Probate and Trust

Protecting Your Home – Part Three: Income Generation and Homestead

Never mix business and pleasure.  Despite that adage, more often people transact business from home.  But be careful! There is a delicate balance between income generation and residence with regard to homestead protections. After all, the homestead exemption applies only to the residence of the owner and the owner’s family. In the past, the general […]

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Protecting Your Home – Part Two: Save Our Homes Act

Save Our Homes

Several years ago, a community of single-family homes was established in Southwest Florida.  The community was small, arranged in a T-shaped pattern.  A three-bedroom, two-bath home was one of the first houses built.  Its back yard faced a pond, and the driveway opened onto the circle at the end of the street.  A young couple purchased the home […]

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Protecting Your Home – Part One: Homestead in Florida

Homestead in Florida - Part One

A woman, diagnosed with end-stage cancer, sought to get her affairs in order.  She owned her home, and she had children she wanted to provide for after her death.  She decided to sell her home to provide some liquidity for her care while she was still living and to provide cash for her children after she passed.  Toward […]

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How Does a Pet Trust Work in Florida?

How Does a Pet Trust Work in Florida | Lindsay Allen Law - Naples Attorneys at Law

Providing for your children, your two-legged children, is important. It is so important, that even if you never seem to get around to creating formal estate planning documents, the State of Florida has your back. The law assumes that parents who die intestate—without a valid will or trust—still want to provide for their children. Toward […]

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Florida Probate Administration Frequently Asked Questions

Florida Probate Administration Frequently Asked Questions | Lindsay Allen Law - Naples Attorneys at Law

Our firm routinely (daily!) handles questions related to Florida probate administration, such as the following: What Is Florida Probate Administration? Probate Administration is the Court-supervised process of resolving a decedent’s financial affairs. Is Florida Probate Administration Always Required? Not always. For many decedents, there is no requirement to open a probate estate. A common reason […]

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

What is Domicile and How is it Determined?

‘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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What Is Probate Administration?

Probate administration is the court-supervised process of identifying, managing, and ultimately distributing your probate assets following your death. This article highlights some of the issues addressed in probate. First, probate administration is generally required only if a decedent left assets subject to probate. Probate assets include real property and personal property owned by a decedent […]

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