bring a cause of action against the person who manipulated the decedent's assets.

Some examples of this type of activity include cashing out insurance policies, paying bills our of one account but not another, removing funds from one account and transferring them to another in which they are the beneficiary. Selling or disposing of assets that would go to one beneficiary and converting them to cash what is distributed in another manner.

In a recent appeal over this issue it was made clear that it is not enough to have shown that someone engaged in this type of wrongful activity, but also must provide legally admissible evidence of the damage that was caused to the beneficiaries. Failure to show damages, a required element of the claim, subjected the case to a directed verdict and final judgment of dismissal.

If you are considering a claims against someone who has interfered with your expectancy, you should contact a Florida Estate Planning Lawyer who understands the elements of the cause of action as well as the ability to gather and introduce legally admissible evidence.

How do I file a Claim Against a Florida Trust?

Thu, 22 Dec 2011 13:44:32 -0500

In Florida, a creditor may open a probate to reach assets of a decedent which were kept in a trust. The trustee of a decedent's trust is responsible to file a notice of trust with the probate court. If you are unsuccessful in having the trust pay the debts directly, you can open a probate on behalf of the estate, file your claims and are entitled to be reimbursed for the legal expenses related to the opening of the probate. See Florida Statute 736.05053. Remember that failure to file a claim within 2 years of the decedents death can waive your rights to file a claim in the probate court.

If you are owned money by a decedent and can not figure out how to file a claim, contact a Florida Estate Planning Lawyer to discuss your options.

12 Laws of Christmas - Day 8 Save $250 on Domestic Violence Issues

Tue, 13 Dec 2011 04:01:26 -0500

12 Laws of Christmas - Day 8 Save $250 on Domestic Violence Issues

Just because it is the holidays doesn't mean domestic violence incidences come to a screeching halt. In fact, the opposite can be true. Many reports suggest that domestic violence rates increase during the holidays.

If you find yourself this holiday season in the unfortunate position of dealing with or needing an injunction (commonly known as a restraining order) Contact a Jacksonville Family Law Attorney for more details on this offer. To read more about domestic violence, divorce, family law, child support, or child custody visit the Jacksonville Divorce Attorney Blog

The Apple Law Firm has decided to do 12 great specials for our new and existing clients. Some of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

12 Laws of Christmas - Day 7 File Chapter 7 and Save $500

Mon, 12 Dec 2011 04:00:47 -0500

12 Laws of Christmas - Day 7 File Chapter 7 and Save $500

December is often a hard time for families to pay their bills. Often in January, people begin to think about filing bankruptcy. This can be a problem because one of the things that must be done prior to filing a bankruptcy is to have filed all previous tax returns including the current year. It is virtually impossible to file your tax returns in January for most people. To reward those who file by the end of the year, we are offing a $500 discount on Chapter 7 Bankruptcy filings. Court fees and costs are not included and generally run $301. To find out more about filing bankruptcy contact a Jacksonville Bankruptcy Lawyer or visit our Jacksonville Bankruptcy Lawyer Blog.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

12 Laws of Christmas - Day 6 Save $500 on Divorce

Sun, 11 Dec 2011 04:00:02 -0500

12 Laws of Christmas - Day 6 Save $500 on Divorce

Considering divorce and want a fresh start for 2012? Apple Law Firm wants to help you make the transition from married to single life as seamless and stress-free as possible. Thus, we are offering $500 off fee agreement which involved a divorce until the end of the year. Contact a Jacksonville Family Law Attorney for more details on this offer. To read more about divorce, family law, child support, or child custody visit the Jacksonville Divorce Attorney Blog

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

12 Laws of Christmas - Day 5 Injured Over the Holidays Save with lower legal fees.

Sat, 10 Dec 2011 04:00:51 -0500

12 Laws of Christmas - Day 5 Injured Over the Holidays Save with lower legal fees.

As the Holiday season approaches Apple Law Firm's Personal Injury Attorneys would like to offer our new clients an opportunity for a Free Consultation and a Reduced Contingency Fee agreement of only 25% maximum. Note fees and costs are extra as with any PI case. This is 15% below the normal contingency fee and represents a significant reduction legal fees which could result in more money in your pocket. This offer applies to any new Jacksonville Personal Injury case with a signed fee agreement. Don't let the Holiday season get the best of you, contact us today!

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

Will Contests: Are Foreign WIlls Valid in Florida?

Fri, 09 Dec 2011 09:56:39 -0500

In Florida a Will must be in writing, signed by the signed by the testator and authenticated by two witnesses. Florida does not recognize holographic wills that are valid in another state if they do not meet the above requirements. Other than holographic wills, Florida will recognize a will that was validly created in another country.

Therefore a foreign will other than a holographic will is valid in Florida and holographic wills created in anther state or country which are signed by the testator and authenticated by two witnesses are also valid in Florida.

There are three ways in which a will can be contested in Florida.

Undue Influence;

Testamentary Capacity;

Failure to Execute with the Required Formalities.

The above example would involve Failure to Execute with the Required Formalities.
Florida Statute 732.502 defines the requirements that a testator must follow to create a valid will. Carefull attention need to be paid to a will that was not executed in Florida, or an old will to make sure that the requirements were followed at the time the will was created and not necessarily the current requirements.

In addition, a foreign will could be challenged under testamentary capacity. To have the proper testamentary capacity to make a will in Florida you must be of sound mind and either an emancipated minor or more than 18 years of age. Sound mind is having the mental ability to understand the making of a will, knowing what your assets are, and being able to choose who is going to receive them. You do not have to understand it later, but only have a lucid moment at the time you execute the document. If there is a question about mental capacity, it is a good idea to ask questions, and document the answers at the time the will is signed to create evidence of mental capacity for any future dispute.

The third type of will contest deals with undue influence. This happens when a beneficiary or another person causes a person to change a will to the detriment of another person. These are very hard cases to prove but do occur. Often a family member, caregiver, friend, or neighbor with access to a person can cause them to change a will with undue influence.

If you are considering contesting a will in Florida, you should discuss your situation with a Florida Estate Planning Lawyer to determine what your options are.

12 Laws of Christmas - Day 4 Gun Trust $100 off

Fri, 09 Dec 2011 04:13:00 -0500

12 Laws of Christmas - Day 4 Gun Trust $100 off

Interested in a Gun Trust or one of our new Asset Protection Gun Trusts? This special is for today only. If you contact us by email or telephone today, we will knock $100 off the price of your Gun Trust. To learn more about what a Gun Trust is visit the Gun Trust Lawyer® Blog If you contact us after hours on Dec

The Apple Law Firm has decided to do 12 great specials for our new and existing clients.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

12 Laws of Christmas - Day 3 Foreclosure Defense Pay 2 Months get one Free

Thu, 08 Dec 2011 04:09:48 -0500

12 Laws of Christmas - Day 2 Foreclosure Defense Pay 2 Months get one Free

This special is for any new or existing Foreclosure Defense clients and can offer you a substantial discount and save you a substantial amount of money. While we understand that not everyone will be able to take advantage of the offer, for those of you who can it should be considered. If you pay for 2 months of Foreclosure Defense we will give you a credit for an additional month at no charge. For more informaiton on Strategic Default or Foreclosure Defense in Florida, please see the target="_blank">Florida Foreclosure Defense Lawyers Blog.

The Apple Law Firm has decided to do 12 great specials for our new and existing clients. Many of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

12 Laws of Christmas - Day 2 Criminal Defense $500 off retainer

Wed, 07 Dec 2011 04:06:35 -0500

12 Laws of Christmas - Day 2 Criminal Defense $500 off retainer

If you or a family member has been accused or are under investigation for a Crime and are looking to hire a Florida Criminal Defense lawyer to represent you, we have an offer that may make it easier to hire an attorney around the end of the year. The Apple Law Firm is offering to reduce any new retainer by $500 for representation for a felony or misdemeanor crime. For more information, you may review the Jacksonville Criminal Defense Lawyers Blog.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.