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Common Mistakes Made In DIY Wills

By Legacy Protection, LLP |

Most people in Florida should have a will. People sometimes want to save on legal fees when drafting their will and so, they find a way to do it themselves. A quick search online will provide you with many different forms available that seem fairly straightforward and easy to fill out. However, there are… Read More »

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When To Review Your Estate Plan

By Legacy Protection, LLP |

After creating an estate plan, you may be tempted to leave the paperwork in a drawer or safe and not think of it again. The important documentation becomes easy to forget about. However, good estate planning requires regular review and revision so you can ensure it reflects your current needs and wishes. So, how… Read More »

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How To Find A Loved One’s Will

By Legacy Protection, LLP |

Not everyone is prepared for the death of a loved one. Sometimes, a death happens suddenly and unexpectedly, leaving families no time to talk about what should happen afterwards. In some cases, family members know that their loved one had a will, but they do not know where it is located. Locating the will… Read More »

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What Are My Children’s Inheritance Rights If I Die Without A Will?

By Legacy Protection, LLP |

Adult children have no right to be named as a beneficiary of their parent’s will or trust under Florida law. In other words, if you do have adult children, you do not have to leave them anything in your estate plan. You could also choose to favor one child over another. In the event… Read More »

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Five Of The Most Common Estate Planning Mistakes

By Legacy Protection, LLP |

Making the decision to draft a will and create an estate plan is a very responsible one. Doing so will make sure that your loved ones are less stressed and taken care of during one of the worst times of their lives. Unfortunately, slapping together an estate plan is not enough to ensure your… Read More »

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How Federal And State Courts Can Get Intertwined In Probate Disputes

By Legacy Protection, LLP |

Probate is traditionally a function of state law in the United States. This means that as a general rule, a federal court will not exercise jurisdiction over probate litigation. This principle is known as the “probate exception.” This exception is limited, however, and does not prevent federal courts from hearing cases that may indirectly… Read More »

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What Happens To A Florida General Partnership Upon A Partner’s Death?

By Legacy Protection, LLP |

There are a number of ways that two or more people can go into business together. The simplest method is to form a general partnership. Indeed, in the absence of any legal agreement or forming another specific type entity, such as a corporation, any association of two or more people for the purposes of… Read More »

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What Tax Returns Must Be Filed By A Florida Probate Estate?

By Legacy Protection, LLP |

In 1789, Benjamin Franklin told a colleague that the newly adopted United States Constitution “has an appearance that promises permanency; but in this world nothing can be said to be certain, except death and taxes.” Indeed, death and taxes are inextricably linked together in our legal system, so much so that even after a… Read More »

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How Differences In State Law Can Affect A “No Contest” Clause In A Will Or Trust

By Legacy Protection, LLP |

In an effort to minimize any potential litigation after they die, many people place what is known as an in terrorem or “no contest” clause in their will or trust. A no-contest clause typically disinherits a beneficiary if they take any legal action to dispute the validity of the underlying will or trust. In… Read More »

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Third Party Vs. Self-Settled Special Needs Trusts

By Legacy Protection, LLP |

Special Needs Trusts (SNTs) are a special type of trust used to protect a person’s ability to continue receiving needs-based government benefits, primarily Medicaid and Supplemental Security Income (SSI). Because a beneficiary of such programs cannot legally more than a specified amount of assets, it is often necessary to create a SNT to ensure… Read More »

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