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Articles Posted in Estate Planning
3 Creative Ways Family Law Attorneys Can Use Trusts
3 CREATIVE WAYS FAMILY LAW ATTORNEYS CAN USE TRUSTS
By: Phillip B. Rarick, Miami Trust Attorney, and Maria C. Gonzalez, B.C.C., Family Law Attorney
The following note is a brief review of three popular trusts that can help ensure compliance with future financial obligations set forth in a Pre-Nuptial Agreement or Marital Settlement Agreement.
The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney
The Importance of Your Adult Child Naming a Healthcare Surrogate and Power of Attorney
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
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Is a Handwritten Will Valid Under Florida Law?
Is a Handwritten Will Valid Under Florida Law?
By: Jacqueline R. Bowden Gold, Miami Lakes Estate Planning Attorney
When planning for the future, a crucial step is ensuring that your wishes are respected after your death. This often involves creating a will. However, not all wills are created equal, and understanding the types of wills and required formalities is essential in Florida. One type is a “holographic will,” which is not recognized as valid under Florida law. Let’s explore what a holographic will is, why it’s not valid in Florida, and why a holographic will created in another state may still be problematic if you move to or have assets in Florida.
Keeping Peace in The Family: 5 Common Pitfalls
Keeping Peace in The Family: 5 Common Pitfalls
By Attorney Phil Rarick, Weston Estate Planning Attorney
As an estate planning attorney, I sometimes witness stressful family fights that break out upon the death of a father or mother or husband and wife. On some occasions, it’s outright family warfare! What is painful is that the family was functioning quite well before the passing of their family member. Here are five common pitfalls to avoid:
Celebrities Who Died Without a Last Will
Celebrities Who Died Without a Last Will
The Importance of Estate Planning
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
Incorporating Cryptocurrency into Your Estate Plan
Incorporating Cryptocurrency into Your Estate Plan
As cryptocurrency continues to grow in popularity, it has become an increasingly important asset class for investors. However, many people overlook the complexities involved in incorporating digital assets into their estate plans. Unlike traditional assets, cryptocurrency presents unique challenges and considerations. Here’s a guide to help you seamlessly include your crypto holdings in your estate planning process.
Big Mistake: Naming A Minor A Beneficiary
By Phil Rarick, Miami Trust Attorney
Naming a minor child as a beneficiary of a will, life insurance policy, IRA, 401K, bank account or any other source of fund is almost always a substantial mistake for four reasons:
- If the funds are over $15,000 a guardian ad litem may need to be appointed by the court for the minor to access the funds upon death or disability of the parent. See F.S. 744.301. Court costs to petition the court and secure such funds on behalf of the minor could run from $3,000 to $5,000.
Understanding Step-Up in Basis
A Crucial Tool for Estate Planning
By: Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
Step-up in basis is a tax provision in the United States that can significantly benefit those who inherit assets. By resetting the value of an inherited asset to its fair market value at the time of the decedent’s death, this provision can potentially minimize capital gains taxes when the asset is sold. Understanding how step-up in basis works and how to effectively receive it can be crucial for effective estate planning and maximizing the value of inherited assets.
6 Ways to Avoid Guardianship
By Jacqueline R. Bowden Gold, Miami Estate Planning Attorney
Many people are concerned about their family avoiding probate upon their passing, but how can you avoid guardianship proceedings? As people age, the risk of cognitive decline and physical disabilities can sometimes necessitate guardianship, where a court appoints someone to make decisions on behalf of the elder. However, guardianship can be restrictive and often perceived as a loss of autonomy. Fortunately, there are several ways to avoid guardianship and ensure that you or your elder family members retain control over their lives and decisions for as long as possible. These measures are not only essential for maintaining independence but also crucial for avoiding guardianship proceedings and reducing associated costs. Here are some effective strategies:
- Durable Power of Attorney (DPOA)