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Brevard County, Florida, legal blog

Giving the gift of the future

As Baby Boomers move in to their 60s and 70s, they are increasingly focused on the future. A recent Forbes article states that the 2018 U.S. Trust Insights on Wealth and Worth Study shows that two-thirds of people over the age of 50 want to use their wealth to better the lives of their children and grandchildren.

The business magazine says Boomers “want to be sure that their intent and hard work doesn’t go to waste.” A big part of ensuring that assets are passed on to the next generation (and the one after that) is to sit down with an experienced attorney and craft an estate plan that minimizes tax liabilities and the possibility of future conflict and litigation.

Do these things to choose the right executor of your will

You put a lot of time into creating a comprehensive estate plan that will give you and your family peace of mind. Don't make the mistake of choosing the wrong executor, as doing so puts your entire estate at risk upon your death.

Choosing an executor of your will is easier said than done. While some people assume they can name anyone and everything will be just fine, you need to put more time and effort into the process.

Avoid these two common estate planning errors

One of the things people traditionally do at the end of the year is look back and assess the past 12 months and then look forward and plan for the coming dozen. One of the crucial tasks millions of Americans neglected to take care of in 2018 was to create a will. That omission is one of two widespread estate planning errors, Forbes says.

“The other error is to fail to update the will and estate plan,” the publication notes. With the end of the year rapidly approaching, this is the perfect time to create a will (and other elements of an estate plan) or to review and revise the documents you and your attorney put together three years ago or more.

Plan now for end-of-life care to make your wishes known

While many aspects of estate planning don't go into effect until the creator passes away, there are a few parts that will come into the picture before the person dies. In Florida, you can set an advance directive, which includes a health care surrogate and a living will. These provide for your health care if you are unable to make decisions for yourself.

Understanding the purpose of these two elements can ensure that you have everything set up according to your wishes. Discuss your end-of-life intentions with the person you name as your health care surrogate, as well as others in your family. This can take some of the guesswork out of the situation and help them to prepare for what might come.

Planning ahead helps you avoid legal, tax problems

Your homestead, your 401(k), the cash in your bank account, your life insurance policy and your closely held business interests. They are all assets you have worked long and hard to acquire, but each should be considered separately when you are sitting down to figure out how to distribute your assets in an estate plan.

Each of these asset categories have different legal and tax considerations that should be evaluated with your estate planning attorney before you write your will or create a trust.

Estate planning can begin with a conversation with a loved one

Though Thanksgiving is in the rear-view window, we still have much to be thankful for, including children, loving spouses, good jobs, comfortable homes, wonderful weather here in Brevard County and so on. One of the things that people are grateful for at this time of year is the opportunity they have to share their wealth with their loved ones.

Unfortunately, news sources report that a recent survey indicates that fewer than half of American adults have a will or have established a trust or otherwise made use of available estate planning tools.

The Role of Cantwell & Goldman, P.A. in Commercial Closings

When the law firm of Cantwell & Goldman, P.A. has agreed to serve as closing agent for a commercial closing, the law firm's services as closing agent are limited to the following (unless otherwise agreed to by the law firm in writing):

The Role of Cantwell & Goldman, P.A. in Residential Closings

When the law firm of Cantwell & Goldman, P.A. has agreed to serve as closing agent for a residential closing, the law firm's services as closing agent are limited to the following (unless otherwise agreed to by the law firm in writing):

Should new Brevard County residents update out-of-state estate plans?

Many Brevard County people are originally from Minnesota, Ohio, New York, Michigan and other snow-covered places. Now that you’re in the Sunshine State, do you have to get all of your estate planning documents from those other places converted to Florida documents?

No, writes a Treasure Coast estate planning attorney, but you should definitely have a Florida estate planning lawyer review your out-of-state documents.

Should you discuss your estate plans at your holiday gathering?

Holidays are typically a time when families gather to share meals and memories. For many families with members scattered throughout the country, it may be the only time when everyone is together all at once.

Parents of adult children may wonder if this is a good time to discuss their estate plans with their potential beneficiaries. While there is no right answer for all families, it certainly could be.

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