Asset Protection in Post-Death Living Trust Administration

Jon Alper Estate Planning

Asset protection planning often continues after death, especially when a surviving spouse has judgements or is vulnerable to lawsuit.  The design of your estate planning determines whether your assets will be vulnerable to creditors of your surviving spouse or children. The typical living trust based estate plan for married couples the first spouse to die has left all their assets …

Revocable vs. Irrevocable Trusts in Florida

Gideon Alper Estate Planning

Estate planning clients begin their planning process with the expectation that they will be creating some type of trust for their heirs. Often, clients anticipate conveying their assets in to some form of trust, but they typically do not understand how different types of trust fit in to the estate planning process. Trusts are initially distinguished by whether they are …

Florida Slayer Statute: can Person Responsible For Another’s Death Receive Property or Money On Account Of The Death?

Jon Alper Estate Planning

This question was presented by one of my new clients: Larry and Moe are business partners. There are reciprocal one million dollar life insurance policies naming each other as primary beneficiary and their spouses as contingent beneficiaries. Larry and Moe are feuding about their business. They get into a physical altercation which unfortunately results in Moe shooting Larry to death. …

Lady Bird Deeds For Medicaid and Estate Planning

Jon Alper Estate Planning

The mother and father of one of my asset protection clients wants to give my client (their son) and his wife their homestead property after they decease. The parents are concerned about subjecting their homestead to medicaid claims in the event they both leave the home to reside in a nursing home. They also want to make sure my client’s …

Tenants by Entireties Property in a Living Trust

Jon Alper Estate Planning

Prior to a judgment being entered against him a judgment debtor owned financial accounts jointly with his wife. He and his wife created a joint living trust for estate planning purposes. They transferred title of the financial account to their joint trust.