I just moved to Florida; is my Will still valid?

A Will executed in another state, sometimes referred to as a “foreign will”, could be valid if it was validly executed under the laws of the other state (Fl. Stat. 732.502(2)). Therefore, the answer to this question could be partially dependent on the state in which you previously lived. One exception is a holographic Will, which is a … [Read more...]

Can Probate Be Avoided?

Probate is the legal process of settling the estate of a decedent.  The probate process occurs in court.  If the decedent left a Will, the process involves proving that the Will is valid, resolving creditor claims against the estate, filing any necessary tax returns and distributing the assets to the beneficiaries according to the terms of the … [Read more...]

Ten Common Estate Planning Mistakes

Barbara Buxton, a fellow elder law attorney, recently posted an article with common mistakes made during the estate planning process. We believe these tips to be helpful and beneficial to anyone in this position. Ten Common Estate Planning Mistakes 1. Procrastination. 2. Not creating more than a Will in your estate plan. (You don't create a … [Read more...]

New Estate and Gift Tax Laws… For Awhile

For 2011 and 2012, we have an estate tax with a 35% rate and a $5 million unified-credit exemption equivalent. That means that if you have an estate of under $5 million, there will be no federal estate tax. For all wills and trusts that have been drafted with any type of formula clause, whether it is a marital-deduction formula clause or a child … [Read more...]