Estate and Elder Law

Recent Posts

Estate Planning Tips For Gun Collectors - Gun Trust Lawyer®
Posted on 29 Mar 2012 by David Goldman

If you own firearms and have done estate planning, you might want to review your planning with a Gun Trust Lawyer®. About 5 years ago, I recognized the problems that are inherent with traditional estate planning (wills, revocable trusts, or the default... Read More

Florida Makes Power of Attorney Documents More Dangerous
Posted on 10 Apr 2012 by David Goldman

With the recent changes to the Florida Statutes, it is even more dangerous to use Powers of Attorney documents created by online systems or found in forms books. Not only is there a big risk that they will not comply with the new Florida laws and be worthless... Read More

Are Trust Protectors Good or Bad?
Posted on 27 Apr 2012 by David Goldman

A trust protector is a person or group of people (not the settlor, beneficiary, or trustee) who are appointed to exercise one or more powers affecting a trust and the interest of the beneficiaries. The concept of a trust protector is to protect beneficiaries... Read More

Filing a Will Caveat
Posted on 17 Sep 2012 by David Goldman

Will caveats: one more reason why hiring an attorney is a good idea for estate planning. Will caveats are, basically, objections to a will. For example, let's say Father dies, leaving his entire estate to his niece. That is awfully nice of him, but... Read More

Who Owns Your iTunes Account? and Bruce Willis
Posted on 10 Sep 2012 by David Goldman

Last week [Aug. 27 - 31] there were several articles which brought light to many that our online identities are just licenses which will expire upon out death. While this concept is new to some, most lawyers understand this. Unfortunately there appear... Read More

States That Could Make Children Pay for Dad's Care
Posted on 20 Jul 2012 by David Goldman

Unpdaid long-term care bills are increasing and becoming more of a problem in many states. All 50 States have statutes that obligate adults to care for children or other family members; if your parent lives in one of 29 states, you could be held responsible... Read More

Florida Digital Asset Protection Lawyer: To My Loving Wife I Leave My iTunes Account
Posted on 23 Apr 2012 by David Goldman

Estate planning is an important event in one's life. The fruits of a life time of hard work, passed down in the hopes that they will serve their next owner well. But in this modern age we live in, online digital assets are frequently left out of the... Read More

Trusts and Florida Homestead Property
Posted on 25 Sep 2012 by David Goldman

Florida is a rather unique state in rights associated with homestead exemptions from forced sale. In a nutshell, it is nearly impossible for creditors to force the sale of a homestead (a situation famously highlighted by OJ Simpson, who purchased a large... Read More

Tort and Probate Law: Tortious Interference and Expected Inheritance
Posted on 15 Jun 2012 by David Goldman

The recent decision of a Florida appellate court has shed some light on a little discussed aspect of tort and probate law in the state of Florida. The Third District Court of Appeals ruled in the case of Saewitz v. Saewitz that to sustain a prima facie... Read More

Florida Makes Power of Attorney Documents More Dangerous
Posted on 10 Apr 2012 by David Goldman

With the recent changes to the Florida Statutes, it is even more dangerous to use Powers of Attorney documents created by online systems or found in forms books. Not only is there a big risk that they will not comply with the new Florida laws and be worthless... Read More

Some Inheritances Are Best Bestowed in Different but Equal Ways
Posted on 16 Aug 2012 by David Goldman

Most parents want to love and treat all of their children the same, but when it comes to estate planning, not every child should be treated the same. In fact, insisting on treating all children exactly the same in an estate plan can often lead to disastrous... Read More

Florida Court Finds that Settlor Lacked Requisit Capacity to Execute Trust Amendment
Posted on 2 Oct 2012 by David Goldman

In the Florida case of Jervis v. Tucker, 37 Fla. L. Weekly D349 (Fla. 4th DCA 2012) [ enhanced version available to lexis.com subscribers ], Bernice J. Meikle executed a revocable trust agreement in 1991, which she subsequently amended by executing a... Read More

Attempt to Avoid Probate Earns Medicaid Applicant Penalty Period
Posted on 7 Mar 2012 by David Goldman

Often in an attempt to avoid a relatively small probate fee, individuals can create huge penalty periods and taxable issues for themselves. Take for instance, a woman in New York who, two years before applying for Medicaid, transferred money from her... Read More

Refusal to Follow Preference for Appointment of Personal Representative Was an Abuse of Discretion
Posted on 28 Sep 2012 by David Goldman

In the case of Bowdoin v. Rinnier, 81 So. 3d 582 (Fla. 2d DCA 2012) [ enhanced version available to lexis.com subscribers ] the Decedent died intestate, leaving her husband, and a minor child as her sole heirs. Decedent's mother, filed a petition... Read More

Are Trust Protectors Good or Bad?
Posted on 27 Apr 2012 by David Goldman

A trust protector is a person or group of people (not the settlor, beneficiary, or trustee) who are appointed to exercise one or more powers affecting a trust and the interest of the beneficiaries. The concept of a trust protector is to protect beneficiaries... Read More