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Estate Planning

How to Clear the Title to Jointly Owned Real Estate when Your Spouse Dies

By Asset Protection Planning, Estate Planning, Probate, Real Estate

If your spouse passes away and you owned real property with your spouse as tenant by the entirety, you need to clear the title to your real estate so it is owned by you alone as the surviving spouse through the following steps.

  • Record a copy of the death certificate with the Clerk of Court in the county where the property is located.
  • File an “Affidavit of Continuous Marriage” with the County Clerk. This form proves that your marriage was valid through your spouse’s death.
  • File an “Affidavit of No Florida Estate Tax” (or DR-312 form). A copy of this form is linked below.

Affidavit of No Florida Estate Tax

Following these steps to clear the title to your property will ensure that there are no delays when you later wish to sell the property.

Bach & Jacobs, P.A. assists clients with the transfer of jointly owned real property after a joint owner dies and can prepare the necessary Affidavits and guide you through the process to properly transfer the title.

 

February 19, 2016
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How can I ensure my pet is taken care of after my death?

By Elder Law, Estate Planning, Probate

Florida statutes allow for the creation of pet trusts which can be used to designate who will take care of your pet and leave funds necessary to do so.  The trust would appoint a care-taker and a trustee who would observe the care-taker to make sure they are following your instructions and caring for your pet as you specify.  A trust protector can also be appointed to ensure the funds in the pet trust are being spent appropriately by the care-taker.  The care-taker can be given specific instructions through the trust on how they should care for the pet on a day to day basis and how they should respond to unexpected illness of the pet.

Under Internal Revenue Code, the income of a pet trust is taxable.  The trust would be active during the entire lifespan of your pet and after the death of your pet any remaining funds would be distributed to other beneficiaries as you specify.  If you have further questions or would like to set up a pet trust, contact us at (941) 906-1231 to discuss the use of a pet trust as part of your estate planning.

February 12, 2016
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End of Life Care Plans

By Asset Protection Planning, Elder Law, Estate Planning, Guardianship, Long-Term Care

Distinct from healthcare directives such as a healthcare power of attorney or a living will, a personal care plan is a document telling your loved ones how you wish to be taken care of throughout your life if you lose capacity.  Living wills only concern end of life medical treatment but personal care plans can be used to express desires such as nursing home preferences and what types of entertainment and hobbies they should have access to.  Although on their own end of life care plans are not enforceable, their power can be strengthened by tying them to a trust and directing that the trustee use the assets in the trust to ensure your desires are met.

If you are interested in setting up an end of life care plan or healthcare directives to ensure that your later life care will be carried out on your own terms, contact Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.

February 5, 2016
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No-Contest Clauses in Florida Wills

By Elder Law, Estate Planning, Probate

Florida law does not recognize “no-contest” clauses written into wills or trusts, which means they are unenforceable in Florida courts.  No-contest clauses are written to dissuade beneficiaries from challenging the will by threating that anyone who contests the will is no longer entitled to any assets from the estate.  Even if a Florida will contains a no-contest clause, it carries no weight in a courtroom which means a beneficiary may contest a will without jeopardizing their rights to an inheritance.

If you are looking to set up estate planning documents to ensure your assets are distributed as you wish, contact one of our experienced estate planning attorneys at (941) 906-1231.

January 29, 2016
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Objecting to a Will

By Probate

After you are served a notice of administration regarding a will, you have 3 months to contest the contents or validity of the will in the state of Florida.  The objections to a will can be regarding the creator’s capacity at the time of signing, undue influence in the will’s signing, possible fraud, etc.

If you have questions about objecting to a will, contact one of our experienced estate planning and probate attorneys at (941) 906-1231.

January 26, 2016
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Does a Beneficiary have the Right to See a Will?

By Estate Planning, Probate

In Florida, if you are named a beneficiary in a will, you have the right to view the entire document and be notified of distributions of assets through probate procedures.  This right to see the contents of a will is valid after the will’s creator dies and the document is submitted to the courts.  Similarly, beneficiaries of an irrevocable trust also have the right to see the entire trust.  The lawyers at Bach & Jacobs, P.A. represent beneficiaries of Florida trusts and estates and can advise them of their rights to ensure they are protected.  Call us today at (941) 906-1231.

January 22, 2016
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Disputing a Deathbed Marriage in Florida

By Asset Protection Planning, Elder Law, Estate Planning, Probate

Florida has laws that protect high net worth elderly individuals from exploitation through “deathbed” marriages.  Deathbed marriages occur when an elderly, sometimes high net worth, individual enters into a marriage during the last days or even hours of their life.  These marriages are commonly used to exploit the elderly and to attempt to claim their assets.  Florida is attempting to protect true heirs from having their inheritance taken away by a new deathbed spouse through the “Spousal Rights Procured by Fraud, Duress, or Undue Influence” statutes.  These laws require that it be proved that the deathbed marriage was entered into voluntarily by both parties for the deathbed surviving spouse to claim rights to life insurance policies and other assets.  An interested party, such as a rightful heir, can also challenge a deathbed marriage within four years of the marriage.

If you know someone who was involved in a death bed marriage and want to know how it will affect your inheritance and the administration of your loved ones’ estate, contact Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.

January 19, 2016
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Missing Will

By Elder Law, Estate Planning, Probate

After a person dies, the original copy of their will must be submitted to the court.  If the original will cannot be found, the Florida Probate court requires that the contents of the will must be proven by providing the court with either: 1) two disinterested witnesses who testify to the contents of the will, or 2) a copy of the will and one disinterested witness who testifies to the contents of the will.

In some cases, courts have accepted copies of wills from the decedent’s attorney but each situation involving a lost will should be examined individually to determine the best course of action.

If you have questions about a lost will in Florida or your options with regard to probate and trust administration, contact one of our experienced probate and estate planning attorneys at (941) 906-1231.

January 15, 2016
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What is a “Self-Proving” Will?

By Elder Law, Estate Planning, Probate

If you have a will that will be subject to the probate process, the executor of your will must prove that the will is valid to the probate court.  Unless the will is “self proved” the witnesses to the will have to appear and swear an oath as to its validity.  This process can be simplified in Florida through creating a self-proving will by attaching a statutory acknowledgement form which is notarized and affirms the validity of the will.  This document is signed by the witness and the notary at the time the will is executed, which helps avoid the requirement that the witnesses physically appear in court later to affirm that the will is valid so it can be admitted to probate.  If you are interested in creating a self-proving will to speed up the probate process or want to learn how you can avoid probate, contact one of our experience estate planning attorneys at (941) 906-1231.

January 12, 2016
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Estate Planning with Vacation Homes

By Estate Planning, Probate

When putting together your estate plan, consider how laws in different states or countries will apply as you pass your vacation home property to your beneficiaries.  If you own real property in a state other than the state you live in at the time of your death, ancillary probate may be required to distribute this asset.  Ancillary probate is a secondary probate proceeding which is initiated in addition to the regular probate proceeding which distributes your assets in the state in which you reside.  Probate can be lengthy and expensive but it can also be avoided through careful estate planning.  With help from an experienced attorney, you can pass your vacation homes onto your beneficiaries without having the property go through ancillary probate.  To speak with an experienced estate planning attorney about probate avoidance today, contact our office at (941) 906-1231.

January 8, 2016
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