Estate and Elder Law

Recent Posts

New York Obtains Jurisdiction over Non-U.S. Jurisdiction/Cook Island Trustee
Posted on 23 May 2012 by Marc J. Soss

Southpac is a trust company that operates in several Non-U.S. jurisdictions, including the Cook Islands and Nevis (both have aggressive asset protection laws that seek to attract international asset protection trusts). Most individuals seeking non-U.S... Read More

Florida Prenuptial Agreement Ruling Brings Specificity
Posted on 13 Feb 2013 by Marc J. Soss

The recent Florida appellate court ruling in Heiny v. Heiny, 38 Fla.L.Weekly D200g (2nd DCA 1/25/13) [ enhanced version available to lexis.com subscribers ] provides guidance in the area of drafting of prenuptial and postnuptial agreements. The DCA, in... Read More

Florida Guardianship Checklist
Posted on 6 Mar 2012 by Marc J. Soss

FLORIDA GUARDIANSHIP CHECKLIST CHECKLIST AND RESPONSIBILITIES FOR FLORIDA GUARDIAN'S 1. Visit the ward - While this may seem obvious, it is important that they know you and their family are their for them. 2. Secure an attorney - Every Florida... Read More

Where the 65 Year Old's Live
Posted on 30 Jan 2012 by Marc J. Soss

There are now more Americans age 65 and older than at any other time in U.S. history. According to a new Census Bureau report, there were 40.3 million people age 65 and older on April 1, 2010, up 5.3 percent from 35 million in 2010 (and just 3.1 million... Read More

PTSD Ruling Returns Benefits to Thousands of Vets
Posted on 7 Mar 2012 by Marc J. Soss

The Defense Department issued a memo mandating that service members diagnosed with PTSD receive a 50% rating when they retire. A 50% rating guarantees lifetime TRICARE medical coverage and tax-free retirement payments. While the ruling has helped hundreds... Read More

Thirty-Three Social Security Planning Tips
Posted on 21 Aug 2012 by Marc J. Soss

Social security can be a confusing government benefit. The following is a brief list of tips to make it more beneficial to you. 1. If you are already collecting your retirement benefit and are at or over full retirement age, you can tell Social Security... Read More

PTSD Ruling Returns Benefits to Thousands of Vets
Posted on 7 Mar 2012 by Marc J. Soss

The Defense Department issued a memo mandating that service members diagnosed with PTSD receive a 50% rating when they retire. A 50% rating guarantees lifetime TRICARE medical coverage and tax-free retirement payments. While the ruling has helped hundreds... Read More

A Recent Study on How to Outsmart Social Security
Posted on 19 Mar 2012 by Marc J. Soss

A savvy Sarasota or Bradenton Florida retiree can maximize their Social Security benefits by choosing to begin payments at just the right time. Eligible Sarasota and Bradenton residents who turn 62 this year must wait until age 66 to begin receiving full... Read More

Thirty-Three Social Security Planning Tips
Posted on 21 Aug 2012 by Marc J. Soss

Social security can be a confusing government benefit. The following is a brief list of tips to make it more beneficial to you. 1. If you are already collecting your retirement benefit and are at or over full retirement age, you can tell Social... Read More

Can Your Florida Trust Document Limit a Settlement
Posted on 7 May 2012 by Marc Soss

Chapter 736 of the Florida Statutes provides for a trustee and beneficiary or the Florida courts to modify a trust agreement (i) if it is in the best interests of the beneficiary, (ii) to accomplish a grantor's intent, or (iii) for other appropriate... Read More

Your Social Security Is Not Safe from Unpaid Student Loan Debts
Posted on 12 Nov 2012 by Marc J. Soss

Thousands of retirees are learning today that defaulting on student-debt can threaten something that used to be untouchable: their Social Security benefits . The federal government is withholding money from a rapidly growing number of Social Security... Read More

Where the 65 Year Old's Live
Posted on 30 Jan 2012 by Marc J. Soss

There are now more Americans age 65 and older than at any other time in U.S. history. According to a new Census Bureau report, there were 40.3 million people age 65 and older on April 1, 2010, up 5.3 percent from 35 million in 2010 (and just 3... Read More

Deducting the Cost of Life in a Retirement Community
Posted on 6 Nov 2012 by Marc J. Soss

Many Sarasota and Manatee County Florida residents in our aging population are transitioning from home ownership to living in a "continuing care retirement community" ("CCRC"). To enter a Sarasota or Manatee County Florida CCRC , an... Read More

Another State Repeals Its Inheritance Tax
Posted on 2 Apr 2012 by Marc J. Soss

Indiana Governor Mitch Daniels officially signed legislation to repeal the states inheritance tax . The relief is retroactive to January 1 and increases amounts exempt from the levy for 2012 deaths. Currently there are still 22 states plus the District... Read More

When Bad Florida Estate Planning Ruins Your Asset Protection Planning
Posted on 29 Nov 2012 by Marc J. Soss

According to the 1 st District Court of Appeals ruling in Morey 2004 v. Everbank , and Air Craun, Inc, 37 Fla. L. Weekly D1739 [ enhanced version available to lexis.com subscribers ], simple estate planning mistakes can defeat years of asset protection... Read More