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The Dangers of Do-It-Yourself Estate Planning

By Gierach and Gierach, P.A. |

In a society that is obsessed with all things do-it-yourself, it can be enticing to apply the same motto to estate planning. However, “doing it yourself” when it comes to estate planning can be downright hazardous for the reasons we discuss below. Templates First, when it comes to estate planning, “one size” does not… Read More »

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High Priority Tips & Advice For Estate Planning & Avoiding Probate

By Gierach and Gierach, P.A. |

As estate planning and probate attorneys that practice and advise clients every day here in Florida, we see a lot of mistakes made with family estates; mistakes that lead to nasty probate outcomes that absolutely could have been avoided with better legal counsel and planning. Below, we’ve discussed some of the common topics that… Read More »

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Investigation Finds That Florida’s Court-Appointed Guardianship System Is Corrupt

By Gierach and Gierach, P.A. |

According to a new investigation released by ABC Action News, court-appointed guardians are very rarely held accountable by the state agency in charge—the Office of Public and Professional Guardians (“the Office”)—when they commit serious violations. Since it was established, the Office has reportedly handed out less than 20 warning letters related to actions such… Read More »

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You Need an Estate Plan Even If You Do Not Have Children. Here’s Why

By Gierach and Gierach, P.A. |

Just like some couples assume that they do not need a prenuptial agreement unless they are extremely wealthy, others may assume that they do not need an estate plan if they do not have children. However, nothing could be farther from the truth. The reality is that, without an estate plan, you have no… Read More »

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Why Do I Need Beneficiary Designations If I Have A Will?

By Gierach and Gierach, P.A. |

A will—like other elements of your estate plan, such as a trust, advance directive, health care proxy, power of attorney, etc.—is part of a bigger whole when it comes to estate planning. Beneficiary forms are another essential part of this process. They designate who you want to receive proceeds from certain accounts, such as… Read More »

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Marital Trusts and Qualified Terminable Interest Property Trusts in Estate Planning

By Gierach and Gierach, P.A. |

When it comes to estate planning, two of the most popular types of trusts that individuals and couples rely on are known as the Marital Trust and the Qualified Terminable Interest Property (QTIP). Both of these options allow clients to mitigate tax burdens by keeping in place the tax exemption to be used by… Read More »

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Your Estate Plan Is Likely Out of Date Due to Our “Digitized” World

By Gierach and Gierach, P.A. |

As estate planning attorneys here in Florida, one of our regular tasks is to update estate plans with our clients, because not only do life circumstances changing all the time, but the law is also changing as well, warranting important updates. In addition, more and more is being done online, especially when it comes… Read More »

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Why Establishing Power Of Attorney Is So Important For Senior Health Care

By Gierach and Gierach, P.A. |

While a number of estate planning documents are important to have set up for your life, some are more important in terms of ensuring that we secure adequate health care as we age. These include your advance directive, the do not resuscitate order, guardianship documents, health care proxy, living will, physician order (for life-sustaining… Read More »

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Do Wills Need to Be Probated In Estate Planning?

By Gierach and Gierach, P.A. |

Figuring out both the overlap and differences between estate planning and probate can be complicated. For example, while many wills are never probated, most of them probably should be. What we mean by that is: when a will is presented for probate, an estate is open, and a personal representative is appointed, and the… Read More »

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Florida Fourth District Court Of Appeal Decides Mandatory Restricted Depositories in Probate Are Improper

By Gierach and Gierach, P.A. |

When it comes to probate, Florida law addresses placing financial assets into a restricted depository account in a financial institution in order to reduce the risk of improper use by the estate’s personal representative. While some counties impose the restricted depository accounts in all cases, for all estates, others only do so if the… Read More »

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