Probate Admin

When the Estate Plan Destroys the Asset Protection Plan

Posted by on Dec 10, 2012 in Estate Planning, Probate, Probate Admin | 0 comments

A recent case in Florida highlights the importance of having an Estate Planning attorney who also understands the rights of creditors to attack assets of a decedent.  In Morey 2004 v. Everbank, and Air Craun, Inc, 37 Fla. L. Weekly D1739, the proceeds of a life insurance policy would have been exempt from the creditors of Mr. Morey had they been paid to an individual beneficiary, or even to a trust that contained the correct language to insulate the asset from Mr. Morey’s creditors.  But because the policy named Mr. Morey’s living trust as the primary beneficiary, and the trust...

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Where Did All The Money Go?

Posted by on Sep 19, 2010 in Estate Planning, Probate Admin | 0 comments

We just ran across a relatively new service known as Knowtification.com that could be extremely helpful in certain situations. Unfortunately many times people pass without passing on knowledge of their financial affairs to those who will be managing their trusts or estate affairs. In those situations the trustee or personal representative is often left searching through reams of financial documents or papers to find evidence of accounts. According to the statements made on their web site, Knowtification.com, they will issue hundreds of letters to the leading financial institutions to request...

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