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Is litigation the only option to settle a real estate dispute? Well, yes, it is. If the parties can’t reach any sort of an agreement, there are some settlement options. If both parties have attorneys, they may agree to pre-suit litigation, or excuse me, mediation and so to see if the matter can’t be settled, but both parties have got to want to try and reach some sort of agreement. However, if you’ve got either party that doesn’t want to settle the matter, well then you don’t have any option but to go ahead, hire an attorney and file a lawsuit to resolve the real estate dispute. If you have any questions, give me a call at (727) 847-2288.

 

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Is it safe to do a DIY Will service? I would say no, it is not safe, and the will has to be executed with a certain amount of formalities and there are certain aspects of will that you need to have the guidance of an attorney. And so, I would strongly recommend not trying to do a will by yourself because it may not be effective. And that’s the whole purpose of will is to avoid problems whenever you pass away. Strongly suggest you contact an attorney. It’s not that expensive as far as having a will prepared as well as other estate planning documents such as living Wills, healthcare, surrogates, which has a HIPAA waiver, and durable powers of attorney. See if I have any questions. Give me a call at (727) 847-2288.

Video Summary

Can I be sued for my inheritance? Once the Estate or Trust is distributed to you, well then in that event you can credit it’s your property and yes, they can sue you as far as that’s concerned. Of course, until such time as your inheritance is distributed to you, it’s going to be controlled by the provisions of a Trust that may have a provision that protects your assets or your inheritance. If you’re receiving it through a Will, they can possibly garnish that if any creditors are involved and you have debts involved, so depending on when you receive your inheritance is whether or not someone can sue you for the money that you inherit. If you have any questions, give me a call at (727) 847-2288.

 

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What is the difference between a Supplemental Trust and a Special Needs Trust? Well, I’m not real sure just what you mean by Supplemental Trust, but I’m assuming it’s a Trust whereby the trustees directed to supplement the income or for the benefit of the beneficiary and they have discretion to give the money to the beneficiary and then the money is later dispersed to that person. Usually at a particular age, there may be some definition as far as giving them the income from the Trust or a specific amount, or it can be simply discretionary on the part of the trustee until the beneficiary reaches a certain age. Many times, you do this for your children so that they don’t receive it at age 18 whenever they become adults. You say you want the trustee to hold it until such time as they’re 25 and use the money up until that time for their health, education, and maintenance so that they can pay for their college education, and then you can direct that a portion of it be dispersed at 25 or whatever age you would like. You can send it out on an incremental basis. Whereas a special needs trust is whenever you have someone who has special needs, and the money is not ever dispersed to the beneficiary since it would disqualify them from any state programs or federal programs where they’re receiving benefits. And so that money must be used independently and so it’s not used for the benefit of the special needs person. If you have any questions, give me a call at (727) 847-2288.

 

Video Summary

How much can you leave a beneficiary without them having to pay any estate taxes, or rather the estate having to pay any estate taxes? The federal limitation is now up to over $12 million, so you can leave them up to $12 million and not have any federal estate taxes. As far as your estate’s concerned, in Florida, they’ve done away with estate taxes, so the total that you can leave without any federal estate taxes to all the beneficiaries of your estate is anything up to about $12 million. In fact, that goes up every year, and right now it’s a little bit over that amount. So, if you have any questions, give me a call at (727) 847-2288.