Basic Estate Planning in Florida: Edition 8

Basic Estate Planning In Florida – 8th Edition Highlights

Discussion of new laws, cases, and rules, including the effect of the American Taxpayer Relief Act of 2012 (ATRA) on:
• various estate planning tools; and on
• taxable rates; estate, gift, generation skipping, and income taxes; applicable exclusion amounts; and the portable deceased spousal unused exclusion (DSUE) amount for citizens and noncitizens;
• general and limited powers of appointment, including "decanting", and releases and disclaimers of power; a spouse's election to take homestead as a tenant in common rather than through a life estate; and the treatment of insurance proceeds payable to a trust;
• community property; the homestead exemption, and estate planning issues for same-sex couples;
• compliance with Treasury Dept. Circular No. 230 for written tax advice; and
• ethical issues, including the attorney's duty to third parties, asset protection planning, and gifts to lawyers and their relatives

Revised forms and checklists

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Additional Information

Publisher
LexisNexis
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Published on
Dec 10, 2014
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Pages
779
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ISBN
9781632815774
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Features
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Language
English
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Genres
Law / Estates & Trusts
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Content Protection
This content is DRM protected.
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Available on Android devices
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Written by skilled probate attorneys, Practice Under Florida Probate Code provides comprehensive analysis of all the steps that you need to take to administer an estate in Florida. It features discussions of major changes to the Probate Code made over the past few years, alerts the user to recent changes to the Florida Probate Rules, and also highlights relevant tax considerations. Forms, sample accountings, and charts for basic probate practice enhance the book's practitioner focus.

Discussion of new and revised statutory provisions and rules, including:Florida Electronic Wills Act;Florida Fiduciary Access to Digital Assets Act;elective share laws;fiduciary lawyer-client privilege;apportionment of estate taxes;duty of the personal representative to resign;law governing non-resident’s disposition of Florida property; andextension of deadline for objections to validity of will, venue, or jurisdiction.
Updated case law and discussion of numerous topics, including:ethical resolution when client designates drafting attorney as personal representative;disgorgement and surcharge against attorneys and personal representatives;how to effect spouse’s valid waiver of homestead rights;procedure to release real property from federal tax liens and personal representative’s possession;electronic filing of court documents and timely filing of claims;when to file Notice of Confidential Information;dependent relative revocation;formal and informal notice and in personam jurisdiction; andrequirement that death certificates name legally wedded same-sex spouse.
Written by skilled probate attorneys, Practice Under Florida Probate Code provides comprehensive analysis of all the steps that you need to take to administer an estate in Florida. It features discussions of major changes to the Probate Code made over the past few years, alerts the user to recent changes to the Florida Probate Rules, and also highlights relevant tax considerations. Forms, sample accountings, and charts for basic probate practice enhance the book's practitioner focus.

Discussion of new and revised statutory provisions and rules, including:Florida Electronic Wills Act;Florida Fiduciary Access to Digital Assets Act;elective share laws;fiduciary lawyer-client privilege;apportionment of estate taxes;duty of the personal representative to resign;law governing non-resident’s disposition of Florida property; andextension of deadline for objections to validity of will, venue, or jurisdiction.
Updated case law and discussion of numerous topics, including:ethical resolution when client designates drafting attorney as personal representative;disgorgement and surcharge against attorneys and personal representatives;how to effect spouse’s valid waiver of homestead rights;procedure to release real property from federal tax liens and personal representative’s possession;electronic filing of court documents and timely filing of claims;when to file Notice of Confidential Information;dependent relative revocation;formal and informal notice and in personam jurisdiction; andrequirement that death certificates name legally wedded same-sex spouse.
In June 2013, the Florida Supreme Court authorized the publication of Florida Standard Jury Instructions: Contract and Business Cases. These instructions contain the "how to write instructions" appendix section of the Florida Supreme Court Committee's Standard Jury Instructions in Civil Cases, Sections 100, 200, 300, 600, 700, and 800 of those instructions, as well as Sections 400 and 500 that focus specifically on contract and business instructions. The Second Edition, now presented in an easy-to-use loose-leaf binder, updates the instructions with the changes incorporated after this title was originally produced.

Accordingly, the new business and contract-specific instructions are limited to Sections 400 and 500 of the instructions:

•   Section 400: Substantive Instructions, contains instructions for the principal issues the jury is to resolve and the legal principles governing the resolution of those issues, organized according to specific causes of action. These instructions are individually numbered under 416 in order to not conflict with the already existing instructions numbered 401 through 415 by the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases.

• ;  Section 500: Damages, contains instructions on damages arranged so that the various elements of damage proper for consideration in any given case may be selected. The model charges contain guidance on straightforward and complicated or multiple claim cases. These instructions are individually numbered under 504 to not conflict with the instructions already existing numbered 501 through 503 by the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases.
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