A power of attorney is a written instrument pursuant to which an individual (the “principal”) grants to another (the “agent”) the authority to act on behalf of the principal, primarily for financial and business matters. Powers of attorney and similar instruments are governed by Chapter 709 of the Florida Statutes, also known as the Florida Power of Attorney Act (FPOAA).
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Florida Gun Trusts, also known as NFA Trusts, Class 3 Trusts, Title 2 Trusts, or Firearms Revocable Trusts, are a great way to deal with the unique issues of owning, transferring, and possessing gun suppressors, silencers, fully automatic rifles, short barreled rifles and shotguns, or other Title 2 or Class 3 weapons. Listed below are some key benefits of a Gun Trust:
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Section 736.0708 of the Florida Statutes governs the compensation available to Florida trustees. Most trust documents provide reasonable compensation to the named trustee. However, if the trust document is silent on the matter, Chapter 736 provides that the trustee is entitled to reasonable compensation under the circumstances.[1] Accordingly, a Florida court may award reasonable compensation when the trust documents neglect the issue.
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Posted in Asset Protection,Probate & Trust Administration,Real Estate Law,Wills, Trusts & Estate Planning
Many married couples jointly own their home or other Florida real property. It is easy to overlook the legal transfer of such jointly held property when faced with the death of a husband or wife. However, clearing title to real estate following the death of a loved one is an important consideration and should be promptly addressed by the surviving family and a licensed Florida attorney where possible.
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In a previous blog, (click for link), we posted about the importance of asset titling in estate planning and briefly described how beneficiary designation forms may implicate your personal plan. Beneficiary designations are intended to be a straightforward method for heirs to circumvent the probate process and receive funds in a timely manner. Beneficiary designations are found in many of your accounts, including retirement accounts, life insurance policies, bank accounts, stocks, certificates of deposits, bonds, mutual funds, and annuity contracts.
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When a client wishes to leave an inheritance to a minor (a person under age 18), the most important advice is to never leave the bequest outright. The same notion is true for someone who is disabled as we recently posted about on our Blog at https://www.jacksonlawgroup.com/asset-protection/the-use-of-supplementalspecial-needs-trusts-in-estate-planning/. The problem with leaving an inheritance outright to a minor is that the court will require the establishment of a guardianship for the minor’s benefit, which can be very costly and overly burdensome.
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Many disabled Americans receive governmental benefits such as Supplemental Security Income and Medicaid to assist in their time of need. These individuals rely on this assistance for supplemental income and medical care expenses (including nursing home care). While governmental benefits assist disabled individuals with covering their expenses, the benefits often cannot cover all expenses. In these cases, family or friends sometimes provide financial support and help cover any remaining expenses. These same family and friends also wish to assist after they pass away so they include the disabled individual in a will or name the disabled individual as a beneficiary of a trust. In this respect, family and friends should be aware of the implications that leaving assets or money in the form of a gift or bequest to a disabled person as it relates to current or future needs for governmental benefits. In other words, family and friends should be aware that their generosity in the form of a gift or bequest may also affect the eligibility of a disabled person for governmental benefits.
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Posted in Asset Protection,Business & Corporate Law,Probate & Trust Administration,Real Estate Law,Tax Law & IRS Defense,Wills, Trusts & Estate Planning
The attorney-client privilege is one of the most important legal protections that an individual or entity has when seeking legal advice from a Florida attorney. Section 90.502(c) of the Florida Statutes states that communication between an attorney and a client is confidential if it is not intended to be disclosed to a third-party other than when the communication to a third-party is made in the furtherance of legal service to the client or when the use of a third-party is reasonably necessary for communication between the attorney and client. It is important to note that there are exceptions that may apply, such as when the attorney’s services are sought to enable what the client knows to be a crime or fraud. The purpose of the statute is to protect almost all information disclosed by the client. However, this protection can be waived and subject to disclosure if third-parties are involved in the communication. Moreover, Section 90.507 of the Florida Statutes provides that the attorney-client privilege is waived when a confidential matter is voluntarily discussed in a manner where a reasonable expectation of privacy does not exist. Examples may include copying a third party to an email to your attorney, forwarding an email from your attorney, including a friend in a meeting with your lawyer, or encountering your lawyer at a public venue with other people listening to the conversation and discussing your case.
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