Estate Planning

    Recent Posts in Estate Planning Category

    • You Can't Take It With You

      Often the poorest people leave their children the richest inheritance. Regardless of how much or how little, throughout one's lifetime we acquire some measure of prosperity. Whether it is simply family photos, an old car and a small bank account or an abundance of wealth including real estate, savings, and investment accounts, most everyone today who dies has something to leave to their loved ...
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    • When Does a Beneficiary of an Estate Require a Guardian?

      In certain cases the probate court must appoint a guardian for an estate’s beneficiary because he or she is either a minor or legally incapacitated. The guardian becomes the manager over assets left by the decedent. A common case is one where the decedent has died and the beneficiary is a minor child or an otherwise legally incapacitated person who stands to inherit the family home or other assets ...
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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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    • 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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    • The Shock and Awe of Probate

      The force which confuses or destroys an enemy's perception of the battlefield and removes their will to fight is known as "Shock and Awe" . It is similar to what many beneficiaries to an estate experience when someone dies. Upon the death of a loved one, many beneficiaries' expectations of receiving an immediate family inheritance is often paralyzed by their own shock and awe once encountering the ...
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    • Is Your Florida Durable Power Of Attorney Acceptable?

      On October 1, 2011, Florida enacted a change in the laws regarding durable powers of attorney (DPOA). In a nutshell, prior to the change it was possible to prepare a DPOA which became effective only upon your incapacity. The new law no longer allows the "upon incapacity" language, thus making DPOAs effective immediately upon execution. Although the law was designed to allow those with DPOAs ...
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    • Central Florida Lifestyle Magazine Features Jackson Montoya Law Firm on Cover

      When you read Central Florida Lifestyle magazine this month, you'll see the partners of our law firm on the cover! This is because our Orlando estate planning law firm, Jackson Law Law Firm , is the subject of the cover story for the magazine's March 2014 issue . The magazine article is titled "Together We Stand" and can be found on pages 10 and 11. Lifestyle magazine discusses our mission of ...
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    • Don't Be a Probate Statistic

      Most people believe that when they die, their spouse or children will automatically inherit their assets. If they have no children, they believe their assets will pass immediately to their closest living relatives so that having a Last Will or other form of estate planning is simply unnecessary. Nothing Could Be Farther From The Truth . In Florida, like most states, whether you have a Will or not, ...
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    • Orlando Estate Planning Attorney

      At Jackson Law, we recognize that estate planning is a subject that most people tend to avoid as long as possible. Whether they feel uncomfortable discussing the issue or if they simply do not think it is necessary for them to address the matter, a large percentage of the people who come to our office do not know as much about the subject as they need to in order to make informed decisions. For ...
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