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Category Archives: Estate Planning

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Common Questions About Florida’s Elective Share Rule

By Legacy Protection, LLP |

An often misunderstood aspect of Florida probate administration is the “elective share” rule. The elective share is essentially a legal protection against one person completely disinheriting their spouse. The elective share basically represents the share that the surviving spouse may legally claim in the deceased spouse’s property, notwithstanding any will or revocable trust to… Read More »

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What Are The Different Types Of Beneficiaries Under A Florida Will?

By Legacy Protection, LLP |

One of the main purposes in making a will is to name one or more beneficiaries who will receive your property after your death. Broadly speaking, there are three types of beneficiaries under a will: primary, alternate, and residuary. Here is a brief explanation of each category. Primary Beneficiaries A primary beneficiary is basically… Read More »

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Should I Keep My Original Will In A Safe Deposit Box?

By Legacy Protection, LLP |

When it comes to probate, original is always best. That is to say, in order to open a probate estate when the decedent left a last will a testament, it is usually necessary to file the signed original document with the court. In most cases, the executor or personal representative named in the will… Read More »

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Dealing With “Digital Assets” As Part Of Your Estate Planning

By Legacy Protection, LLP |

More and more, our personal lives revolve around our smartphone. Whether you use an Apple or Android device, these phones often contain our entire personal financial, medical, and social media histories. So what happens to all of that information after the user dies? How to deal with “digital assets” has become an issue of… Read More »

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Do You Need A Payable On Death (POD) Bank Account As Part Of Your Estate Plan?

By Legacy Protection, LLP |

When setting up a bank account, you have the option of choosing beneficiaries to whom the remaining funds will automatically transfer in the event of your death. This is known as a “payable on death” (POD) bank account. Many people open payable on death bank accounts as part of their estate plan because the… Read More »

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4 Essential Tools To Plan For Incapacity In Florida

By Legacy Protection, LLP |

Incapacity refers to a person’s lack of physical and/or mental ability to make important decisions or perform activities of daily living. When a person becomes incapacitated, they can no longer manage their own affairs or maintain their own physical well-being. For this reason, they need someone to make healthcare and financial decisions on their… Read More »

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Why Should I Avoid Intestate Succession (Dying Without A Will) In Florida?

By Legacy Protection, LLP |

Many Florida residents put off estate planning until it is too late. Of course, some people reason it does not matter anyway. After all, doesn’t Florida law decide what happens to a person’s property after they and do not leave a will? For many people, they figure it is just easier to let the… Read More »

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What Exactly Is “Undue Influence,” And How Can I Avoid It When Making My Will?

By Legacy Protection, LLP |

The phrase “undue influence” is often used when discussing contested probate estates. The basic idea is that a will (or trust) should be considered invalid because some person engaged in improper action to procure the document in question. For example, let’s say Emily has three adult children. One of these children, Scott, cares for… Read More »

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What Is An Insolvent Estate?

By Legacy Protection, LLP |

The normal process for administering a Florida probate estate involves gathering the assets owned by the deceased, paying any outstanding debts and expenses, and then distributing whatever is leftover to the beneficiaries of the estate. But what happens when the estate’s debts and expenses exceed its assets? In legal terms, this is known as… Read More »

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What Are The Different Types Of Charitable Trusts In Florida?

By Legacy Protection, LLP |

An increasing number of Floridians opt for Charitable Trusts as part of their estate plans. A Charitable Trust can help you accomplish many goals. One of the benefits of creating a Charitable Trust is that it helps save on federal income taxes and reduces estate taxes. Many people choose to set up Charitable Trusts… Read More »

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