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Category Archives: Estate Planning

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The Rising Rate of Gray Divorces After Age 50 Are Complicating Estate Planning Issues

By Gierach and Gierach, P.A. |

We’ve discussed how to use assets such as life insurance to strategically plan your estate after your divorce, however rising divorce rates amongst Americans after the age of 50 (known as a “gray divorce”) can cause a number of conflicts when it comes to estate planning, especially when it comes to family strife and… Read More »

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EstatePlanning5

The Most Important Estate-Related Mistakes to Avoid When It Comes to Probate

By Gierach and Gierach, P.A. |

After you pass, your will must be legitimized through the probate process, whereby the judge reviews the estate inventory, confirms who is administering it, and validates that it is in fact the last will of the deceased. Until this process is complete (which typically takes between six months and three years), it is not… Read More »

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Using Trusts in The Right Way

By Gierach and Gierach, P.A. |

You’ve heard it time and time again: Even if you have a will, you have not necessarily engaged in estate planning and you definitely are not “done” in the sense of making sure you and your loved ones are taken care of if something happens to you and/or your spouse. This is because your… Read More »

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Estate Planning When You Do Not Plan to Leave Your Children with an Inheritance

By Gierach and Gierach, P.A. |

As estate planning attorneys who practice here in Florida, we counsel a number of clients on a broad array of wishes and hopes for their legacy planning. Some of that includes how to discuss potentially sensitive and difficult conversation topics with family, such as informing one’s children that a couple or individual wants to… Read More »

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“If We Have a Handwritten Will, But Haven’t Consulted a Lawyer, Will We Avoid Probate?”

By Gierach and Gierach, P.A. |

A question that was recently highlighted in a news publication highlights an issue that creates confusion for a number of couples, and that involves uncertainty about when, exactly, enough has been done in terms of estate planning to avoid the probate process. In this case, the couple had their house established (with what is… Read More »

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The Most Surprising Things You Might Not Think to Address in Your Will

By Gierach and Gierach, P.A. |

As estate planning attorneys here in Florida, we find that the new year tends to bring a number of individuals and families into our office to ask about how they should best plan for their future needs. Below, we discuss three surprising issues that clients frequently question us about when it comes to estate… Read More »

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The SECURE Act Passed in The Night: What This Means for Your Estate Plan

By Gierach and Gierach, P.A. |

While everyone was busy with the holidays, legislators effectively passed the SECURE Act’s provisions in the budget bill signed in late December. We have previously discussed the important effects that the legislation will have on stretch IRAs and thus estate planning for non-spouse beneficiaries, however, the changes made via the Consolidated Appropriations Act –… Read More »

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Using Estate Planning to Ensure That Your Pet Is Safe While You Are Alive

By Gierach and Gierach, P.A. |

We’ve previously discussed your ability to make provisions for your pet in your will, but how do you specifically do that? What if you become incapacitated and can no longer care for them while you are alive? As estate planning attorneys here in Florida, we regularly encounter questions from clients concerning how to best… Read More »

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Using Life Insurance to Strategically Plan Your Estate Post-Divorce

By Gierach and Gierach, P.A. |

As estate planning attorneys here in Florida, we frequently encounter clients who are going through or contemplating divorce, we regularly receive questions regarding whether or not there are particular estate planning choices that can help protect families and divorcees. For some clients, life insurance can help address some of these concerns, and you can… Read More »

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Distinguishing Between Probate and Non-Probate Assets

By Gierach and Gierach, P.A. |

The process of administering and probating a last will and testament involves figuring out what assets are estate versus non-estate (or probate versus non-probate) assets. And executor must make this distinction in order to properly address with estate taxes. Probate/Estate Assets The general rule is that all probate assets are assets that must pass… Read More »

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