Posts Tagged ‘Florida Will’

Drum Roll….And the best state to die in is…

Thursday, January 26th, 2012

Not too many people give any thought to their choice of state residency relative to the estate tax.  Sure, plenty of folks decide to live in states like Florida because we have no income tax (although anyone who lives here knows that you get taxed in many other ways – high sales tax, license fees, etc).  How about deciding where to live based on potential estate tax?

Most of us know by know that the federal estate tax exemption is large.  $5.12 million for 2012, up from $5 million in 2011, due to indexing for inflation.  What about state estate tax exemptions?  Before 2005, Florida had an estate tax that was often called the “sponge” or “pick-up” tax, which was the amount that was allowed as a state estate tax deduction on the federal estate tax return.  For the time-being, there is no state estate tax deduction allowed on the federal estate tax return, which means that Florida does not collect an estate tax.

Many other states followed that rule, so that their tax revenues took a dip.  To address that, certain states enacted a stand alone estate tax.  You can review this map to learn about those exemptions, and perhaps pick your new state of residence.   For more information, this Forbes/MSN article is worth a quick read.

Mediation Services

Saturday, January 21st, 2012

I am pleased to announce that I am now certified by the Florida Supreme Court to mediate cases in the circuit court.  For many years, I have “mediated” informally disputes among families, in particular in a probate administration.  In doing so, I became aware of my ability to help others understand their positions, both the good and the bad, so that they could make a decision to resolve their disputes.

With this certification, I can now pursue a formal mediation practice.  I plan to offer mediation services in the areas that give me the most joy as an attorney: estate administration and business law.  More will follow, as we work to update our site to include this new service.

Giving the Gift of Peace

Saturday, December 17th, 2011

Last week one of my clients called to ask if I could meet with his children to help them with their estate plan.  Of course, I said I would be happy to help!  He added that he wanted to pay for their planning as a Christmas gift.

His children are ages 21 and 23, and while they don’t have much in the way of assets, he figured that they at least needed the basics – a Florida Last Will & Testament, Durable Power of Attorney and Designation of Health Care Surrogate.  The truth is, once a child reaches age 18, a parent can no longer make legal decisions for them.  What happens of your 19 year old daughter is in a bad car accident?  Who can talk to the doctors and pay her bills (using her bank account) while she is incapacitated?  Without difficulty, no one can really act.  If she was incapacitated for any period of time, a court appointed guardian could be required.

These issues are alleviated by gently suggesting to your adult children that they pursue some basic estate planning.  Presumably, they will name one or both of their parents as a financial agent and medical surrogate.  Also, a simple Will can be better to outline the wishes for the disposition of their assets.  If they get married later, logic would suggest that their spouse would take on the agent and surrogate roles.  Regardless of the individual named in these types of documents, having them in place will give peace of mind for both parents and their children.  Best of all, this type of estate plan does not have to be expensive!

It’s a different kind of gift for Christmas, but I think its a pretty thoughtful and loving gift.  As always, we are here to serve.  Merry Christmas!