Recently, the Florida legislature has addressed the issue of fiduciaries’ ability to access digital data, which can include things such as emails and social media postings. On July 1, 2016, the Florida Fiduciary Access to Digital Assets Act went into effect and it applies to estate planning documents regardless of when they were signed. This act is found in Chapter 740 of the Florida Statutes. Individuals, estates, trusts, and businesses can direct who may have access to their digital assets and electronic communications and to what extent those communications may be available to a fiduciary. Those persons can express their wishes in a Durable Power of Attorney, Trust or Will.
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Posted in Real Estate Law
As our community looks toward recovering from Hurricane Matthew, we would like to share a few important reminders. While the task of taking care of your property may be overwhelming, remember to take care of yourself by keeping the following in mind:
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When the State of Florida turned St. Johns County over to local government in 1972, the county elected to collect local business taxes (formerly known as occupational licenses). The local business tax, County Ordinance 72-2, requires all individuals or organizations doing business located in or operating in St. Johns County to obtain a local business tax receipt. The tax is paid annually with the fiscal year beginning on October 1.
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Posted in Tax Law & IRS Defense
Taxpayers are required to file a Report of Foreign Bank and Financial Accounts (“FBAR”) to report any financial interest the taxpayer holds in a foreign financial account. The FBAR filing requirement applies to taxpayers that have signature authority over a foreign financial account. Foreign financial accounts include, but are not necessarily limited to, bank accounts, brokerage accounts, mutual funds, and trusts.
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Posted in Real Estate Law,Tax Law & IRS Defense
The Firm is republishing an August 2015 blog post regarding the ability of Florida property owners to contest or appeal the assessed value of their property. The republished blog, below, includes updated information for 2016.
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Our personal planning services are for everyone! Many people believe that only the elderly or those with bad health prognoses need to visit an attorney to do their estate planning and execute a will or trust. Others may believe that they have no need for any planning as they may believe assets may automatically go to their children. We recommend that you visit a Florida attorney to analyze your situation and ensure that your wishes in regards to your assets shall become reality. Life has many uncertainties and it is best to have peace of mind no matter your age.
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Posted in Asset Protection,Probate & Trust Administration,Real Estate Law,Wills, Trusts & Estate Planning
Understanding the tax rules as a widow or surviving spouse can help you project the real tax cost of selling your primary residence. Below are just a few general things to consider in making the tax analysis.
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Posted in Real Estate Law,Tax Law & IRS Defense
The Mortgage Forgiveness Debt Relief Act (“MFDRA”) prevents homeowners who went through a short sale, foreclosure sale, a principal reduction, or otherwise received a waiver of a mortgage debt regarding their primary residence from being taxed on the amount of mortgage debt cancelled or forgiven. Many homeowners have used the MFDRA in prior years to prevent large tax liabilities.
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