Decoding U.S. Tax Status: Income vs. Estate Taxes | FL Estate Planning & Probate Lawyer
Being a U.S. person for taxes involves different rules for income and estate taxes. If you have a green card or meet the substantial presence test, you're a U.S. person for income taxes. However, for estate taxes, it's about where you consider your permanent home (domicile), not just where you live. This analysis is complex, considering various factors. If you're not a U.S. citizen but want to be treated as a U.S. resident for estate tax purposes, seeking guidance and taking specific steps is crucial. Understanding these differences is key, especially for non-citizens in the U.S.
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#EstatePlanningLawyer #IncomeTax #EstateTax
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Revealing Estate Tax Benefits: A Closer Look at QPRT (Qualified Personal Residence Trust)
In this quick tip, learn how this method can enhance your estate planning and preserve your legacy. Samantha Fitzgerald dives into the world of QPRT—Qualified Personal Residence Trust. This strategic estate tax reduction technique involves transferring a second home, investment property, or vacation home into an irrevocable trust for a specified term, allowing you to retain the property's use during this period. By calculating the value of your retained interest, you can minimize the gift tax impact, making QPRT an effective tool to transfer assets without depleting your estate and gift tax exemption.
#estateplanning #assetprotectionplanning #taxstrategy
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Exploring Probate Real Estate with Samantha Fitzgerald and Los Angeles Broker Bill Gross
Samantha Fitzgerald engages in a conversation with Bill Gross, a Los Angeles-based real estate broker specializing in probate real estate.
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Probate Insights in South Florida | Estate Planning & Probate Lawyer
Samantha Fitzgerald (attorney), Ellen Mitchel (realtor), and Bruce Silverman (host) dives into the intricate realm of probate in sunny South Florida on the 'Your Heels on the Ground' podcast. The expert panel discusses unique challenges and insights associated with probate in the region.
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Samantha Fitzgerald is a seasoned attorney with over 24 years of experience. She's a Florida Bar member, US District Court practitioner, US Tax Court advocate, and a Certified Public Accountant. Samantha's Plantation-based law firm specializes in estate planning, probate, and trust administration, offering the personalized service of a boutique firm and the resources of a larger one. SJF Law Group serves clients statewide by offering convenient virtual appointments throughout Florida.
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What Happens to Assets When Someone Causes a Death (The Slayer Statue Unveiled)
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According to Florida law, if you cause someone's death, you forfeit the right to inherit from their estate. It may sound obvious, but there's more to it than meets the eye.
While this rule bars direct inheritance, it extends to prevent benefiting from property transfers, such as being a beneficiary under a life insurance policy or gaining interest in real property due to the deceased, like a remainder interest in a life estate or property held jointly with rights of survivorship.
Essentially, the law treats it as if you predeceased the person you caused harm to. However, there's an interesting twist—this doesn't affect the killer's children. They can still inherit or receive property since it's not their fault that their parent committed the act. It's a peculiar rule that warrants careful consideration in the unfortunate event of a tragic incident to determine how assets are distributed.
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Estate Planning Client Testimonial | Florida Estate Planning & Probate Lawyer
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Since 2011, SJF Law Group has been dedicated to safeguarding our clients' families through comprehensive estate planning, probate, and trust administration services. We take pride in merging the personalized care and attention of a boutique firm with the expertise and legal acumen of a larger organization.
SJF Law Group is delighted to introduce our Remote Estate Planning Service, accessible across Florida, providing a convenient option for individuals and families seeking to harmonize their work and personal commitments in today's fast-paced world.
In the realm of estate planning, SJF Law Group firmly believes that there is no "one-size-fits-all" solution. Instead, there is only the approach that perfectly aligns with your unique needs and the well-being of your family.
To schedule a consultation, please contact our office - https://estateandprobatelawyer.com/contact/
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Florida Estate Planning Case Study: Teenage Car Accident and Asset Protection
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In this Florida estate planning case study, Samantha dives into a real-life scenario where a teenage child was involved in a car accident, leaving their parents potentially vulnerable to lawsuits. They turned to Samantha for guidance and asset protection strategies.
These are the problems that came up in this particular estate planning case:
Problem #1: Timing Matters
The first challenge they faced was attempting to set up a trust after the accident had occurred. It's crucial to plan for asset protection well in advance. In Florida, there is a law known as the Fraudulent Transfer Act that would affect this.
Problem #2: The Revocable Trust Misconception
Simply putting assets into a revocable trust might not offer the asset protection parents are seeking and the importance of considering alternative solutions.
Problem #3: Titled Cars and Parental Responsibility
Samantha highlights the significance of who holds the title for the vehicle and who signs off on a child's driver's permit, emphasizing the need to make wise decisions regarding assets and income distribution.
Problem #4: Insufficient Car Insurance Coverage
Insurance matters, especially when you have young drivers. Samantha discusses the necessity of having adequate car insurance coverage, including bodily injury protection and uninsured motorist coverage, to safeguard your financial well-being.
In this estate planning case study, Samantha explores real-world challenges and practical solutions for protecting your assets in the aftermath of unexpected events.
Don't wait until it's too late – take proactive steps to secure your family's future.
Samantha Fitzgerald, Esq. is a seasoned attorney with over 24 years of experience. She’s a Florida Bar member, US District Court practitioner, US Tax Court advocate, and a Certified Public Accountant. Samantha’s Florida-based law firm specializes in estate planning, probate, and trust administration, offering the personalized service of a boutique firm and the resources of a larger one. Her law firm, SJF Law Group, serves clients statewide by offering convenient virtual appointments throughout Florida.
Have questions or comments on estate planning? Reach out to us at Info@EstateandProbateLawyer.com.
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Prohibited Personal Representatives: Who's Ineligible? | Florida Estate Planning & Probate Lawyer
A personal representative, known as an executor in some places, is the individual responsible for managing someone's legal affairs after they pass away in Florida. It's important to note that in Florida, and in most other places, individuals who have been convicted of a felony cannot take on this role.
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Can Non-Residents Serve as Personal Representatives? | Florida Estate Planning & Probate Lawyer
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If the candidate shares a familial connection with you or is married to someone with such a connection, they are eligible to act as the personal representative of your estate. However, if the individual resides outside of Florida and lacks any familial ties or marriage connections to you, they do not meet the eligibility criteria. This situation can be complex since it's challenging to foresee where the person will live when your demise occurs.
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Understanding Disclaimers In Estate Matters | Florida Estate Planning & Probate Lawyer
If you're a beneficiary looking to give up your share of an estate, it's possible through a written disclaimer. No benefits can be claimed, though partial disclaimers may be an option if you've already received the estate's benefits. Keep in mind, you won't control the redirected benefits because you are disowning your interest in the estate. The estate proceeds in line with Florida law or a Last Will & Testament. Caution is advised, as there may be unintended consequences, and disclaiming won't shield your assets from creditors. Note, if you receive government benefits like Medicaid, disclaiming won't preserve your benefits.
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When Do You REALLY Need a Will? | Florida Estate Planning & Probate Lawyer
When do you truly need a will?
Discover the key scenarios on when a will would be highly beneficial:
#1) Designating your estate's administrator
#2) Modifying beneficiaries including disinheritance
#3) Safeguarding your minor children's future
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Unmarried Couples Buying Real Estate Property Together
In this video, Samantha Fitzgerald explores the various options available for unmarried couples when it comes to holding property titles in Florida.
#1) Tenants-in-Common (TIC):
-By default, unmarried couples in Florida hold title as "tenants in common."
-This means both partners have ownership interests in the property.
-They can own equal or different percentages of the property.
-However, they cannot claim ownership of specific parts of the property.
-In the event of a tenant in common's passing, their share of the property passes to their estate or chosen beneficiary.
#2) Joint Tenants with Full Rights of Survivorship (JTWROS):
-Another option for unmarried couples is to hold title jointly as "joint tenants with full rights of survivorship."
-This gives each person an equal share of the property and the right to inherit their partner's total share after their passing.
-Both individuals have equal rights to the property, and survivorship rights apply if one partner passes away.
-JTWROS can only be used if both owners purchase the property at the same time and have an equal share.
#3) Tenant by the Entireties (TBE):
-TBE is a unique option primarily available to married couples in Florida.
-It provides enhanced asset protection by treating the couple as a single legal entity, protecting the property from the individual debts of either spouse.
-In the event of one spouse's passing, the surviving spouse automatically becomes the sole owner of the property without going through probate.
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ESTATE PLANNING 101: The 4 Essential Documents
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Estate planning is a vital financial and legal strategy that safeguards your assets and ensures your wishes are respected after your passing. Learn how this comprehensive process can help you manage and distribute wealth while minimizing taxes and legal complexities. It's the proactive and responsible approach to securing your financial legacy and bringing peace of mind to your family.
These are 4 Essential Estate Planning Documents:
#1) Health Care Surrogate: Appoint someone to make medical decisions on your behalf.
#2) Durable Power of Attorney: Delegate financial decisions if incapacitated.
#3) Will (Last Will & Testament): Control probate, asset distribution, and executor selection.
#4) Revocable Trust: Safeguard assets, avoid probate, and protect beneficiaries like minor children.
Meet Samantha Fitzgerald, a seasoned attorney with over 24 years of experience. She's a Florida Bar member, US District Court practitioner, US Tax Court advocate, and a Certified Public Accountant. Samantha's Plantation-based law firm specializes in estate planning, probate, and trust administration, offering the personalized service of a boutique firm and the resources of a larger one. SJF Law Group serves clients statewide by offering convenient virtual appointments throughout Florida.
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Trust & Estate Quick Tip #22 – Creditor Claims in Florida Probate Cases
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In order to be paid, creditors must file a claim with the probate court.
If creditors fail to file their claim within these deadlines, their claim may be barred from payment by the estate.
Creditors who did not receive notice and were able to be reasonably identified by the personal representative have up to two years to file their claims.
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Trust & Estate Quick Tip #21 – What is probate?
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When a person dies, a probate attorney assists with the legal process for transferring the property of the “decedent” (the deceased person) to his or her heirs or beneficiaries. This process is called “probate.”
Florida has specific probate rules, deadlines, and procedures that must be followed to properly administer an estate.
To learn more about probate administration, read our free resource: https://estateandprobatelawyer.com/what-we-do/probate-attorney/
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Trust & Estate Quick Tip #20 – How to check if you have unclaimed funds in Florida
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To see if you have unclaimed property or money, visit www.FLTreasureHunt.gov.
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Trust & Estate Quick Tip #19 – Roll over unused 529 funds to IRA accounts
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A 529 plan serves as a dedicated educational savings account, enabling parents, relatives, friends, or any interested individual to accumulate funds intended for a child's upcoming educational needs.
Previously, if the funds were withdrawn from the plan for purposes other than education, both regular income tax and an additional 10% penalty were applicable.
Beginning in 2024, the federal legislation known as the SECURE Act 2.0 gives a 529 plan beneficiary the ability to transfer 529 plan funds into their own Roth IRA without paying taxes or penalties.
Here are the conditions and qualifications for this transfer:
1. The 529 plan should have been operational for a minimum of 15 years.
2. The owner of the Roth IRA must coincide with the beneficiary of the 529 plan.
3. The transfer is contingent upon the requirement that the Roth IRA owner possesses taxable compensation equal to or surpassing the transfer's amount.
4. Contributions made to the 529 plan within the last five years, along with the associated earnings, are ineligible for a tax-free transfer.
5. Any transfers conducted from a 529 to a Roth IRA are counted against the annual contribution limits of the Roth IRA, which presently stand at $6,500.
6. The overall lifetime ceiling for such transfers is set at $35,000.
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Trust & Estate Quick Tip #18 – Tenants by the Entirety in Florida
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A Florida tenancy by the entirety is a specialized manner of joint ownership exclusively accessible to married couples. This form of ownership treats the husband and spouse as an indivisible entity, wherein both partners are regarded as holding the entire property, as opposed to fractional interests. Within the context of Florida law, this arrangement offers distinct advantages to married couples who hold title as tenants by the entirety.
Engaging in property ownership through tenancy by the entirety entails three significant advantages as per Florida law:
1) Bypassing Probate: When property is held as tenancy by the entirety, the surviving spouse automatically inherits the property upon the death of the first spouse. This circumvents the need for the property to go through the probate process.
2) Safeguarding Spousal Interests: In the case of real estate held in tenancy by the entirety, both spouses are required to jointly endorse the deed for any property transfer. A contract of sale or deed signed by only one spouse holds no legal weight. Similarly, both spouses must consent to utilizing the tenancy by the entirety property as collateral for a mortgage or other financial purposes. These regulations ensure that both partners are protected by their mutual consent against any actions affecting the property.
3) Shielding Against Creditors: Property owned under tenancy by the entirety is immune to claims from the creditors of an individual spouse who obtains a legal judgment against them. Should one spouse become entangled in a lawsuit leading to a judgment, any property held under tenancy by the entirety remains protected. Creditors are precluded from utilizing tenancy by the entirety property to fulfill a judgment directed solely at one spouse.
Given these advantages, tenancy by the entirety stands as the most favored method of joint property ownership among married couples in the realm of Florida real estate.
For any further questions or comments on this topic, please leave a comment below or email us at Info@EstateandProbateLawyer.com
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Trust & Estate Tip #17 - What assets are protected under Florida law?
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These are 6 assets that are protected from creditors by Florida law.
1. College funds – Florida Prepaid and 529 College Savings Plans offer protection against attachment, levy, garnishment, or legal proceedings for funds deposited into or withdrawn from these educational prepaid plans.
2. HSA account – Florida law safeguards health savings accounts from creditors.
3. Cash value of life insurance - Under Florida regulations, any cash value inherent in a life insurance policy is immune to collection, attachment, or legal actions on behalf of creditors. This protection extends to both universal and whole life policies that accrue value over time, affording you the opportunity to fully benefit from their growth.
4. Homestead exemption – The homestead exemption protects a person’s primary residence from forced sale by judgment creditors.
5. Retirement accounts – In accordance with Florida's ERISA regulations, a qualified retirement plan receives safeguards against court judgments. These regulations bar creditors from reaching the financial assets and accrued benefits within your retirement contribution plans.
6. Tenants by Entireties – This encompasses all property jointly owned by you as a couple and as an indivisible family entity. As per legal provisions, a creditor is prohibited from delivering a notice of property forfeiture without the agreement of all parties involved.
For any further questions or comments on this topic, please leave a comment below or email us at Info@EstateandProbateLawyer.com.
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Trust & Estate Quick Tip #16 – How to Prepare for the Death of a Spouse
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While none of us enjoy planning for the loss of a loved one, it is important to be prepared when it comes. Putting a plan in place for the surviving spouse is for everyone – regardless of income, educational level, and socioeconomic background. You can put together a set of written instructions with important information to know such as financial details and where to find certain documents.
Dealing with the loss of a spouse is difficult. By having a plan in place, you have more time and energy for dealing with your loss. Having a plan does not erase your pain, but it will help reduce the stress and strain of losing a loved one.
If you are looking to get your estate planning documents done, please call or email our office to reserve a consultation time with one of our attorneys.
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Trust & Estate Quick Tip #16 – Should I leave $1 in my will or trust to disinherit an heir?
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The truth is that leaving your heir $1 in your will to disinherit them is not necessary. For the heir to formally receive his or her dollar, they will need to be notified and a check will need to be drawn up and sent to that person by your Executor or your Trustee. By simply leaving $1 to that person, it could open the door to questions such as the potential of a drafting error, or questions or incapacity or undue influence when the Will was created.
To disinherit someone, you need to have it in writing, and you should acknowledge that person specifically and say that you are intentionally not leaving them anything in the distribution of the will or trust. The act of acknowledging that person makes your intent clear that you were intending for that person to not receive anything. Again, you do not have to leave them a single dollar.
If you have further questions, feel free to email us at Info@EstateandProbateLawyer.com.
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Trust & Estate Quick Tip #14 – Florida Probate: Summary vs. Formal Administration
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Probate is the legal process of settling the estate of a deceased person and distributing the decedent’s probate property to the rightful heirs.
These are the key differences between a summary administration and a formal administration.
1. Summary Administration is a shortened form of probate. It can be used if the decedent died more than two years prior to the filing date of the probate or if the total value of their property is less than $75,000. Summary administration will typically take less time and involve fewer costs than formal administration.
2. Formal Administration is when the decedent’s assets exceed $75,000 and the probate is being done within 2 years of the person’s death. In general, formal administration is a long process and will also cost more.
To schedule a probate consultation, please call our office at 954-580-3690 or send an email to Info@EstateandProbateLawyer.com.
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Trust & Estate Quick Tip #13 – Update Your Beneficiary Designations
www.estateandprobatelawyer.com / 954-580-3690
These are two important tips to remember:
1. Make sure that you have designated beneficiaries for your financial accounts.
2. Make sure to periodically review and update your designated beneficiaries.
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Trust & Estate Quick Tip #12 – Never Add Your Kids to Your Deeds!
www.estateandprobatelawyer.com / 954-580-3690
Should you add your children to your deeds to avoid probate administration?
No!
Never add your children to your deeds!
This can create many different problems such as losing your homestead real estate tax exemption or step-up in basis upon death.
You will be subjecting your homestead property to all your children’s problems such as if they have to file for bankruptcy, get divorced, passes away, become incapacitated or disabled.
Your children will own the property if they are listed on the title. This will cause problems if there are disagreements.
There are other options to avoid probate administration, so please speak to a probate attorney to find out what the best options are for your situation.
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