Law Office of David M. Goldman PLLC - Florida Estate Planning

The FTC, in their Final Rule published on Tuesday, April 23, 2024, determined that non-compete agreements are “an unfair method of competition”, and thus are in violation of Section 5 of the Federal Trade Commission Act (the “FTC Act”). The ban, which will take effect in the latter half of 2024, carves out exceptions for non-competes given to senior executives, as senior executives are seemingly in a better position to negotiate the terms of any non-compete agreement and are less likely to be subject to the ongoing harm done by non-competes that the general workforce has to face....

FTC Bans Almost All Non-competition Agreements The FTC, in their Final Rule published on Tuesday, April 23, 2024, determined that non-compete agreements are “an unfair method of competition”, and thus are in violation of Section 5 of the ...

One of the most common questions we receive is: "What is Better in Florida? A Will or a Trust?" Many clients that we work with think that if they live in Florida and have signed a Florida Last Will and Testament, they no longer have to worry about a probate in Florida. As Chris Rock can attest, Wills are often a big “slap in the face” to the assets you are trying to protect. ...

What is Better in Florida? A Will or a Trust? One of the most common questions we receive is: "What is Better in Florida? A Will or a Trust?" Many clients that we work with think that if they live in Florida and have signed a Florida Last ...

The Following limits for Medicaid eligibility for Medicaid for Florida as of 1/1/2024 have been adjusted again. There were changed in the income criteria, maximum amount of assets, and maximum equity in your homestead property. Florida Medicaid Income Limits as of 1/1/2024. The Applicant’s income limits have increased to $2,829/month if single and $2742 if you are married. If the applicant for Medicaid has income in excess of 2,7, they may use a Qualified Income Trust or Miller Trust to help the applicant qualify for Florida Medicaid Benefits under the Medicaid Asset Test....

2024 Florida Medicaid Long-Term Care Eligibility for Seniors The Following limits for Medicaid eligibility for Medicaid for Florida as of 1/1/2024 have been adjusted again. There were changed in the income criteria, maximum amount of assets, and maximum ...

Florida Estate planning and Florida elder law planning are two distinct areas of law that often overlap, as they both involve preparing for the future and ensuring the well-being of individuals and their families. However, they have different areas of focus. Florida Estate planning lawyers primarily deal with the management and distribution of an individual's assets upon their death. Key components of estate planning include:...

Florida Estate Planning and Elder Law – What is the difference? Florida Estate planning and Florida elder law planning are two distinct areas of law that often overlap, as they both involve preparing for the future and ensuring the well-being of individuals ...

Addiction is a serious illness that effects millions of families. Over 7,000 people died from overdose in Florida in 2020, the second most of any state (Statistics from Riverside Recovery, Tampa). Aside from illicit drug use, addictions to gambling, alcohol, or prescription medications can be just as dangerous and no less destructive in the lives of those who struggle with them and their families....

Estate Planning for Families Facing Addiction Addiction is a serious illness that effects millions of families. Over 7,000 people died from overdose in Florida in 2020, the second most of any state (Statistics from Riverside Recovery, ...

On Monday, January 31, the Bureau of Alcohol, To***co, Fi****ms, and Explosives’ (ATF) published the final Factoring Criteria for Fi****ms with Attached “Stabilizing Braces” rule for public inspection in the federal register. This rule subjects almost all fi****ms with a stabilizing brace to the registration and taxation requirements of the National Fi****ms Act. There is currently litigation over this rule, but that litigation will take time to sort out....

ATF Final Rule on Stabilizing Braces and your Gun Trust On Monday, January 31, the Bureau of Alcohol, To***co, Fi****ms, and Explosives’ (ATF) published the final Factoring Criteria for Fi****ms with Attached “Stabilizing Braces” rule for public ...

After a year of speculation, 2022 begins with no new federal estate and gift tax legislation. The significant changes to federal estate and gift tax laws were not implemented by new legislation. Those changes included a substantial reduction in the estate and gift tax exemption among altered tax treatment for grantor trusts and even a proposal to eliminate the different tax treatment of grantor trusts and elimination of step-up in basis for assets at death....

https://www.floridaestateplanninglawyerblog.com/estate-planning-in-2022/

Estate Planning in 2022 After a year of speculation, 2022 begins with no new federal estate and gift tax legislation. The significant changes to federal estate and gift tax laws were not implemented by new legislation. ...

There are many reasons you might consider giving your adult children a portion of their inheritance now while you’re alive and well. Maybe you’ve seen your nest egg grow thanks to a robust stock market, and you have more in savings than you thought you would at this stage of your life. Perhaps you and your spouse enjoy excellent health and have received nothing but good checkups for years, so you’re not overly concerned about medical expenses....

https://www.floridaestateplanninglawyerblog.com/thought-about-gifting-in-2021-and-2022/

Thought about gifting in 2021 and 2022 There are many reasons you might consider giving your adult children a portion of their inheritance now while you’re alive and well. Maybe you’ve seen your nest egg grow thanks to a robust stock ...

While many do not think all of the "For the 99.5% Act introduced by Bernie Sanders plan on March 25, 2021 will become law, there is certainly concern over the gifting and estate tax portions which would seem to affect more than just the upper 1/2 percent of the US population. This is the first attempt at legislation following Joe Biden’s election that could lower the federal estate tax exemption....

https://www.floridaestateplanninglawyerblog.com/the-99-5-act-time-to-rethink-your-estate-plan/

The 99.5% Act – Time to Rethink Your Estate Plan? While many do not think all of the "For the 99.5% Act introduced by Bernie Sanders plan on March 25, 2021 will become law, there is certainly concern over the gifting and estate tax portions ...

How to Select a Senior Living Arrangement for Your Elderly Loved One Moving an older loved one into a new living arrangement is an emotional process. However, feelings aside, there are many practical steps we must take before a decision is made. From how to pay for custodial services to the kinds of help they need now, and in the future, there are lots of details to sort out....

https://www.floridaestateplanninglawyerblog.com/how-to-select-a-senior-living-arrangement-for-your-elderly-loved-one/

How to Select a Senior Living Arrangement for Your Elderly Loved One How to Select a Senior Living Arrangement for Your Elderly Loved One   Moving an older loved one into a new living arrangement is an emotional process. However, feelings aside, there are ...

The Miami Herald is reporting the there is a surge in people asking for wills to be written. They state Lawyers are being bombarded with requests to write wills, update estate plans and prepare health surrogate or “pull the plug” documents as people are confronted by the realization that they could be diagnosed with COVID-19 and dead within days. “Estate planning is a fairly morbid topic. [ 332 more words ]
https://www.floridaestateplanninglawyerblog.com/surge-on-wills-fearing-death-by-covid-19-people-ask-lawyers-to-write-their-last-wishes/

Surge on wills: Fearing death by COVID-19, people ask lawyers to write their last wishes The Miami Herold is reporting the there is a surge in people asking for wills to be written.   They state Lawyers are being bombarded with requests to write wills, update estate plans and ...

Have you lost your job because of the Coronavirus? As an essential business, we are open and available to meet by phone by calling (904) 990-8000 or video conference We have a Certified Online Notary on staff. We have the ability to notarize documents online - even wills, deeds, and trusts. We are providing a Free healthcare power of attorney with Special provisions for COVID-19… [ 96 more words ]
https://www.floridaestateplanninglawyerblog.com/have-you-lost-your-job-because-of-the-coronavirus/

Have You Lost Your Job because of the Coronavirus? Have you lost your job because of the Coronavirus? As an essential business, we are open and available to meet by phone by calling (904) 990-8000 or video conference We have a Certified Online ...

Why Estate Planning matters during the Coronavirus (COVID-19) and what you can do to prepare. On March 17th, the outbreak of Coronavirus has grown to at least 4,226 cases, and numbers are still growing. According to the CDC, Florida alone is ranging from 101-200 reported cases, and the elderly is a suspectable target. The elderly and those with any underlying medical problems such as high blood pressure, heart problem, and diabetes are more like to see an increase in this serious illness. [ 600 more words ]
https://www.floridaestateplanninglawyerblog.com/why-estate-planning-matters-during-the-coronavirus-covid-19-and-what-you-can-do-to-prepare/

Why Estate Planning matters during the Coronavirus (COVID-19) and what you can do to prepare. On March 17th, the outbreak of Coronavirus has grown to at least 4,226 cases, and numbers are still growing. According to the CDC, Florida alone is ranging from 101-200 reported cases, and the ...

In Florida, an estate plan provides you a plan for what happens to your assets at your death. Another crucial part of your estate plan, specifically your will, is where one nominates who will be the guardian of any minor children. Although the court will decide what's in the best interest of the child(ren), having an estate planning document that details your preference in place will hold considerable weight. [ 633 more words ]
https://www.floridaestateplanninglawyerblog.com/important-questions-we-all-want-to-know-about-estate-planning/

Important Questions we all want to know about Estate Planning In Florida, an estate plan provides you a plan for what happens to your assets at your death. Another crucial part of your estate plan, specifically your will, is where one nominates who will be ...

A Medical Power of Attorney can be a crucial document to have in times like these. Because of the current situation, we have created a designation of health care surrogate with special powers for experimental medication. As we have all heard, experimental drugs or non-FDA approved uses of medicine may help those who become sick. We are making this legal document available free of charge.
https://wp.me/p69txN-Uv

Free Florida Health Care Power of Attorney from Law Office of David M. Goldman A medical power of attorney or Health Care Surrogate is an essential document. With the current situation in Florida, we feel that everyone should be able to designate who they would like to ...

A medical power of attorney or Health Care Surrogate is an essential document. With the current situation in Florida, we feel that everyone should be able to designate who they would like to make medical decisions if they are unable. We have modified our Designation of Health Care Surrogate so that it can be signed at your home, and no office visit is required. [ 235 more words ]
https://www.floridaestateplanninglawyerblog.com/free-florida-health-care-power-of-attorney-from-law-office-of-david-m-goldman/

Free Florida Health Care Power of Attorney from Law Office of David M. Goldman A medical power of attorney or Health Care Surrogate is an essential document. With the current situation in Florida, we feel that everyone should be able to designate who they would like to ...

Law Office of David M. Goldman PLLC - Florida Estate Planning updated their address.

Law Office of David M. Goldman PLLC - Florida Estate Planning updated their business hours.

Our law firm is looking for our next Paralegal/ Legal Assistant! Should be a self-starting, knowledgeable, professional legal assistant/paralegal looking for a full-time position. Our attorneys practice in the areas of asset protection, bankruptcy, criminal law, divorce, estate planning, elder law, foreclosure, family law, guardianship, and related litigation. Excellent opportunity with a full range of responsibilities including assisting in preparing and drafting pleadings, discovery, and legal documents. Would be responsible for calendaring case deadlines, attorney hearings, and client appointments, communications with existing and prospective clients including screening and client intakes. Responsible for billable hours. Must possess strong organizational skills, verbal and written communication skills, business networking skills, proofreading and revision, knowledge of Florida civil and family procedural rules, familiar with common office equipment (fax, postage machine, copier, computer software such as Microsoft Word, Excel, time and billing, and internet proficient, knowledge of legal terms and legal composition, able to multi-task, prioritize time, and solve problems. Typing skills of at least 40+ wpm required. Quickbooks and bookkeeping knowledge a “plus.”

Salary will be competitive for the Jacksonville market and based on qualifications and experience.

If you would like to be considered for this position, please send a cover letter and resume to us immediately. Respond to this ad and put in in the subject line, type “I am your next Legal Assistant."

Florida Guardian Advocacy: How do I remain the Guardian of my special needs child? In Florida, remaining the Guardian of my special needs child upon reaching the age of majority, 18 years, requires the parent to become the legal Guardian of the child through the Court system. Becoming a guardian is a legal proceeding. Typically a family member, petitions a court to determine that the individual cannot manage his or her affairs because of a disability (a lack of capacity). [ 577 more words ]
http://www.floridaestateplanninglawyerblog.com/florida-guardian-advocacy-how-do-i-remain-the-guardian-of-my-special-needs-child/

Florida Guardian Advocacy: How do I remain the Guardian of my special needs child? Florida Guardian Advocacy: How do I remain the Guardian of my special needs child? In Florida, remaining the Guardian of my special needs child upon reaching the age of majority, 18 years, ...

The most important job of a Florida Guardian

The most important job of a Florida Guardian The most important job of a Florida Guardian is to ALWAYS act in the Best Interests of the Ward. A Florida Guardian is a person appointed by a court to take care of someone who cannot care for himself or herself. The individual who need the help is the referred to by the court as the Ward. [ 710 more words ]
http://www.floridaestateplanninglawyerblog.com/the-most-important-job-of-a-florida-guardian/

floridaestateplanninglawyerblog.com The most important job of a Florida Guardian The most important job of a Florida Guardian is to ALWAYS act in the Best Interests of the Ward. A Florida Guardian is a person appointed by a court ...

Florida Guardianship Examining Committee: What must the reports include?

Florida Guardianship Examining Committee: What must the reports include? In a Florida Guardianship, what must be included in the Florida Guardianship Examining Committee Members’ reports? This September, the District Court of Appeal for the Fourth District of Florida examined the requirements of Examining Committee Members’ reports in Cook v. Cook. The Florida Guardianship Process is a legal proceeding in which the Court determines whether an individual, a potential Ward, has the required mental capacity to manage his or her own affairs. [ 432 more words ]
http://www.floridaestateplanninglawyerblog.com/florida-guardianship-examining-committee-what-must-the-reports-include/

floridaestateplanninglawyerblog.com Florida Guardianship Examining Committee: What must the reports include? In a Florida Guardianship, what must be included in the Florida Guardianship Examining Committee Members’ reports? This ...

Florida Guardianship Abuse: Palm Beach Guardian under Fire

Florida Guardianship Abuse: Palm Beach Guardian under Fire Florida Guardianship Abuse is unfortunately far too common as many retirees flock to Florida for retirement. Retirees move to Florida to enjoy the beaches, sunshine and tax advantages. At any given time, there are 30,000 to 40,000 open guardianships cases being overseen by the Florida Court System. Regrettably, many of these retirees are not legally prepared for when they can no longer care for themselves. [ 524 more words ]
http://www.floridaestateplanninglawyerblog.com/florida-guardianship-abuse-palm-beach-guardian-under-fire/

floridaestateplanninglawyerblog.com Florida Guardianship Abuse: Palm Beach Guardian under Fire Florida Guardianship Abuse is unfortunately far too common as many retirees flock to Florida for retirement. Retirees move to Florida to ...

Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida?

Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida? A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial and healthcare decisions for them when they cannot. A competent adult can make his or her own financial and healthcare decisions, also referred to as having capacity. [ 501 more words ]
https://www.floridaestateplanninglawyerblog.com/durable-power-of-attorney-or-guardianship/

floridaestateplanninglawyerblog.com Can a Durable Power of Attorney be signed if a Guardianship is needed in Florida? A Durable Power of Attorney is a legal document that allows a competent adult to decide whom can make financial ...

VA Final Rule change

For several years the VA has been working on changes to the rules for qualification of certain benefits dealing with transfers, a look back period, assets in trust, and income. Tomorrow the following rule change will be published, watch for some analysis on this and how it has changed in the next few days.
https://www.floridaestateplanninglawyerblog.com/va-final-rule-change/

floridaestateplanninglawyerblog.com For several years the VA has been working on changes to the rules for qualification of certain benefits dealing with transfers, a look back period, assets in trust, and income. Tomorrow the ...

Florida Power of Attorney

What is a Florida power of attorney? A Florida power of attorney is a legal document that delegates the authority for one or more persons to act on behalf of the person who creates the Florida power of attorney. The person who creates, or signs a power of attorney is the principal. The principal of a Florida Power of attorney grants one or more agents the right to act on their behalf as an agent. [ 924 more words ]
https://www.floridaestateplanninglawyerblog.com/florida-power-of-attorney/

floridaestateplanninglawyerblog.com What is a Florida power of attorney? A Florida power of attorney is a legal document that delegates the authority for one or more persons to act on behalf of the person who creates the Florida ...

What is the Guardianship Process of an Adult in Florida?

What is the Guardianship Process of an Adult in Florida? The Guardianship Process of an adult in Florida refers to the court procedure whereby an individual is appointed a guardian. The Guardianship Process is the judicial remedy that allows another individual to protect and exercise the legal rights of another individual. Through the Guardianship Process, a guardian is given the ability to exercise someone else’s rights. [ 649 more words ]
https://www.floridaestateplanninglawyerblog.com/what-is-the-guardianship-process-of-an-adult-in-florida/

floridaestateplanninglawyerblog.com What is the Guardianship Process of an Adult in Florida? The Guardianship Process of an adult in Florida refers to the court procedure whereby an individual is appointed a guardian. The ...

Do I need Guardianship if I have a Power of Attorney

Do I need Guardianship if I have a Power of Attorney in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. A Power of Attorney is also a legal tool that gives one person the ability to make decisions for another person. Both a guardianship and a Power of Attorney are generally only necessary when a person becomes incapacitated. [ 564 more words ]
https://www.floridaestateplanninglawyerblog.com/do-i-need-guardianship-if-i-have-a-power-of-attorney/

floridaestateplanninglawyerblog.com Do I need Guardianship if I have a Power of Attorney in Jacksonville, Florida? Guardianship of an Adult is a legal tool that gives one person the ability to make decisions for another person. A ...

Guardianship of Property

Florida Guardianship: When does a Minor need a Guardianship of Property? When does a minor need a Guardianship of Property in Jacksonville, Florida? Under Florida Law, there are two particular types of guardianships for minors. The first, Guardianship of the Person, is a guardianship where someone other than a minor’s natural guardian is given authority to make health care, residence, and school-related decisions for the child. [ 491 more words ]
https://www.floridaestateplanninglawyerblog.com/guardianship-of-property/

floridaestateplanninglawyerblog.com Florida Guardianship: When does a Minor need a Guardianship of Property? When does a minor need a Guardianship of Property in Jacksonville, Florida? Under Florida Law, there are two particular ...

Designating a Preneed Guardian

Designating a Preneed Guardian for your Minor Child in Florida Designating a preneed guardian for your minor child is one of the most important things a parent can do. A designation of preneed guardian is a legal document that permits you to choose the individual who will care for your children if you pass away. You can only choose a guardian for minor children. [ 483 more words ]
https://www.floridaestateplanninglawyerblog.com/designating-a-preneed-guardian/

floridaestateplanninglawyerblog.com Designating a Preneed Guardian for your Minor Child in Florida Designating a preneed guardian for your minor child is one of the most important things a parent can do. A designation of preneed ...