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Estates

What to Know if You’re Executor of a DIY Will

Posted on: April 20th, 2017
Provisions in DIY wills can increase administrative expenses in probate, and can also cause estate administrative problems for executors. ...

Some Estates May Be Eligible for ‘Good Cause’ Portability Extensions

Posted on: April 7th, 2017
Limited options remain for late portability elections, but some estates may be eligible. A number of Private Letter Rulings have highlighted late portability election approvals. ...

TrustCounsel Launches Trust, Probate, and Tax Law Legal Library

Posted on: March 23rd, 2017
​In case you missed it, TrustCounsel launched a collection of legal resources in January 2017. Created to enlighten individuals and legal practitioners on critical matters that surface in trust and estate administration, the Legal Library will be updated on a regular basis to address contemporary issues pertaining to probate, trusts, and related tax matters. ...

Some Estate Claims in Florida Not Subject to Creditor Claim Period

Posted on: February 22nd, 2017
Florida’s Probate Code provides a short window of time for creditors to make claims against the decedent’s estate following creditor notification, with a statute of limitations extending two years after the decedent’s date of death. A recent appeals court decision involving an estate and a claim against an insurance company for bad faith draws attention to application of statutes of limitations, the degree to which estates are immune to claims, and an insurance company’s powers to refuse defense of an estate. ...

Key Points in the Death Tax Repeal Act of 2017

Posted on: February 11th, 2017
The Death Tax Repeal Act of 2017 was introduced just a few days after the first of the year. In late January, another bill was introduced to the House. This bill includes provisions for permanently setting the lifetime gift tax exemption (with an inflation adjustment) and a maximum gift tax rate of 35 percent. ...

Overview of Florida’s Pending Electronic Wills Act

Posted on: February 6th, 2017
While the term digital estate planning refers to developing provisions for post-mortem transfers or disposition of online assets, S.B. 206 (known as the Florida Electronic Wills Act) addresses a digital component of one’s estate plan. An electronic will is one that is prepared, executed, and stored entirely on digital platforms....

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