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News/Blog

Taking Stock of Artwork & Collectibles

October 15, 2018

When constructing an estate plan, it is important to consider any art and collectibles. As anyone who’s watched an episode of Antiques Roadshow has seen, these items don’t have to be original Picassos to be monetarily valuable. Many people are unaware of the true worth of their pieces, over- or undervaluing them based on sentiment, family lore, or just plain lack of information.

The IRS defines collectibles as works of art, rugs, antiques, metals, gems, stamps coins, alcoholic beverages, or “other tangible personal property the IRS determines is a collectible.” In other words, a collectible could be anything from a sculpture to a comic book to a bottle of wine….

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Updating Estate Planning Documents Upon Divorce

October 1, 2018

It’s a commonly known fact that about half of marriages will end in divorce. Certain matters are easily overlooked during this stressful process, but updating estate planning documents should not be one of them.

Under current Florida law, upon dissolution of marriage, any inheritances that would have gone to an ex-spouse will be nullified. This is true of documents such as wills and trusts, and also of certain “non-probate assets.” Non-probate assets pass to a named individual upon the grantor’s death, and may consist of property such as life insurance policies, retirement accounts and pay-on-death accounts….

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Florida Gun Trusts

August 27, 2018

The State of Florida allows residents to possess certain firearms and accessories that are regulated under Title II, Class 3, of the National Firearms Act. These items include, for example, machine guns, silencers, and short-barreled shotguns and short-barreled rifles. Historically, gun trusts were used as a way to avoid the process of applying to the for an owner’s permit. These applications had to be certified and submitted to the Bureau of Alcohol, Tobacco and Firearms (ATF) by a city or county Chief Law Enforcement Officer (CLEO), some of whom were reluctant to do so….

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Pet Trusts

August 8, 2018

Roughly sixty-eight percent of American households own a pet. Since most pet lifespans are shorter than the average human, many people will own several pets during their lifetime. So when it comes to estate planning, who’s going to take care of the cat may be the last thing on a person’s mind. However, providing for the care of animals is an important step when planning for the future.

Florida law provides for the creation of pet trusts. Previously, some owners would use a will to leave their pets to a friend or family member, and possibly designate funds for the pets’ care….

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Duane Pinnock and Adam Sabocik Named Partners, Attorney Zachary Rothman and Certified Paralegal Dawn Wiggins Join Firm

June 7, 2018

Boyes, Farina & Matwiczyk, P.A. today announced Attorneys Duane L. Pinnock and Adam C. Sabocik have been named Partners. Attorney Zachary Rothman and Paralegal Dawn Wiggins join the firm’s estate planning, administration and litigation team.

A Florida Super Lawyers Rising Star™ in Trusts and Estate Litigation and a Florida Trend “Legal Elite: Up and Comer,” Duane Pinnock is Florida Bar Board Certified in Wills, Trusts and Estates. In 2016, the Florida Bar appointed Mr….

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Choosing Appropriate Guardians of the Children

May 1, 2018

The possibility of being unable to care for one’s own children is difficult to envision, but it should be addressed during the estate planning process. Selecting personal guardians who will assume responsibility for the upbringing of children is a decision that must be carefully considered.

A personal guardian should, of course, be a trusted friend or family member. Often the first people who come to mind are grandparents. While grandparents often step in to care for grandchildren if parents are unable to do so, naming them as guardians may not be advisable….

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Remarriage and Elective Share

April 17, 2018

Over the years, the likelihood of remarriage has risen among older adults. In a recent study of Americans who’ve been previously married, 67 percent of those ages 55 to 64, and 50 percent of those 65 and older had remarried. These unions come with unique estate planning considerations.

Older adults are more likely to have previous estate plans, and these should be reviewed prior to remarriage. The parties often have their own families, complete with adult children and grandchildren, who may have been provided for through a previously executed will or trust….

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Potential Problems with Siblings as Trustees

March 20, 2018

When parents create trusts, they often consider appointing one or more of their children as trustees. On the surface, it may seem like the best way to protect their legacy is to keep trust management within the family. However, this plan may backfire due to practicality or family dynamics.

Appointing two or more siblings as co-trustees could create logistical problems. Co-trustees may need to co-sign documents, or make other joint actions or decisions, which could be difficult if the siblings reside more than a few hours apart….

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IRAs and the So-Called Kiddie Tax

March 6, 2018

Parents and grandparents often transfer IRAs to minor children within their estate plans. A rule called Tax on a Child’s Investment or Other Unearned Income (also known as the “kiddie tax”), was enacted to curtail transfers for the main purpose of avoiding higher taxes that would be paid by adults. The recently enacted Tax Cuts & Jobs Act (TCJA) makes subtle changes to this rule.

An IRA can be a great legacy to leave minor children. The child receives required minimum distributions, but because of her age, most of the money stays in the account and keeps earning….

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Protect Your Cryptocurrency Investments

February 13, 2018

Cryptocurrencies like Bitcoin, Dash and Ripple are on the rise as investment tools. A cryptocurrency is a form of digital currency that uses encryption for security. The virtual nature of the currency makes person-to-person transfers easier and less expensive because there is no bank involved; the encryption enhances security, protecting against counterfeiting and theft. Cryptocurrencies are usually stored in virtual wallets, such as GreenAddress, in hardware wallets that resemble flash drives, or on exchange sites, like Coinbase, where they are bought and sold….

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