All Shook Up: Lisa Marie Presley’s Trust
In January 2023, Elvis Presley’s only daughter, Lisa Marie, died. Multiple online news sources subsequently reported that Lisa Marie’s mother, Priscilla Presley, filed documents in a California court alleging that Lisa Marie’s 2016 Trust Amendment is invalid. More specifically, online news sources reported that the trust amendment contains a misspelling of Priscilla’s name, there was […]
Ancillary Probate
Ancillary probate administration matters are secondary to domiciliary probate. Ancillary probate comes into play when a non-Florida resident dies owning real estate or other tangible property in another state, but owned property also in Florida. Chapter 734 of the Florida Statutes is the ancillary probate section of Florida’s Probate Code. The ancillary probate process would […]
Florida Probate – Public Record
A question often asked by potential clients is whether a probate case or probate court records can be somehow shielded from being publicly found in court records. The short answer to this question is no. A probate court record consists of the court-filed documents, which includes, among other things, a copy of the will, the […]
Estate tax and related planning
The estate tax affects only certain estates: in 2023 it applies to estates exceeding a taxable value of $12.92 million, which is taxed at a rate of 40%. While this does not give cause for concern to many, these figures can and do change. Estate tax is often debated in politics and it frequently changes. […]
Does a person’s debt go away when they die?
The short answer: No, the debt does not simply go away when someone dies owing a debt. Generally speaking, a decedent’s estate is responsible for paying any unpaid debts, and no one else is required to pay those debts. When a decedent dies, their assets pass to their estate, and if there is no money […]
Probate as relates to IRAs and Life Insurance
Generally speaking, the probate process in Florida begins with filing a petition for administration in the circuit court, in the county where the decedent resided at the time of their death. From there, the next step is for the court to appoint a personal representative to administer the decedent’s estate, by issuing a court order which […]
Real Estate Investment Trusts Can Help Avoid Corporate Taxes
A trust is a contract that specifies the terms in which a party is to control property or assets for the benefit of others, known as beneficiaries. The party or person in charge of the trust is known as the trustee. There are a variety of reasons and benefits to create trusts in Florida and […]
Trusts Becoming More Popular For Estate Planning In Florida
Planning one’s estate is an important endeavor, which should not be ignored. It is best to avoid procrastinating on making these decisions. Estate planning in Florida or elsewhere can come in many different forms. One form of asset protection which has seen an increase in popularity is using trusts. This method comes with a variety […]
Democrats Drop Estate Tax Change That Would Also Affect Florida
When a person dies and the decedent’s assets are transferred to another party, those assets are subject to taxation. The estate tax has been under scrutiny by lawmakers for the past several years. Some politicians want to continue the tax breaks started during the Bush administration; however, the Obama administration is proposing to end the […]
Are Irrevocable Life Insurance Trusts Still Necessary In Florida?
When planning an estate people are always trying to do whatever they can in order to avoid tax liability. One estate planning tool commonly used in Florida to accomplish this are irrevocable life insurance trusts. However, with the new estate tax threshold some experts are questioning whether life insurance trusts are still necessary. Usually proceeds […]