ESTATE PLANNING Attorney, NONPROFIT, BROWARD, MIAMI Corporate, Business ATTORNEY,

Jadinah Naomi GustaveReviewsout of 4 reviews Jadinah Naomi GustaveClients’ ChoiceAward 2022
Jadinah Naomi GustaveReviewsout of 4 reviews Jadinah Naomi GustaveClients’ ChoiceAward 2022
 

Are a Will and a Living Will the Same Thing?

Chances are that when you think about a will, it evokes mostly thoughts of death. So, what is a living will? And is that different from a regular will? We will answer those questions here.  Last Will and Testament A last will and testament is what most people think about when they hear the phrase “will.” A last will and testament is the legal document responsible for allocating someone’s assets to their beneficiaries after the testator passes away. After someone passes away, their estate goes to probate court. In probate court, it will be determined whether the person has a will and...

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What is Estate Administration?

If you have started thinking about estate planning, you may have heard the term “estate administration.” Estate administration is the process by which a decedent’s estate is settled and distributed to any beneficiaries. The estate administration process is different depending on the circumstances of each individual estate, but there are general steps that must be followed regardless, which we will review here. Of course, the best way to get an idea of exactly how your estate will be administered and how to prepare for that is to speak to an experienced trusts and estates attorney, but it is always a...

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Does it Matter What State I Hire an Estate Attorney in?

Estate planning can be a daunting process, so having an experienced attorney to help you navigate the process as seamlessly as possible can make all the difference. What if you hit a roadblock on your way to find an attorney? Well, we are here to help. If you are unsure which state to hire your estate attorney in, that is understandable. It can be especially complicated trying to decide where to hire an estate attorney if you have multiple residences, or if you own major assets in several states. However, you will be relieved to know that the answer is...

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At What Age Do I Need a Will?

While we would love to be able to give you a clear answer, being able to predict the age at which you need a will would require being able to predict the exact course of your life. Because nothing is certain in life, the right time to create a will is the first opportunity that you have to do so, since you may not have another. If you have any assets, debts, personal effects, or businesses to your name, you will want to have a plan in place to disperse them in accordance with your wishes in the event that...

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Estate Planning for People With Disabilities 

You may or may not be aware that there is a cap on monthly income for individuals who receive disability benefits through Social Security. This limit is different in every state, and is always low, but Florida has one of the lowest income caps for disabled people in the country. In fact, in order to qualify for disability benefits in Florida, an individual’s income cannot exceed $771 each month. Any additional financial income, including help from family, or an inheritance, can affect their eligibility for those benefits. Healthcare costs without disability can be prohibitive, and even a large inheritance may...

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What is a Personal Representative and Do I Need One?

If you have started doing an internet deep-dive into how to create your estate plan, you may have come across the term “personal representative.” So, what is a personal representative and how do you know if you need one? We will cover that here.  The Role of a Personal Representative in Probate  After an individual has passed away, someone must take the lead on making funeral arrangements, reviewing the will to identify and notify the beneficiaries, and settle and allocate the estate in accordance with the will. This person tasked with these responsibilities is known as the decedent’s personal representative. In other...

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Do I Have to Pay Taxes on Inheritance in Florida?

If you are planning to leave a large inheritance in Florida or are expecting to receive one, you may be concerned about the potential tax liability. Many states impose steep taxes on inheritance, including estate taxes, inheritance taxes, gift taxes, or even counting it as taxable income. Just thinking about it is enough to give most people a massive headache. Lucky for you though, Florida is one of the most tax-friendly states in the country. It should also be noted that taxes are paid out of the inheritance prior to it being distributed, so the burden of determining tax liability...

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Can I Inherit From My Ex-Spouse in Florida?

There are few legal matters that divorce does not complicate, and that is also true of estate law. If your ex-spouse or soon-to-be ex-spouse has recently passed away, you may be wondering whether you are still entitled to inherit from them if you are named in their will. Unfortunately, there is not a simple one-size-fits-all response. The answer can depend on a number of factors, which we will explore in more depth below. The best way to get an accurate understanding of what you are entitled to is to speak directly to a Florida trusts and estates attorney.  Determining Whether You...

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Why Your Estate Plan Needs More Than Just a Will

We get it. Making a will is a big deal, and it is a huge step toward establishing a comprehensive estate plan. However, it is not all that you need. Many people who spend years avoiding the task of creating a will feel they can lay down the gauntlet the second the ink is dry, but it is important to understand the limits of a will so that you can also plan for the gaps it leaves in your overall estate plan. Trying to accomplish or dictate too much in your will can actually result in certain provisions or even...

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What are Your New Year’s Estate Planning Resolutions?

A new year is a great time to check in on your estate plan. While it is a huge milestone to create a thorough estate plan that meets all of your needs, it is important to remember that as your life unfolds, your needs evolve. When you have children, get married or divorce, start a business, buy a house, or sell an asset, these changes must be reflected in your will. If your will is out of date it may make certain terms hard to understand or impossible to enforce as written. In short, the potential to change your will...

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