Klenk Law

Tag: Florida

My mother was a Florida resident, but died in Philadelphia. Where do I file her will?

Posted on Sat Oct 17, 2015, on Probate and Estate Administration

That will depend on what her death certificate says. If the death certificate says her residence was Florida, then only the Surrogate in Florida will probate the will. Likewise, if the death certificate says her residence was Philadelphia, then only the Philadelphia Register of Wills will probate the will. If your mother was only visiting Philadelphia when she died, then she was still a Florida resident. If she had moved up here and then died, then she is Philadelphia resident.

How do I shelter money I will leave my son from my future daughter-in-law?

Posted on Mon Aug 31, 2015, on Estate Planning

From our “Ask a Question” mailbag: My son refuses to get a prenuptial agreement, how do I shelter the money I will leave him from my future daughter-in-law?

If your son refuses to protect himself, you have other options to protect the money you leave him. Instead of leaving him his inheritance outright, through your will or Revocable Living Trust you can form a protective trust to hold his inheritance.

What’s the “Angel of Death” Tax Loophole and Why Should You Care?

Posted on Thu Jan 22, 2015, on Estate Planning

President Obama’s 2015 State of the Union Address was a throwback in some aspects. Specifically, Obama’s proposal included removing a veteran staple in the estate planning attorney’s playbook, the so-called “Angel of Death” tax loophole. Let’s take a look at exactly what the “Angel of Death” tax loophole is, and why you should care about it.

At my death I would like to leave a small gift to my Partner’s children. Does it matter what assets I leave them?

Posted on Thu Nov 20, 2014, on LGBT Estate Planning

Addressing your blended LGBT family in your estate plan is a good idea. Though you may not wish to treat your Partner’s children the same way you treat your biological children, by at least mentioning them or giving them a small gift you may avoid hurt feelings and potential conflict.

Keeping an Eye on the Personal Representative in Florida

Posted on Fri Nov 7, 2014, on Probate and Estate Administration

Beneficiaries of Florida estates will often approach us asking our help in keeping an eye on the estate’s Personal Representative (in most states this person is called an executor). This is often the result of the Personal Representative not sharing information about the estate with the beneficiary, the Personal Representative’s unreasonable delays, or when the Personal Representative’s behavior has raised the beneficiary’s concern.

Estate Planning for Newlyweds

Posted on Mon Aug 4, 2014, on Estate Planning

After months of picking out wedding cakes, perusing gowns and shopping for flowers, discussing estate planning can feel, to many people, like a doom and gloom conversation. However, having an estate plan to protect and care for your new spouse can not only strengthen your financial situation, it can also help your marriage.

As time passes, starting an estate plan will only become more complicated; children and grandchildren are born, assets change and family dynamics shift. Getting an early start on an estate plan for your new family will lay the groundwork for your future and can be tweaked as your family changes and grows.

Estate Planning for Single People

Posted on Mon Aug 4, 2014, on Estate Planning

While the single lifestyle is usually thought of as carefree when compared to married life, when it comes to estate planning a single person’s decisions and plan may prove more complicated than for a married couple. Whether you have never been married, are divorced or have outlived your partner, estate planning is vitally important to ensure that your wishes are carried out.

If a married person dies without a will, typically all the assets are held jointly so the estate passes directly to the surviving spouse. However, if singles die without a will or other estate planning documents, real estate and bank accounts are typically held only in the single person’s name. If a single person dies without a will, or “intestate”, these assets pass under the Rules of Intestacy.

Does the Trustee of a Revocable Living Trust Owe a Duty to the Settlor’s Children? The Trustee’s Fiduciary Duty, The Law Develops.

Posted on Wed Apr 16, 2014, on Revocable Trusts and Living Trusts

Trusts are becoming an ever more common part of our lives. You are not atypical any longer if you can talk about your Irrevocable Life Insurance Trusts holding large life insurance policy on your life, or how you set up an Education Trusts to hold money earmarked for the education of generations of your family. But typically, the most likely trust that you would have is the Revocable Living Trust.

No matter what trust you form, there are three components. A Grantor who formed the trust, a Trustee who holds the asset, and the Beneficiary for whom the asset is held. In a Revocable Living Trust, the Grantor, Trustee and Beneficiary are all the same person. You form the trust, you transfer your assets to the trust and you hold them for your own benefit. For discussion about why you would form a Revocable Living Trust, please read my article Is a Revocable Living Trust Right for Me?.

Common Grievances Against Probate and Estate Planning Lawyers

Posted on Mon Oct 5, 2009, on Estate Planning

An article in the October, 2008 Florida Bar Journal, written by a Florida Estate Planning Lawyer and former member of the Florida Grievance Committee, reported on the most common complaints heard by the Board against Estate Planning and Probate attorneys. This article describes how our firm guards against client complaints by addressing these issues before they arise.

Communication: The article reports that the most common complaint against Estate Planning or Probate lawyers is poor communication. Amazingly, some attorneys and lawyers simply fail to return phone calls. Our firm has a standing policy to return all phone calls within 24 hours. This policy keeps communication going with clients and, in most cases, keeps misunderstandings from arising. Most Probate and Estate Planning related cases affect clients unfamiliar with this area of the law. By answering questions and keeping clients informed we have built up an excellent practice. Satisfied estate planning clients in turn refer us to friends and family for other Estate Planning and Probate cases.

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