2015

    Blog Posts in 2015

    • Protect Your LLC Against Probate

      In a recent case decided in January 2015, Blechman v. Estate of Blechman, the Florida District Court of Appeal held that the provisions of a particular Limited Liability Company's (LLC) operating agreement governed the transfer of a decedent's ownership interest in an LLC at death instead of transfer by the provisions of his Last Will and Testament. So What Does This Mean ? In part, it means that ...
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    • A House Divided

      Woes of Probate Is it true that when my husband dies our home automatically transfers to me even though my name was never included on the property deed ? There is no simple Yes or No answer. FLORIDA HOMESTEAD LAWS can be very complicated and problematic for intended heirs. Consider the following client example. When Mary married Joseph he owned his own home outright. It was Joseph's second ...
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    • "Poof" It's All Gone

      "Poof" It's All Gone Lost Legacy Like magic, first you see it, think it's real and "Poof" It's All Gone . Our firm is often asked the following question . If my mother or father remarries and dies before their new spouse, what happens to any assets they acquired and owned before they remarried? The answer lies in whether or not they commingled their assets . We spend our entire lives ignoring or ...
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    • Gimmie Wars

      Woe's of Probate Gimmie the gun collection. No, dad and I hunted together, not you, and he wanted me to have the guns when he died. Gimmie the coin collection. No, mom and I started that coin collection together when I was a little girl and she said it would be mine when she died. Gimmie the car. No! Gimmie the house. No! Gimmie this and gimmie that. No..No..No! It turns into the Gimmie Wars and ...
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    • Predicting The Unpredictable

      What Are Ancillary Documents? During the course of your lifetime, if you think you can predict the unpredictable you would be wrong . Have you and your family prepared for disastrous events that could suddenly occur and cause irreparable harm to your finances, health or family? Most likely you have not. It is bad enough that less that 45% of the adult population in the United States ever does any ...
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    • What Is A Life Estate Deed?

      Client's often ask, "Is there a simple way of passing the ownership of my home at death to my beneficiaries without the need for probate courts and attorneys?" In Florida, Texas and Michigan the answer is yes. These 3 states have what is referred to as an " Enhanced Life Estate Deed ." Although 18 other states have some form of life estate deed, at this time only Florida, Texas and Michigan enable ...
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    • What Is A Court Appointed Guardian?

      Martha, a 75 year old widow, fell in her own home and was unable to get up. Two days later, Martha's next door neighbor happened to hear yelling and crying coming from Martha's home. The neighbor peered in through a window and immediately recognized that Martha needed help and called 911. The police and an ambulance arrived, entered the home and carried Martha to the hospital emergency room. ...
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    • Avoid the Probate Canyon

      Jacob and Michelle, who were married with two minor children. Unexpectedly both were killed in an automobile collision. They had no last wills. It was impossible to determine who died first, and each person is presumed by law to own half of all of their assets, so both estates had to be probated. Because the children were minors, a court-appointed guardian was required to manage the estates until ...
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