Welcome to Our Blog

  • Include Digital Assets In Your Estate Plan

    Not long ago, it was difficult to access someone else’s bank or financial accounts during their incapacity without, at a minimum, a written notarized durable power of attorney. Today, such authorization may require nothing more than an on-line internet password as more and more the world becomes paperless. Incapacity is one thing, but if someone dies, assets managed by on-line internet digital ...
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    Examples of Probate & Children Out of Wedlock Happily married for over 20 years with 3 wonderful girls, my wife and I recently learned of a child of mine who was born out of wedlock 34 years ago to a former girlfriend who I dated briefly in my teens. Unaware my former girlfriend was pregnant when I last saw her, I was shocked to learn that I was the father of her son, now in his 30’s. Upon ...
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  • 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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  • Should I Have A Pre-Nuptial Agreement?

    German philosopher, Friedrich Nietzsche said of marriage, "it is not the lack of love, but a lack of friendship that makes unhappy marriages." Albert Einstein said of marriage, "Men marry women with the hope they will never change. Women marry men with the hope they will change. Invariably they are both disappointed." Marriage is supposed to be that divine moment which begins with so many good, ...
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  • Changes to Health Care Surrogate Law

    In a previous newsletter to our clients, we informed you about Florida's law governing Health Care Surrogates that was revised to provide greater flexibility. The new law gives you the option of naming one or more surrogates to assist in managing your health care decisions even if you are competent to do so yourself, rather than only at a time of incapacity. Of course, if you choose this option, ...
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  • Future Lawyers Shout Out To Lisa Lye And Elisa Mendes

    Jackson Law is proud to announce that two of its firm’s paralegals have decided to become lawyers. Lisa Lye , who joined our firm in 2006, and Elisa Mendes , who joined our firm 2013, are both graduates from the University of Central Florida. Lisa earned a BS in Health Services Administration and Elisa earned both a MA and BA in Interpersonal and Organizational Communications. Lisa is now enrolled ...
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  • Florida Homestead Rules

    If you own a home in Florida, no doubt you have heard the terms, homestead protection or exemption. But, do you know what those terms mean and how you and your family are affected? Florida is one of a few states that offers homestead protection. The rules governing homestead protection or exemption apply in the following 3 contexts: exemption from real estate taxes, creditor protection and ...
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  • Guardianship Fraud

    Elder Abuse Is On The Rise According to the United States Census Bureau, due to the large number of baby boomers, America’s 65-and-over population is projected to nearly double over the next three decades, exploding from the current 48 million to over 88 million by 2050. And based upon the population within each state, Florida has the largest percentage of elderly persons. Florida is already one ...
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  • Should Last Wills or Revocable Trusts Be Changed

    Estate documents such as a last will or revocable trust are living documents. Although the purpose of a last will or revocable trust is to provide for what happens to your estate after you die, as you encounter changes during life your estate documents should be amended to keep up with these changes. Don’t make the mistake of storing away your will or trust and forgetting about it. Be sure that ...
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  • Court Ordered Partition of Real Estate

    During a probate of a decedent's estate, there are often warring aftermaths by the heirs over the assets remaining. One such aftermath frequently involves real estate property such as the family home. It is not uncommon that when someone dies and leaves real estate to more than one child, the children cannot agree on what to do with the inherited property once the probate is discharged. One child ...
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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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  • Ancillary Probates

    Our law firm is often requested by both lawyers and clients from other states to manage an ancillary probate administration in Florida. Jackson Law represents clients needing probate administration throughout the entire state. Ancillary probate is not to be confused with other types of probate. What is Ancillary Probate? Ancillary probate t is the administrative process used to transfer property ...
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  • 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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