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AV Preeminent Peer Rated Attorneys
Boca Raton Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Boca Raton Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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  • 1200 N. Federal Hwy., Ste. 200, Boca Raton, FL 33432

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Commonly Asked Estate Planning Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

I am the owner and sole stockholder in a small Subchapter S Corporation, holding mostly real property, I am married, with three married children.

Christopher Kennedy Caswell
Answered by attorney Christopher Kennedy Caswell (Unclaimed Profile)
Estate Planning lawyer at Christopher K. Caswell, P.A.
Not sure I understand the complete picture of what you are trying to do from your description.  I would need to gather a lot more information.  Generally, though, in Florida placing an asset that you own into any type of a revocable trust does not give asset protection benefits - it is generally referred to as a self - settled trust.  Some statues do allow self-settled asset protection trust, but it is uncertain whether that asset protection will be recognized by the courts of Florida and other jurisdictions. Another comment I would make is to consider holding title to real estate in a multi member LLC rather than a corporation.  There are asset protection benefits under that structure.  And try not to hold multiple real estate assets which have the potential of liability (like rental properties) in the same LLC.  A claim on one of the eproperties could also subject the other properties to liability if they are owned under the same LLC. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
Not sure I understand the complete picture of what you are trying to do from your description.  I would need to gather a lot more information.  Generally, though, in Florida placing an asset that you own into any type of a revocable trust does not give asset protection benefits - it is generally referred to as a self - settled trust.  Some statues do allow self-settled asset protection trust, but it is uncertain whether that asset protection will be recognized by the courts of Florida and other jurisdictions. Another comment I would make is to consider holding title to real estate in a multi member LLC rather than a corporation.  There are asset protection benefits under that structure.  And try not to hold multiple real estate assets which have the potential of liability (like rental properties) in the same LLC.  A claim on one of the eproperties could also subject the other properties to liability if they are owned under the same LLC. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.
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What rights do I have to my life partners estate? How?

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Answered by attorney Brian Haggerty (Unclaimed Profile)
Estate Planning lawyer at Minor, Bandonis & Haggerty P.C.
Unmarried partners should ALWAYS have wills. The basic answer is no, you have no rights in his estate. The things that you bought jointly, unless there is a written instrument saying they are held as joint tenants with right of survivorship, are owned as tenants in common: you own half, and your partner's estate owns half. His family can't just come in and get things; if they try, call the cops. That's called "stealing." They can open probate, and then the personal representative can demand your partner's share of the things you and (s)he owned. Rather than go down that road, you might want to offer to deliver to them those things which are family heirlooms, or which have personal significance for his or her siblings or parents.
Unmarried partners should ALWAYS have wills. The basic answer is no, you have no rights in his estate. The things that you bought jointly, unless there is a written instrument saying they are held as joint tenants with right of survivorship, are owned as tenants in common: you own half, and your partner's estate owns half. His family can't just come in and get things; if they try, call the cops. That's called "stealing." They can open probate, and then the personal representative can demand your partner's share of the things you and (s)he owned. Rather than go down that road, you might want to offer to deliver to them those things which are family heirlooms, or which have personal significance for his or her siblings or parents.
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What happens when someone dies, there is no will, and 1 descendant is living in the home?

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Answered by attorney Robert James Slotkin (Unclaimed Profile)
Estate Planning lawyer at Robert J. Slotkin
If we are talking about homestead property (principal residence) and no spouse, then upon death the house goes to the children. Living there carries no greater rights (if both children are adults). If one is living there and that is not acceptable to the other, I would suggest one buy out the other. If he/she refuses, the other child can force a partition sale (similar to a foreclosure sale) where the property is sold judicially and the proceeds divided.
If we are talking about homestead property (principal residence) and no spouse, then upon death the house goes to the children. Living there carries no greater rights (if both children are adults). If one is living there and that is not acceptable to the other, I would suggest one buy out the other. If he/she refuses, the other child can force a partition sale (similar to a foreclosure sale) where the property is sold judicially and the proceeds divided.
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