Estate Planning & Probate Law Firm serving Miami and South Florida since 1985

Are you aware of how important it is to create a Florida estate plan for yourself and your family? You want to protect yourself, what you love most, your business, and ensure the legacy you are creating will survive your passing. In our firm, we understand the importance of your goals and will work with you to create a plan that will work with you for your unique situation. 

But what do you plan for when preparing your taxes and planning your estate? With our planning process, part of it is to not only look at who our clients want to inherit from them and who should make their decisions in a moment of crisis, but what implications their planning can have or not have. This involves a very candid look at their financial picture, including their tax structure.  

Does the phrase “there is nothing certain in life but death and taxes” sound familiar?  It is one of the idioms everyone hears over and over again. In fact, what most people do not realize is that taxes play an important role in their Florida estate plan. Any decisions they make now can have both a lifetime and deathtime impact on their estate, which is critical to plan for.  We would like to share a few of the important points we share with our clients.

1. Importance of planning to avoid federal estate taxation. Did you know that one of the benefits of living in Florida is that there are no state death taxes? However, this is not the case on the federal level. All Americans, with a taxable estate high enough in value, may face estate taxation. Through your comprehensive Florida estate planning, our goal is to minimize the risk that your estate will be taxed at your death. This is completed by a careful consideration of factors including, but not limited to, your family structure, what assets comprise your taxable estate, the structure and nature of those assets, and the strategies available to you.
2. Importance of carefully making lifetime gifts. Did you realize that your estate planning and donative intent can impact your annual taxes as well? It can. This occurs through the gift tax. While you can give your loved ones the annual exclusion amount each year, which is $17,000 per person this year according to the IRS, you can make larger gifts each year and still avoid lifetime taxation. To engage in an advanced strategy like this, we highly recommend you meet with your experienced Florida estate planning attorney to learn more about the pros and cons of this type of strategy as well as how it may benefit your estate down the line.
3. Importance of utilizing an estate planning strategy that incorporates the Generation Skipping Tax (GST). Did you know that there are careful rules to plan around when it comes to using the GST as a part of your estate planning? This comes into play when you leave to a family member where there is a thirty-seven and a half year age difference or more. While there can be significant benefits to this type of planning and reasons to complete it, this should not be undertaken without the advice of an experienced Florida estate planning attorney.
4. Importance of the impact of unprotected property and the probate estate. It is critical that you plan to not leave your assets unprotected. Be aware that anything you own at the time of your death that does not have a co-owner or beneficiary, could be subject to the probate process. The probate process is the legal court process that allows solely owner property to pass to the intended beneficiaries. Unfortunately, as a result of the probate process, this is after creditors have the opportunity to file their claims against your estate. Therefore, when you are planning for your estate and your taxes, it is crucial that you work with your estate planning attorney to create the right trust agreement for you. It is a trust agreement, and not a last will and testament, that can help you avoid the probate process.

At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services.  By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Do you have a number of digital assets that you monitor? Are you concerned because data security is in the headlines, and digital privacy continues to be a hot topic? Have you thought about whether you need to protect your digital assets?  Do you know how to protect them? Did you know that digital assets can be included in your estate planning? Part of securing your digital assets may be planning for the future and this can be accomplished with estate planning. The following recommendations may help you with understanding how to include digital assets in your estate plan while keeping them secure in the meantime. Also, your Florida estate planning attorney will be able to assist you.

Protecting and preserving your passwords are a crucial first step in addressing the security of your digital assets. We know it can be tough to keep track of all of the different passwords you use to access your different accounts on a frequent basis.  One way we recommend to keep track of your passwords is to make a written list and keep it in a locked desk drawer or home safe. It should be somewhere you can access frequently, so that you can make updates to your list, if needed. The passwords you choose should be strong and secure. In addition, you should change your passwords at least once a year. Be attentive in checking on your digital assets to ensure your passwords have not been compromised. If they have, update them immediately. 

Is it possible to have your digital assets as part of your estate plan?  Absolutely. There are digital assets that are financial, like a digital Paypal, Venmo, or bitcoin account. Some digital assets are sentimental, like a collection of photographs or videos of your children and grandchildren. Be aware that someone needs to be able to access your digital assets after you pass away.  You need to select a trusted individual who can be depended on to keep your password  information safe. In addition, you need to keep this person informed about where you keep your password list so he or she can access it when the time comes. When you meet with your Florida estate planning attorney he can assist you in detailing who should have access to your digital assets when you write your will.  Your Florida estate planning attorney can also advise you with personal representative instructions with respect to your passwords.

We know this article may raise more questions than it answers. We know you may have questions about this, and many other, issues. At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services.  By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Are you a senior adult, living in the great state of Florida? As a retiree are you enjoying family, golfing, boating and visiting with friends? Are you enjoying the ability to live after working so very hard for all you have set aside for yourself and family? But have you made plans for your future and your family in the event you become disabled or you pass away? According to research over 50% of Americans do not have an estate plan or even a will in place. Unfortunately, without an estate plan or will in place your family may face difficulty if you become disabled or after you pass away, including sorting out your assets and any debts you may have. 

To begin, when it comes to estate planning, it does not matter whether your estate is big or small, everyone has an estate and needs to plan for it. In fact, everything you own is included in your estate. Your home, your cars, boats, trailers, and all other real property you own, bank accounts, investment and retirement accounts, cash value life insurance, and personal property. These are all assets that could be inherited by someone else upon your passing. 

What can happen to your estate if you die without a will or intestate, which means you died without a will?  In Florida if you die without a will, intestate, the state of Florida has a plan to follow under its intestacy laws. No one wants the state of Florida to make decisions for their hard earned assets. What can you do? We would like to make three points in regard to what you need to know about not having a Florida will or estate plan. 

1. Without a Florida estate plan or will in place you cannot choose a trusted decision maker to be your agent in any powers of attorney, personal representative in your will or trustee in your trust.  A will serves as the legal guide for the personal representative you name to carry out your wishes. If you do not have a will,  the probate court in your county will step in. The court will choose someone to be your personal representative who will probably be the closest relative the court can find who is willing to take on the responsibility. Unfortunately, this may not be the same person you would have chosen, and he or she may not proceed with the care or knowledge of your wishes for your estate. 
2. Without a Florida will, no one will know all your assets and how they are to be divided. To repeat, if you die without a will, your assets will be distributed according to the intestacy laws of the state of Florida. Know that this may not be how you would have wished them to be distributed. The order of those who will inherit from your estate are listed according to the Florida intestacy laws. The closest relatives are generally set to inherit, but depending on which family members survive you, the list may go down to your next closest relatives and beyond. If you pass away without any surviving family members, your property will probably pass to the state of Florida.
3. Without a Florida will it may not only be assets that are impacted. Having a will in place is extremely important if you have minor children, it will allow you to make provisions for your children and their care. In addition, if you want to be buried in a specific manner, you can put instructions about this in your will. A last will and testament can help you make sure things go as you want after you pass away.

We know this article may raise more questions than it answers. At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services.  By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Do you care for a disabled loved one? Were you aware that since 1987, March has been recognized as Developmental Disabilities Awareness Month? The month of March does provide a national focus on this important area of estate planning for a disabled loved one, however, it is a topic we focus on every month of the year in our practice. Everything from ensuring a minor child facing a disability is protected in every potential future circumstance through the parent or grandparents Florida estate planning to providing for an older loved one who may need long-term care inside or outside the home, we can provide the guidance you need to protect your disabled loved one.

When you begin planning and drafting your comprehensive estate plan with your Florida estate planning attorney for your disabled loved one there are many legal considerations you need to think about. You may be inclined to avoid this planning because of the difficult conversations it forces you to have, but we encourage you not to wait to complete your Florida estate planning. It is extremely important to plan ahead for the long-term future of your loved one with special needs. 

We have some information we would like you to think about when meeting with your Florida estate planning attorney to create your Florida estate plan when you have a disabled loved one.

1. Most importantly plan now…not later! Were you aware that in Florida when anyone reaches the age of majority, there will be changes that take place? Did you know that even if the person is disabled and is unable to provide for him or herself or can barely function independently, a parent or grandparent no longer has the legal right to make financial or health care decisions once the child is deemed an adult?  Without planning ahead and creating a good Florida estate plan, even someone with a significant developmental, cognitive or mental health disability is legally permitted to make decisions at the age of majority. 
2. When thinking of your disabled loved one, be sure to choose highly qualified future decision maker(s). The future decision maker(s) you choose for your disabled loved one will have the legal authority to make decisions for your disabled loved one under your Florida estate plan.  Your Florida estate planning attorney, who has specific expertise in this area, can be particularly helpful for guidance, especially when it comes to choosing a decision maker(s) for the person and property of your disabled loved one. He may recommend a Florida special needs trust. This is a Florida estate planning tool that can be set up for your loved one to ensure that money will be available throughout his or her lifetime. It can be used for your loved one while not interrupting his or her ability to receive public benefits, such as Medicaid or Supplemental Security Income.  
3. Keep a record of how you cared for your loved one, complete with daily routines of care, schooling, medical, financial and more. These daily, monthly and/or yearly records will document how you cared for your disabled loved one, provide names of medical providers, facilities and more and will actually form the foundation for a care plan for your disabled loved one. This will give the future decision maker(s) you choose for your disabled loved one a guide to look at as they care for your disabled loved one. 

We know you may have questions about this, and many other, estate planning issues. At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services.  By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Do you have a Florida estate plan? If your answer is no, what will happen if you do not have an estate plan? Without an estate plan, your assets will be distributed according to the laws of your state of residence at the time of your death. For example, if you are a Florida resident at the time of your passing and you do not have an estate plan, your assets will be distributed according to the laws of Florida. This process is called probate and it can be time-consuming and expensive. Another concern you should have is that without an estate plan, your assets may not be distributed according to your wishes, and your loved ones may not be provided for as you would have wanted.

Unfortunately, without an estate plan, there may be disputes among your family members or other potential beneficiaries about how your assets should be distributed, which can lead to costly legal battles. If you have minor children an estate plan is critical because it will allow you to name a guardian for your minor children, in case both you and your spouse are unable to care for them. Finally, if you have a specific charity or organization in mind that you would like to support, an estate plan can ensure that your assets will be distributed to these specific charities or organizations.

Now if you die without an estate plan in the state of Florida, your assets will be distributed according to the laws of intestacy. This means that the state will determine how your assets will be distributed, and it may not align with your wishes. Here are four points to be aware of if you do not have an estate plan.

1. If you are married and have children, there are many different scenarios that may occur in regard to the distribution of your assets by the court system of the state you pass away in. If you are not married and have children, your children will again receive what the state dictates. Also, if any of your family have special needs that is another scenario that can be impactful. It is highly recommended that you meet with a Florida estate planning attorney as soon as possible so that you can decide what is best for you, your family and your legacy.
2. If you are not married and do not have children, your assets may be distributed to your parents or siblings, depending on who is still living.
3. If you die without any surviving relatives, your assets could go to the state.
4. Remember, the probate process in Florida can be time-consuming and expensive, and it may not be private.

Be aware that if you die without an estate plan in Florida, your assets will be distributed according to the laws of intestacy and it may not align with your wishes, and your loved ones may not be taken care of as you would have wanted. Also, the probate process can be costly and time-consuming and may not be private. We highly recommend that you begin creating your Florida estate plan as soon as possible.

At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services. By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Did you know that the purpose of an assisted living facility is to provide adults with the assistance they need with activities of daily living? What are activities of daily living? They are, to name a few, bathing, dressing, and medication management. However, the assisted living facility also allows the adults to maintain as much independence as possible. Assisted living facilities also provide social and recreational activities, housekeeping, and meals. They are designed for seniors or people with disabilities who may not need the level of care provided in a nursing home but still require some assistance with daily tasks.

We would like to share the following factors to consider when determining if it is time to move into assisted living, including:

• Accomplishing your daily activities is almost impossible. If you are having difficulty with basic tasks such as bathing, dressing, and cooking, it may be time to consider assisted living.
• You are often afraid you will be alone if you need help. If you are at risk of falling or have other safety concerns, assisted living can provide a safer environment.
• You are lonely. An assisted living facility can provide opportunities for socialization and activities, which will be beneficial for you so that you are no longer isolated at home.
• You know that your health is not good. If you have chronic health conditions that require frequent monitoring or assistance with medication, assisted living may be a good option.

As you consider moving into an assisted living facility we highly recommend that you meet with a Florida elder law attorney. He can help you with long-term care planning to help you look at your finances and paying the costs of an assisted living facility.  

We know this article may raise more questions than it answers. We know you may have questions about this, and many other, issues. At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services.  By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Do prenuptials and estate planning really go together? Absolutely!! There should not be any negative thoughts or feelings about either type of planning. Let’s begin this discussion by explaining exactly what a prenuptial agreement is: It is a contract between two parties who intend to marry. This contract outlines exactly what property the parties agree to keep as separate, non-marital property and how that property will be divided in the event of a dissolution of the marriage or the death of a spouse. Keep in mind that by entering into a prenuptial agreement does not mean that you do not have faith in your upcoming marriage or want to plan for a divorce. 

We would like to share with you two main reasons why a prenuptial agreement is important  and whether you should have one in your estate plan.

1. First, most couples enter into prenuptial agreements when they want to outline how their property will be distributed when they die if they have children outside the marriage. In most states, if you have a surviving spouse, you cannot leave all of your estate to your children. It does not matter what your will says; the surviving spouse can elect to disregard the will and inherit up to one-half of the estate, depending on the state’s laws. A prenuptial agreement governing the distribution of assets can help to ensure that your property passes to your children and surviving spouse in the proportions that you desire rather than the proportions outlined in the laws of your state.
2. The second reason for entering into a prenuptial agreement is that you want to dictate to whom you wish to leave valuable assets acquired prior to the marriage. If you do not have a prenuptial agreement, those assets may become part of your estate that can be inherited by your spouse upon your death. If your desire is to leave those assets to someone other than your spouse, your will or trust alone may not be enough because of the rights given to spouses under the laws of most states. Therefore, including that information in a prenuptial agreement can help ensure those assets pass in the way in which you intend.

Most importantly, we highly recommend that if you are marrying, or remarrying, make sure you consult a Florida estate planning attorney who is experienced in these issues so that you can be certain you incorporate a prenuptial agreement into your estate planning, if it is prudent to do so.

We know this article may raise more questions than it answers. At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services. By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Have you recently had a family member pass away in Florida? Is opening a probate going to be necessary? What exactly is probate? Probate is a court-supervised process for identifying and gathering the assets of a deceased person (the decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. It is highly recommended that you find a qualified Florida probate attorney to help you navigate all the requirements of the probate. But, how do you choose a probate attorney and what should you look for? We can help.

Choosing a qualified Florida probate attorney is an important decision.  Probate can be a complex process and having a good Florida probate attorney can ensure that your loved one’s estate is handled efficiently and in accordance with Florida laws. We have a few steps you can take to help you and your family choose an appropriate probate attorney in Florida:

• Do some research on probate attorneys: Be sure to look for attorneys who specialize in probate and have experience practicing in Florida. Check their websites and read reviews from previous clients.
• Checking the qualifications of your potential probate attorney is a must: Make sure the probate attorney you are considering is licensed to practice law in Florida and has the necessary qualifications to handle probate matters.
• Do not hesitate to ask for referrals: Ask friends, family, and other professionals for referrals to probate attorneys in Florida.
• Just schedule a consultation: Schedule a consultation with the potential Florida probate attorney to discuss the probate process and to determine if he is a good fit for you.
• Be sure you are comfortable with his communication style and approach: It is important that you feel comfortable communicating with the potential probate attorney and that you trust his approach.
• Do not hesitate to ask about fees: You need to be sure you understand the attorney’s fees and that they are acceptable to you and your family.

By following these steps and taking the time to find the right Florida probate attorney, you can rest assured that the probate process will run smoothly and that the estate will be handled efficiently and in accordance with Florida laws. Your qualified and experienced Florida probate attorney will also be sure that any disputes are resolved, all legal requirements are met, deadlines are met, and also that the legal rights of the beneficiaries and heirs are protected.

There is not doubt that choosing a qualified and experienced Florida probate attorney to help guide you through the legal process of settling the estate of a deceased person, including filing the necessary paperwork, handling any disputes that may arise, and ensuring that the assets of the estate are distributed according to the terms of the will or applicable state of Florida laws is vital. He can also advise you on tax matters related to the estate and provide legal representation if any issues come up in probate court. Hiring a qualified Florida probate attorney can help ensure that the probate process goes as smoothly as possible and that the final distribution of the estate is done correctly.

We know you may have questions about this, and many other, estate planning issues. At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services.  By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

Have you wondered why you might need a local Florida estate planning attorney? Are you aware of how many families live in “non-traditional” configurations? In fact, there has definitely been an expansion in the definition of what a traditional family is. But when it comes to estate planning, the process can be trickier if your family does not fit into the classic mold of two married opposite-sex parents and two biological children.

In fact, it is critical that you get the correct estate planning tools in place to ensure your family is provided for in the manner you want for them. If you have ever been divorced or had a child with a partner other than your current spouse, and you still have minor children, it may be important to choose a local Florida estate planning attorney. Your local Florida estate planning attorney should have experience with blended families in order to guide you through the estate planning process.

Typically, married parents leave everything they have to the other parent, trusting that this person will use the money to care for their children. However, if you are divorced or re-partnered, did you know that one of the most important criteria in choosing a Florida estate planning attorney may be finding a local Florida estate planning attorney who can assist you in making arrangements for both your new partner and your minor children?

Did you know there are many types of families? Some blended families are “yours, mine, and ours” configurations wherein one or both parents have children from a prior marriage. Some of those blended families may then have additional biological children born into the new marriage. There are also some single parents who have their own households, while others live with extended families who develop close relationships with their children that are parent-like in nature.

Are you currently not married to your child’s other parent, and are you in any of the above mentioned situations? Then finding a Florida estate planning attorney in your area who has experience beyond cookie-cutter configurations may be important to make sure the right financial arrangements are structured. Be aware that when you are no longer married to your children’s other parent, making sure that your children are financially safe may require you to name a custodian for any money they will inherit as minors. Unless you are extremely amicable, most single parents would not choose their ex-partner as this custodian, even if the children would ultimately live with that person due to legal custody arrangements.

However, through estate planning you can choose your current partner, a grandparent, or any friend or relative you trust to manage your children’s inheritance. It is important to choose someone. The right Florida estate planning attorney will guide you in making this choice.

At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services. By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.

In your family, do you have an aging loved one who may soon need to move into a nursing home? Are you concerned with what could happen to your aging loved one in a nursing home? How do you find one that will take responsible care of your loved one?

We have created a checklist of key items for you to look for as inquire about when visiting potential nursing homes. Use this checklist of key items before you decide on the right nursing home for your loved one. When you visit potential nursing homes, speak up and ask about these key items and whether there have been any incidences of these items occurring. The administration must be forthcoming in letting you know what happens in their facility in regard to the following key items.

1. Bedsores, also known as pressure ulcers. These are painful sores that most often result from a lack of attention and care. Now this is especially true for senior residents who have difficulty with physical mobility. If an aging senior is left lying in bed or sitting in a wheelchair for too long, circulation can be impeded and sores may develop in areas of the body where skin presses against bone. Sores can be especially in the areas of the elbows, hips, ankles and along the spine. This is an extremely serious problem because infections can easily begin. These infections will lead to major health problems, and could even be life-threatening. They are also completely avoidable! Nursing home caretakers should be well-educated about them and treat aging residents accordingly.

2. Re-Positioning. If senior residents are at-risk for bedsores, ask how often they are re-positioned? As a general rule most everyone shifts and moves when sleeping or lying down, but seniors with mobility issues may not be able to. Therefore, they need to be gently, and frequently, re-positioned.

3. Hydration. It is imperative that everyone have proper hydration, but this is especially true for the elderly. Aging adults have skin that is especially vulnerable to becoming dry and thin from lack of fluids. This dry and thin skin of the aging adult then increases the risk of developing bedsores. Make sure that an aging loved one has plenty of liquids around them at all times, and advocate for the use of skin lotions as well.

4. Hygiene. When elderly people are immobile they need special attention to keep up their personal hygiene, especially with respect to bodily waste. If their hygiene is not properly cared for, irritated skin can lead almost immediately to rashes and infected bedsores and cause catastrophic results.

Armed with the knowledge of these basics will help you make sure that the facility your senior loved one moves into knows and understands how to protect aging seniors. In addition, and most importantly, when you visit your loved one you can observe whether the nursing home is caring properly for their aging and frail residents. With the health and well-being of vulnerable loved ones at stake, it is vital that you look out for bedsores and neglect when you visit.

If you suspect an aging loved one is suffering from neglect or bedsores in a nursing home, it is highly recommended that you speak with an attorney to do something about it. Do not wait. If you have questions, do not wait to contact our law office to ask them.

We know this article may raise more questions than it answers. We know you may have questions about this, and many other, issues. At the Law Office of Brian C. Perlin, P.A., our credentials enable us to provide a multi-disciplinary approach to our legal services. By building relationships with our clients, we are also able to understand each client’s needs and desires, and we support such goals through thoughtful, comprehensive planning techniques. We encourage you to contact us and schedule a meeting.