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Should I Consider a Ladybird Deed as Part of My Estate Planning Strategy? | Lindsay Allen Law - Naples Attorneys at Law

Should I Consider a Ladybird Deed as Part of My Estate Planning Strategy?

Ladybird deeds are popular devices for transferring real property. Homeowners may use a ladybird deed to designate a family member or other heir to inherit the property on the death of the homeowner. These deeds provide numerous other benefits as well. What Is a Ladybird Deed? Some thirty years ago, a law professor created a hypothetical […]

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All About the Trust Protector in Florida

All About the Trust Protector in Florida

Clients sometimes request irrevocable trusts for estate tax avoidance, creditor protection, or other purposes. Because of the loss of control associated with irrevocable trusts, clients often ask whether anything can be done to address future uncertainties. One answer to this question is the use of a ‘Trust Protector’. Properly structured, a trust with a Trust […]

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All About Guardianship in Florida - Types, Establishing, Alternatives

All About Guardianship in Florida – Types, Establishing, Alternatives

Recently, a client asked for help with a family member who held a significant estate, including real property, bank accounts, and other assets. Unfortunately, the family member was suffering from mental incapacity. As a result of the individual’s mental decline, fines were collecting on the real property because of county violations that were not being […]

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Florida's Escheat Process and The Treasure Hunt | Lindsay Allen Law - Naples Attorneys at Law

Florida’s Escheat Process and The Treasure Hunt

Occasionally, we receive questions from clients about Florida’s escheat process. The primary concern clients have is that the State of Florida – rather than the clients’ children and other heirs – will receive the clients’ estate when the clients die. Happily, this is generally not the case. What is the Escheat Process? Simply put, the […]

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Beneficiary Designations Explained

All About Beneficiary Designations

Beneficiary designations are a common element in estate plans. We have opportunities to set up these arrangements when purchasing life insurance, setting up retirement plans and bank accounts, and on other occasions. It is a good idea to slow down and think about beneficiary designations. Correctly used, beneficiary designations can be a great convenience that […]

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Irrevocable Trust Planning

What You Need to Know About Irrevocable Trust Planning

As perhaps a universal rule, clients desire to retain the flexibility to change their estate plans. Changes may become desirable as family members are born or die, as estates increase or decrease, as desires and objectives change, and as other life events occur. Irrevocable trust planning refers to a subset of estate plans in which […]

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Divorce Impacts Estate Planning

How Does Divorce Impact Estate Planning?

Divorce is an unfortunate reality. According to the American Psychological Association, about 40% to 50% of married couples in the United States divorce, and the divorce rate for subsequent marriages is even higher. With this in mind, divorce is often an import part of estate planning. Prenuptial and Postnuptial Agreements The first question in considering […]

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What is Domicile and How is it Determined?

What is Domicile and How is it Determined? A 16 Point Checklist.

‘Domicile’ generally refers to where you live – your residence that you intend to keep for the foreseeable future.  Your domicile has legal consequences for tax, probate, asset protection, and numerous other purposes. Domicile issues frequently arise with clients who split their time between Florida and another state.  They are also regular issues when clients […]

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Legal Folders and Files

What Else Do I Need to Complete My Estate Plan?

Often, estate planning clients know they need to have a Last Will and Testament and perhaps even a Revocable Trust. Sometimes, however, they may not realize that they also need other documents to complete their estate plan. The simple reason why multiple documents are necessary is because each document has a separate purpose. The Last […]

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