Do I Need A Living Will, A Do Not Resuscitate Order, Or Both?

In our estate planning practice, we encourage our clients to make important advance decisions as to their own health care.  This involves “advance directives” such as designating a Health Care Surrogate (and back-up persons) to make health care decisions if you become incapacitated and can no longer make those decisions for yourself; and, preparing a […]

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PARENTS NEED TRUSTS FOR MINORS

It is not unusual for someone to name their children, or a niece or nephew as beneficiaries, or contingent beneficiaries on their life insurance policies.  Sometimes an employer may offer group life insurance coverage and in haste, the employee names minor children as beneficiaries of that policy.  “I want them to have that money for […]

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Be Careful How You Title Your Car (Or Whom You Loan It To)

How a motor vehicle is titled can have serious liability ramifications. Florida follows the “Dangerous Instrumentality Doctrine” which basically recognizes that driving a vehicle is one of the most dangerous things that we do.  Therefore, if an owner of a vehicle voluntarily allows another person to drive that vehicle, and they negligently injure someone, the […]

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Life Insurance Proceeds Received 180 Days After Filing Chapter 13 Bankruptcy Is Property of the Bankruptcy Estate

The Middle District of Florida Bankruptcy Court in the case of In Re: Roscoe (siding with the majority view), recently ruled that Bankruptcy Code Section 1306(a) expands the definition of “estate property” (i.e. property that is available to pay creditors) to include life insurance proceeds for one of the debtors who died after the case […]

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Law Resources

Don’t forget the Operating Agreement for your new LLC

The limited liability company is a popular business entity for owners of investment real property who wish to protect themselves from business debts and liabilities. To form a limited liability company (“LLC”) in Florida, the essential document which must be filed with the state is the Articles of Organization. It identifies the LLC’s members (owners), […]

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Elder Law Attorney Discusses Special Needs Planning with PwC Employees

On June 20, 2017, the firm’s special needs planning attorney, Elizabeth Allen, gave a presentation on planning for individuals with special needs to employees of PricewaterhouseCoopers in Tampa.  The presentation was held at the offices of PwC and covered the topics of Supplemental Security Income, Social Security Disability Income, Disabled Adult Child benefits, Medicare and […]

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