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February 2016 Archives

Estate planning in Florida includes more than you may think

When most people in Florida think about estate planning, they think about wills. While wills are, perhaps, the most commonly used estate planning document, a will is not only the only document you may need for comprehensive estate planning. In fact, multiple documents are usually needed to ensure an individual?s long-term plans are guaranteed.

What are common causes of probate litigation in Florida?

In the state of Florida, intestacy laws exist that determine to whom assets are distributed after the deaths of individuals who failed to make legally binding estate plans. For those who were forward-thinking and put estate plans in place, assets are distributed according to their wishes during the probate process. However, in some cases, disputes can result in probate litigation. What are the most common causes of probate litigation?

Do beneficiaries of living trusts have rights in Florida?

When Florida residents decide to make loved ones beneficiaries of living trusts, many of those listed as beneficiaries are unsure of their rights. Fortunately, information is available that outlines beneficiaries' rights that can help eliminate this uncertainty. So, exactly what rights do beneficiaries have?

Charity litigation in Florida can involve federal agencies

When most people think of charity litigation, they think of one of two scenarios. Some think of disputes filed by representatives of a charity against a trustee due to suspected mismanagement of assets. Others think of disputes filed by family members of decedents who left assets to charities much to the dismay of those loved ones. However, a third scenario, as demonstrated by a case in Florida, is possible -- charity litigation can actually arise from investigations by federal agencies.

Mergers and acquisitions require careful evaluation and planning

As businesses grow and markets change, sometimes company leaders find themselves in positions where merging with or acquiring other businesses seem like wise moves. Unfortunately, after careful consideration, many find that what seems to be is not what really is. At the law firm of Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A., our job is to carefully evaluate potential mergers and acquisitions to determine if such a move is wise and then assist our clients in planning for their upcoming business transactions. 

Florida residential real estate market in a conflicted position

The Florida real estate market, for both commercial and residential property, has been improving after years of sluggishness due to the recession that began in 2008. However, recent reports offer conflicting information about the status of Florida's residential real estate market. In one report, an increase in condominium construction plans is tempered by a global economic slowdown and a stronger dollar.

A charitable trust in an estate plan can lead to disputes

Some people in Florida decide to create charitable trusts as a way to leave the fruits of their labors to organizations they support. Unfortunately, sometimes a decedent?s decision to include a charitable trust as part of his or her estate plan can lead to disputes after his or her death. When charitable disputes arise, the help of a legal professional is often required, as these disputes can be quite complex.

Medicaid planning among most common elder law issues

When you think about your future, do you think about your medical care? If not, perhaps it is time to begin. As Florida residents live longer lives, the concern about future medical care has become one of the most common elder law issues in the state. Medicaid planning is one way to ensure your future medical care, especially should the need for long-term care arise, does not leave your estate depleted.

2016 changes affect planning for estate taxes in Florida

When Florida residents create estate plans, many only think about the distribution of their assets. However, they need to also consider possible estate taxes during the planning process. To ensure estate taxes are considered, it is important to stay current on federal estate tax regulations.

Guardianships fall under estate planning in the state of Florida

Estate planning is an area of the law that surprises many because of its various components. One of the components of estate planning that many forget is guardianship. Even though often forgotten, guardianships regularly prove among the most useful estate planning tools.

Florida business owners face business litigation in many forms

The term "business litigation" often conjures up images of contract disputes. However, business litigation can come in many forms and can result from any number of actions or, in some cases, inactions. Regardless of the reasons behind litigation, very few Florida business owners would ever try to navigate the legal process without the help of experienced business law attorneys.

Are you considering a commercial real estate purchase in Florida?

The Florida real estate market appears to be headed toward recovery. From Jacksonville to Pensacola and Orlando to Miami, prices are on the way up, and ground is being broken on new developments. In even better news, the upswing in the market is not limited to residential property; commercial real estate is included in the recovery, making many consider investing in commercial property in the state. If you are considering getting into the Florida real estate game, the assistance of an experienced attorney can make the process much simpler and ensure your investment is sound.

Assistance can help your loved ones avoid estate taxes in Florida

When people create estate plans, they often think only of ensuring that their assets are distributed to their loved ones according to their wishes. Unfortunately, loved ones who are listed as beneficiaries in estate plans often receive not only assets but also tax burdens. For the residents of South Florida who would like to ensure that their loved ones are not responsible for burdensome estate taxes, help is available at Frese, Hansen, Anderson, Anderson, Heuston & Whitehead, P.A.

Have you reviewed your estate plan lately?

Florida residents who have estate plans in place are already ahead of the curve. Even so, after the creation of an estate plan, the estate planning process is not complete. In fact, estate planning is an ongoing process that requires regular reviews to ensure the plan's continued effectiveness.

What are the benefits of having a living will?

Florida is known throughout the United States as the Sunshine State. Thanks to its reputation for sunny skies and warm temperatures, retirees flock to Florida every year to escape the cold blanketing other regions of the country. When most people see reports on health care law, they assume the reports are directed toward those retirees. However, there are benefits to creating health care plans for all the state's residents, regardless of age. So, what are the benefits of a living will, specifically?

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