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Category Archives: Estate Planning

Durable Power of Attorney – Why does your eighteen year old need one?

Do you have children that have turned eighteen or about to turn eighteen? Do you have children that are in college or on their way to college? A few things every parent should know when your child turns 18 Did you realize that once your child turns eighteen your rights as their parent cease to exist (and this also applies to the parent of
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Should I draft my own estate planning documents?

You’ve seen the commercials with OJ Simpson’s attorney telling you to go to a certain website, put in some information, and you can prepare your own estate planning documents with the click of a mouse.  And I say – absolutely, go ahead and do that. Why would I say that?  Because, chances are very good that you will need my services when, at some
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Springing Powers of Attorney – still viable in Florida?

Springing Powers of Attorney – still viable in Florida? Very often, a client wants me to prepare a durable power of attorney for them that cannot be used until they are determined to be incapacitated.  This is because persons who serve as agents under a power of attorney have a lot of control over the principal’s assets and can use the power of attorney
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What happens to your Facebook Account when you Die?

In the last two years, there have been plenty of articles and blog posts written about this topic. Unfortunately, it does not seem like we’ve come very far in answering the question.  Facebook and Twitter still do not allow family members access to a deceased relative’s account, nor do they allow a personal representative to access the account.  The most Facebook will do is
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Why Elder Law? Why Do I Do What I Do?

Why Elder Law? Why Do I Do What I Do? Fifteen years ago today, one of the most precious people in my life passed away – my Nana, Elsie Gonzalez.  I adored my grandmother and have so many wonderful memories of time spent with her.  She was always around while I was growing up, and I remember going down to Miami to spend long
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What does the “fiscal cliff” legislation mean to you? Continued.

“Fiscal Cliff” legislation – what does it mean to you? Last month, I discussed the tax rate changes and the estate tax exemptions under the American Taxpayer Relief Act of 2012.  You should also be aware that the payroll tax holiday will not be extended meaning that the payroll tax rates will be going back up to pre-2011 levels of 6.2% (yes, that means
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Florida Homestead Law: Your Florida homestead is your castle – or is it?

Florida Homestead Law Many of my ideas for blog posts come from the phone calls and emails I receive from potential clients about legal questions they have concerning their estate planning, Florida Homestead Law, Medicaid issues for their parents, probate concerns, etc.  This month, I received three phone calls from three different clients for whom I had done estate planning in the past who have
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Gun Ownership & Estate Planning

I recently read an article by Mark Albertson entitled “Estate Planning for Gun Owners” which I think is mandatory reading for anyone who owns a gun.  I have had quite a few people over the last year contact me inquiring about a “gun trust” and how they could go about setting up such a trust.  If you are a gun owner, you should make
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What does the “fiscal cliff” legislation mean to you?

Unless you have been hiding under a rock, you’ve been hearing about the “fiscal cliff” and how our government waited until the very last minute to pass any meaningful legislation to avert us from this “cliff”.  What does this mean for the “average Joe”?  The bill addresses the Bush era tax rates, estate and gift tax rates and Medicare reimbursement, among other things. The
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Discussing Estate Planning Around the Holidays with Elderly Family Members

The holidays are always time to be with family and enjoy each other’s company. Many of us travel great distances to see relatives whom we may only get to see once or twice a year.  We visit with our parents and grandparents and listen to stories of past holidays and re-live family traditions.  We catch up on what is happening in each other’s lives
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