James W Estate Planning Law Blog

Florida recognizes three types of joint property: tenancy in common, joint with full rights of survivorship, and tenancy by the entirety. Only the last two avoid probate. Here's the background.... Read More

The big news for estate planning on this last day of 2009 is that effective tomorrow there is no federal estate tax. This means that if a Florida resident dies tomorrow 1/1/10 there is no federal estate tax due. Since Florida has no estate tax, it means there is no estate tax at all. There are two downsides to this.... Read More

Putting your name on the title to a car, truck or other motor vehicle in Florida makes you personally liable for the negligence of the driver.  The dangerous instrumentality doctrine  extends liability of the driver to become personal liability of every owner of the vehicle. This should give pause to parents before putting their names on car titles for children.  And it also means that spouses should title their vehicles only in the name of the spouse who is the prinicipal driver.... Read More

Here is a list of valuable documents to scan to digital format such as PDF for protection from hurricanes and other loss.... Read More

Florida residents benefit from statutory exemptions from creditor's claims.... Read More