Bit by Bit – Bitcoin and South Florida Real Estate

2019-10-03T16:56:11-04:00November 6th, 2017|Categories: Financial|

Bitcoin is considered the first decentralized digital currency and with or without us, it's already a global phenomenon. Most people that I know want to invest in Bitcoins, hoping the price against the USD appreciates significantly and they can make a profit from it. However, some industries, including real estate, are starting to capitalize on [Read More ...]

Hugh Hefner: An Estate Planning Role Model

2019-10-03T16:33:01-04:00October 31st, 2017|Categories: Estate Planning, Trusts, Wills|

In case you haven’t heard, Hugh Hefner “Hef”, the publisher of Playboy Magazine, died last month, at the age of ninety-one. Although his Will was not made public, It’s clear that Hef took the necessary steps to ensure that his estate plan was iron clad. Hef is survived by his third wife Crystal Hefner and [Read More ...]

National Will Registry Is on the Way

2019-10-03T16:41:10-04:00July 6th, 2015|Categories: Wills|

Although Florida has adopted its own code provisions regarding the practice and procedure for admitting lost or destroyed Wills into probate (see Florida Probate Rule 5.510), a national Will registry is an exciting notion. The U.S. Will Registry (www.WillsUS.com) will allow individuals to find the location and holders of Last Wills and Testaments. The registry [Read More ...]

Record Deed Scam – Useless Documents

2019-10-03T16:59:54-04:00April 1st, 2015|Categories: Real Estate|

After recording a deed, I tell my clients to look out for mailings that may look official, but are really a scam. The victims of the deed scam are new homeowners in South Florida. They are deceived by the formal-looking letter, which looks like a government bill, and asks for an $83 "document fee" for [Read More ...]

Testimonial on a Monday Morning

2019-10-03T16:53:28-04:00December 22nd, 2014|Categories: Uncategorized|

I came into the office this morning to the nicest email. Although a testimonial, I couldn't resist posting it as this is what makes our job as gratifying as it is. This was a very complicated estate with family members all over the place. There was property in several states and a somewhat contentious dynamic [Read More ...]

Estate Planning for Same-Sex Unions in Florida

2019-10-03T16:45:56-04:00October 29th, 2014|Categories: Estate Planning|

The US Supreme Court, in United States v. Windsor, 133 S. Ct. 2675 (2013) recently held that for purposes of applying federal law, same-sex married couples residing in a jurisdiction that recognizes same-sex marriages (like New York) are to be treated the same as opposite-sex married couples. The Court, however, did not decide the legal [Read More ...]

Our Firm is Growing!

2019-10-03T16:54:29-04:00October 3rd, 2014|Categories: Uncategorized|

It's with a great deal of pleasure and excitement that I announce my purchase of the Law Offices of McVeigh & Matlack of Wilton Manors. Linda Matlack and I will continue the tradition we have for personal service with excellent results together. The address remains the same, the telephone number remains the same, the staff [Read More ...]

What’s Portability?

2019-10-03T16:47:02-04:00July 18th, 2014|Categories: Estate Planning|Tags: , |

More than a fancy word, there are two portability programs I discuss frequently with folks: 1. The Florida Portability Transfer of Homestead, where beginning in 2008 Florida homeowners can transfer (or port) the savings they’ve accumulated (known as the Homestead Assessment Difference) to another homesteaded property, up to $500,000. 2. The Federal estate planning device [Read More ...]

Estate Planning with Religion in Mind

2019-10-03T16:46:35-04:00April 2nd, 2014|Categories: Estate Planning|

According to many surveys, 95 percent of Americans believe in G-d or some type of higher power. While some define religion as a belief in G-d, not all religions do. For some, spirituality may be a vital part of their lives, but not include a belief in G-d. Whatever your religious views or spiritual nature, [Read More ...]

What’s Better, a Will or a Trust?

2019-10-03T16:33:21-04:00March 12th, 2014|Categories: Trusts, Wills|

As an estate planning attorney, I’m often asked, "How do I know if I need a trust as opposed to a will?"  Many people assume that Trusts are just for the wealthy, but the benefits that they offer to the average person are significant.  Here are a few factors to consider when deciding between a [Read More ...]

Power of Attorney – Attorney In Fact / Agent Acceptance

2019-10-03T16:17:21-04:00March 12th, 2014|Categories: Power of Attorney|

I was recently asked the following question from a fellow attorney, “I have general power of attorney that isn’t signed/accepted by the attorney-in-fact/agent. Doesn’t the agent have to sign it to be binding? Principal and witnesses did sign and notarize.” The answer is as follows: Section 709.2113 of the Florida Statutes states that “Except as [Read More ...]

Can You Disinherit Your Spouse?

2019-10-03T16:41:56-04:00March 7th, 2014|Categories: Wills|

I get asked this question a lot. The general rule is that in your Last Will and Testament, you can dictate who gets your property after your death. The surprising fact is that in Florida and New York you cannot intentionally disinherit your spouse unless he or she agrees in writing to be disinherited (through [Read More ...]

What’s a Grantor Retained Annuity Trust (GRAT)

2019-10-21T16:35:39-04:00March 5th, 2014|Categories: Trusts|

What's a Grantor Retained Annuity Trust (GRAT) A grantor retained annuity trust is an effective estate planning tool that has a number of advantages over other techniques. It allows the creator of a trust to receive annuity payments based on assets placed in the trust. The grantor retains his or her rights to the annuity [Read More ...]

Power of Attorney Revocation

2019-10-03T16:18:04-04:00March 1st, 2014|Categories: Power of Attorney|Tags: , |

I was recently contacted by a client going through a divorce and wondering how he can revoke his Power of Attorney (PoA) naming his soon-to-be ex wife. The typical way to revoke a PoA is to create a new one, a subsequent PoA will revoke the previous PoA. This particular client didn’t want his wife [Read More ...]

Reasons to Create a Trust

2019-10-03T16:33:43-04:00February 26th, 2014|Categories: Trusts|

A well-crafted estate plan often includes a Trust. As flexible and powerful tools, Trusts allow us to gain greater control over how assets pass are passed on to future generations. There are several reasons to create a Trust, specific to each individual’s circumstances. Often, people establish a Trust as a method of protection. Protecting one’s [Read More ...]

Types of Trusts Available

2019-10-03T16:39:19-04:00February 20th, 2014|Categories: Trusts|

There are many types of trusts available; each designed to help achieve a specific goal. Below is a list of the types of Trusts available. Private Asset Trust - PAT Asset Protection Trusts Seniors Residence Trust Living Revocable Trust GRAT Trust GRIT Trust REIT Trust Statute Trust or trust by Statute Trust By Will Family [Read More ...]