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FLORIDA
INHERITANCE PLANNING
PART 1
“When most hear "estate planning," inheritances are one of
the first things they think of. An inheritance plan,
however, is not as simple or as straightforward
as many people believe it to be.”
ROBERT J. KULAS
FLORIDA ESTATE AND MEDICAID PLANNING ATTORNEY
Florida Inheritance Planning – Part1 www.kulaslaw.com 2
When most hear "estate planning," inheritances are one of the first things that
come to mind. An inheritance plan, however, is not as simple or as
straightforward as many people believe it to be. Further, inheritance planning,
though important, is only a single piece of a comprehensive estate plan.
In this first of a two-part discussion on Florida inheritance planning, we're going
to take a look at some of the basic underlying issues that everyone creating an
inheritance plan needs to consider. Regardless of your circumstances, making
sure that your plan is right for you is something that can take a lot of preparation,
thought, and time to do properly.
Florida Inheritance Planning – Part1 www.kulaslaw.com 3
MAKING INHERITANCE CHOICES
All you have to do to create an inheritance plan is write your inheritance wishes
down on the documents and call that document your last will and testament,
right? After all, you've seen wills used in movies and television shows for years,
and the documents
don't appear to be that
complicated. In fact, it's
so easy, you don't need
an attorney's assistance
at all.
If what you just read is
representative of the
common wisdom about
inheritance planning,
the common wisdom is
far from wise. The
inheritance planning
process, at its heart, is
simply about making decisions about what you want to happen to your property
after you die. But the kinds of decisions you make, and the way in which you
make them, is what makes inheritance planning such a complicated process.
The truth is there are numerous ways to choose to leave inheritances. Further,
each choice you make, and each tool you create, has certain advantages and
disadvantages. In order to make a comprehensive, and effective, inheritance plan,
you need to balance multiple factors and make choices about what is most
Florida Inheritance Planning – Part1 www.kulaslaw.com 4
important to you. Only after you make these decisions can you and your attorney
craft a plan that meets your needs.
INHERITANCE PLANNING TOOLS
What does the average inheritance plan look like? What kind of tools does it use?
Though we will discuss in more detail the individual tools people use in their
inheritance plans in our next discussion, for now it's important to realize that
there are a variety of tools available to you.
For example, most people are familiar with a last will and testament. A will allows
you to make inheritance choices, as well as make other important decisions that
will affect your estate.
However, wills are not
perfect inheritance
planning tools, and
come with limitations.
Because of that, many
people choose to create
inheritance plans that
don't rely so much on a will, but instead focus on passing inheritances through a
revocable living trust. In other situations you might choose to employ other estate
planning tools, such as jointly-owned property, or assets that have transfer on
death beneficiaries.
Florida Inheritance Planning – Part1 www.kulaslaw.com 5
NOT CREATING AN INHERITANCE PLAN
Regardless of the particular inheritance planning choices you make, what's vital
to understand is that if you don't bother to create a plan of your own, you
effectively allow your inheritance planning choices to be made by Florida law.
Every state, including Florida, has specific laws that effectively predetermine
what your inheritance choices are. These laws will apply to you if you fail to
create a legally effective inheritance plan of your own. So, if controlling your
inheritance choices is important to you, you will need to take the initiative and
create a plan.
Florida Inheritance Planning – Part1 www.kulaslaw.com 6
DON'T MAKE A PLAN UNTIL YOU'VE RECEIVED
LEGAL ADVICE FROM A LAWYER
While creating an
inheritance plan in
Florida might seem like
a fairly simple and
straightforward thing to
do, the reality is often
quite different. Even if
you don't think you have
that much property to
worry about, there are
numerous issues you
need to consider when
drafting an inheritance plan. Some of these issues you might have never really
considered much in the past, but they can play a key role in the inheritance
planning decisions you make.
Regardless of your age, circumstances, or how much you own, crafting an
inheritance plan and making choices on how you want to leave your property
after you are gone is a very personal process. To craft a plan that is right for you,
you need to speak to an experienced attorney who was helped clients through the
planning process in the past. If you haven't already done so, contact us as soon as
possible so we can help you create a plan that fits your needs.
Florida Inheritance Planning – Part1 www.kulaslaw.com 7
SCHEDULE AN APPOINTMENT TODAY
For seniors, procrastination is not a word you can afford to use very often. Our
needs change as we get older, and we have to be ready to change with them.
Creating an estate plan that addresses all of the important issues you might face
in the near or distant future is absolutely essential if you are senior citizen in the
state of Florida.
Regardless of your age, financial circumstances, or personal health, having an
estate plan in place is something every senior needs to do. Unfortunately, though
the attorneys and staff at the Robert J Kulas, PA have years of experience helping
Florida seniors craft comprehensive estate plans, we cannot help you until you
decide to talk to us.
If you haven't done so yet, schedule an appointment to sit down and speak with
us about the kind of plan you might need. Once you have taken the time to create
a plan, you'll feel much better about the future, and will be able to rest easy
knowing that you have done everything you can to protect yourself and your
family.
Florida Inheritance Planning – Part1 www.kulaslaw.com 8
About the Author
Robert J Kulas
Robert is the founder and principal shareholder in the Port St. Lucie and
Vero Beach law offices of Robert J. Kulas, P.A. Because he believes that
helping his clients manage their personal affairs wisely is one of the most
worthwhile professional activities he can pursue, he has devoted his
practice exclusively to estate planning.
Robert has invested considerable time and energy helping to educate
others in estate planning and is widely regarded as a dynamic speaker
who can make even the most complex estate planning issues easy to grasp. He provides free
monthly seminars to inform the public on the importance of proper estate planning. Over the
past twenty years, thousands of people have come to hear him speak. “Helping people
understand their options for estate planning is very important to me,” Robert said. “I like to
think that people in our community can look to me for the kind of quality information they
need to decide what is best for them and their families.”
About Robert J. Kulas, P.A. Attorneys at Law
Robert J. Kulas, P.A. Attorneys at Law is a full service estate planning and wealth preservation
law firm servicing Port St. Lucie and Vero Beach, Florida.
The firm is dedicated to providing you with quality estate planning resources, so you can
become familiar with all of the existing options. When you visit or call the office, we want you
to feel comfortable discussing such an important issue concerning both you and your family.
We want to arm you with the information you need to make an informed decision about your
family's future.
www.kulaslaw.com
East Lake Professional Center
2100 SE Hillmoor Drive, Suite 105
Port St. Lucie, FL 34952
Phone: (772) 398-0720
Univest Building
2770 Indian River Blvd., Suite 321
Vero Beach, FL 32960
Phone: (772) 778-8481

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Florida Inheritance Planning: Part1

  • 1. FLORIDA INHERITANCE PLANNING PART 1 “When most hear "estate planning," inheritances are one of the first things they think of. An inheritance plan, however, is not as simple or as straightforward as many people believe it to be.” ROBERT J. KULAS FLORIDA ESTATE AND MEDICAID PLANNING ATTORNEY
  • 2. Florida Inheritance Planning – Part1 www.kulaslaw.com 2 When most hear "estate planning," inheritances are one of the first things that come to mind. An inheritance plan, however, is not as simple or as straightforward as many people believe it to be. Further, inheritance planning, though important, is only a single piece of a comprehensive estate plan. In this first of a two-part discussion on Florida inheritance planning, we're going to take a look at some of the basic underlying issues that everyone creating an inheritance plan needs to consider. Regardless of your circumstances, making sure that your plan is right for you is something that can take a lot of preparation, thought, and time to do properly.
  • 3. Florida Inheritance Planning – Part1 www.kulaslaw.com 3 MAKING INHERITANCE CHOICES All you have to do to create an inheritance plan is write your inheritance wishes down on the documents and call that document your last will and testament, right? After all, you've seen wills used in movies and television shows for years, and the documents don't appear to be that complicated. In fact, it's so easy, you don't need an attorney's assistance at all. If what you just read is representative of the common wisdom about inheritance planning, the common wisdom is far from wise. The inheritance planning process, at its heart, is simply about making decisions about what you want to happen to your property after you die. But the kinds of decisions you make, and the way in which you make them, is what makes inheritance planning such a complicated process. The truth is there are numerous ways to choose to leave inheritances. Further, each choice you make, and each tool you create, has certain advantages and disadvantages. In order to make a comprehensive, and effective, inheritance plan, you need to balance multiple factors and make choices about what is most
  • 4. Florida Inheritance Planning – Part1 www.kulaslaw.com 4 important to you. Only after you make these decisions can you and your attorney craft a plan that meets your needs. INHERITANCE PLANNING TOOLS What does the average inheritance plan look like? What kind of tools does it use? Though we will discuss in more detail the individual tools people use in their inheritance plans in our next discussion, for now it's important to realize that there are a variety of tools available to you. For example, most people are familiar with a last will and testament. A will allows you to make inheritance choices, as well as make other important decisions that will affect your estate. However, wills are not perfect inheritance planning tools, and come with limitations. Because of that, many people choose to create inheritance plans that don't rely so much on a will, but instead focus on passing inheritances through a revocable living trust. In other situations you might choose to employ other estate planning tools, such as jointly-owned property, or assets that have transfer on death beneficiaries.
  • 5. Florida Inheritance Planning – Part1 www.kulaslaw.com 5 NOT CREATING AN INHERITANCE PLAN Regardless of the particular inheritance planning choices you make, what's vital to understand is that if you don't bother to create a plan of your own, you effectively allow your inheritance planning choices to be made by Florida law. Every state, including Florida, has specific laws that effectively predetermine what your inheritance choices are. These laws will apply to you if you fail to create a legally effective inheritance plan of your own. So, if controlling your inheritance choices is important to you, you will need to take the initiative and create a plan.
  • 6. Florida Inheritance Planning – Part1 www.kulaslaw.com 6 DON'T MAKE A PLAN UNTIL YOU'VE RECEIVED LEGAL ADVICE FROM A LAWYER While creating an inheritance plan in Florida might seem like a fairly simple and straightforward thing to do, the reality is often quite different. Even if you don't think you have that much property to worry about, there are numerous issues you need to consider when drafting an inheritance plan. Some of these issues you might have never really considered much in the past, but they can play a key role in the inheritance planning decisions you make. Regardless of your age, circumstances, or how much you own, crafting an inheritance plan and making choices on how you want to leave your property after you are gone is a very personal process. To craft a plan that is right for you, you need to speak to an experienced attorney who was helped clients through the planning process in the past. If you haven't already done so, contact us as soon as possible so we can help you create a plan that fits your needs.
  • 7. Florida Inheritance Planning – Part1 www.kulaslaw.com 7 SCHEDULE AN APPOINTMENT TODAY For seniors, procrastination is not a word you can afford to use very often. Our needs change as we get older, and we have to be ready to change with them. Creating an estate plan that addresses all of the important issues you might face in the near or distant future is absolutely essential if you are senior citizen in the state of Florida. Regardless of your age, financial circumstances, or personal health, having an estate plan in place is something every senior needs to do. Unfortunately, though the attorneys and staff at the Robert J Kulas, PA have years of experience helping Florida seniors craft comprehensive estate plans, we cannot help you until you decide to talk to us. If you haven't done so yet, schedule an appointment to sit down and speak with us about the kind of plan you might need. Once you have taken the time to create a plan, you'll feel much better about the future, and will be able to rest easy knowing that you have done everything you can to protect yourself and your family.
  • 8. Florida Inheritance Planning – Part1 www.kulaslaw.com 8 About the Author Robert J Kulas Robert is the founder and principal shareholder in the Port St. Lucie and Vero Beach law offices of Robert J. Kulas, P.A. Because he believes that helping his clients manage their personal affairs wisely is one of the most worthwhile professional activities he can pursue, he has devoted his practice exclusively to estate planning. Robert has invested considerable time and energy helping to educate others in estate planning and is widely regarded as a dynamic speaker who can make even the most complex estate planning issues easy to grasp. He provides free monthly seminars to inform the public on the importance of proper estate planning. Over the past twenty years, thousands of people have come to hear him speak. “Helping people understand their options for estate planning is very important to me,” Robert said. “I like to think that people in our community can look to me for the kind of quality information they need to decide what is best for them and their families.” About Robert J. Kulas, P.A. Attorneys at Law Robert J. Kulas, P.A. Attorneys at Law is a full service estate planning and wealth preservation law firm servicing Port St. Lucie and Vero Beach, Florida. The firm is dedicated to providing you with quality estate planning resources, so you can become familiar with all of the existing options. When you visit or call the office, we want you to feel comfortable discussing such an important issue concerning both you and your family. We want to arm you with the information you need to make an informed decision about your family's future. www.kulaslaw.com East Lake Professional Center 2100 SE Hillmoor Drive, Suite 105 Port St. Lucie, FL 34952 Phone: (772) 398-0720 Univest Building 2770 Indian River Blvd., Suite 321 Vero Beach, FL 32960 Phone: (772) 778-8481