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Tag: personal-property

The Basics of Forming Florida Nonprofit Organizations

May 18, 2024

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by

Elf

in Florida BAR article

Most nonprofits in Florida are formed under the Florida Not For Profit Corporation Act. This act governs how the nonprofit is organized and operated. Nonprofits can have members with voting rights or no members at all. If the nonprofit decides to have members, the articles and bylaws must specify their voting rights for important decisions.…
The New York (and Other States) Death Tax Trap

May 18, 2024

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by

Elf

in Florida BAR article

Many retirees move to Florida from other states and keep a home in their former state. These individuals, known as “snowbirds,” may face unexpected taxes on their properties in their former state. Changes to estate tax laws in 2001 and the creation of a new tax regime in 2010 could affect their estates. Before EGTRRA,…
Ins and Outs: The Taxation of Imports and Exports in Florida

May 18, 2024

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by

Elf

in Florida BAR article

Your client, a computer manufacturer in Illinois, needs advice on a contract with a specialist in Miami to modify computers for customers in South America. They also need help with shipping issues through the port and other Florida-related matters. This article explains how state taxes on imports and exports work, focusing on Florida’s sales and…
So You Left Your Trust at Home When You Moved to Florida

May 18, 2024

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by

Elf

in Florida BAR article

Florida is a popular place for retirees because of the warm weather and tax benefits. Many people who move to Florida from other states may have irrevocable trusts that need to be reviewed. These trusts may have outdated rules and may need to be changed. This article talks about how it may be possible to…
Rev. Proc. 2010-36: Something Smells Foul (Again!) for Chinese Drywall Victims

May 18, 2024

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by

Elf

in Florida BAR article

Between 2003 and 2007, many homes in the US were built with Chinese drywall, which caused problems like corrosion, bad odors, and health issues for people living in those homes. The IRS issued guidance for homeowners to claim a tax deduction for the damage caused by the defective drywall, but it didn’t help everyone. The…
An Introduction to the Complexities of Taxing Cross-Border Transfers of Digital Goods and Services

May 18, 2024

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by

Elf

in Florida BAR article

Many companies now sell digital products and services online, like clothes and movies. People use their smartphones to shop and store their data in the cloud. But this has made it hard for governments to figure out how to tax these transactions across different countries. The U.S. has its own tax issues to deal with…
Understanding the Testamentary Effects of Community Property Rules

May 18, 2024

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by

Elf

in Florida BAR article

Due to a lot of people moving to Florida, the state has community property rules that are important in legal decisions. In 1992, the Florida probate laws were changed to include a version of the Uniform Disposition of Community Property Rights at Death Act. This act affects what happens to a person’s property after they…
The Loss of Homestead Through Rental

May 18, 2024

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by

Elf

in Florida BAR article

Recently, there have been conflicts between property appraisers and homeowners over the right to rent out their homesteaded properties. Property appraisers have been revoking the homestead exemption for homeowners who rent out their entire homes for long periods of time, saying it means they no longer live there. However, some homeowners who rent out their…
Are Florida Laws on Tenancy by the Entireties in Personalty as Clear as We Think?

May 18, 2024

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by

Elf

in Florida BAR article

In basic terms, at common law, there was some doubt about whether a married couple could jointly own property with the right of survivorship or by the entirety. This is because specific requirements, called “unities,” had to be met for these types of ownership. Tenancy by the entirety (TBE) is a form of ownership only…
2020: A Challenging Year for Keeping Up With Changes to Probate and Guardianship Rules and Statutes

May 18, 2024

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by

Elf

in Florida BAR article

Probate and guardianship laws in Florida had a lot of changes in 2020, which affected how attorneys handle these cases. These changes came from new laws and updates to existing rules. It’s important for attorneys to pay close attention to these changes to make sure they follow the right procedures when filing documents with the…
The Uniform Partition of Heirs Property Act: A Solution in Search of a Problem

May 18, 2024

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by

Elf

in Florida BAR article

The Florida Bar Journal recently talked about the Uniform Partition of Heirs Property Act (UPHPA), saying it’s better for heirs’ rights. But Florida’s current probate law already protects those rights. The UPHPA may cause more problems than it solves. Florida law allows property to be divided and sold fairly. So, the UPHPA may not be…
A Seven-Step Analysis of Equitable Distribution in Florida Part 1: Classification and Valuation of Marital Property

May 18, 2024

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by

Elf

in Florida BAR article

In a divorce case in Florida, the court has to divide the things the couple owns. First, they decide which things were bought or owed before a certain date (like the day they got married) and which were bought or owed after that date. Then, they figure out the value of everything. After that, they…
A Brave New Frontier: The Equitable Distribution 2008 Legislative Changes

May 18, 2024

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by

Elf

in Florida BAR article

On July 1, 2008, Florida changed its law about how property and assets are divided when a marriage ends. They got rid of the special equity rule and made it easier for one person to prove they deserve more of the property. They also made it so that gifts between spouses are assumed to be…
1997 Update on the Bert Harris Private Property Protection Act

May 18, 2024

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by

Elf

in Florida BAR article

The Bert J. Harris, Jr. Private Property Rights Protection Act allows property owners to sue the government if they feel that the government’s actions have unfairly restricted the use of their property. Before suing, the property owner must submit a written claim and get an appraisal of the property’s value. Within six months, the government…
Should Family Pets Receive Special Consideration in Divorce?

May 18, 2024

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by

Elf

in Florida BAR article

When couples adopt a pet, they make a commitment to care for it for life. Many people see their pets as part of the family and feel responsible for their well-being, similar to how parents feel about their children. But legally, pets are considered personal property that can be bought, sold, or given away. When…
Defining Animal Rights and Animal Welfare: A Lawyer’s Guide

May 18, 2024

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by

Elf

in Florida BAR article

The difference between animal rights and animal welfare is that animal rights advocates believe that some animals should have the same rights as humans, while animal welfare advocates believe all animals should be protected from abuse and treated humanely. It’s important for lawyers and others to understand these concepts in order to navigate the legal…
Pets Should Receive Special Consideration in F.S. Ch. 61, Dissolution and F.S. Ch. 741, Domestic Violence

May 18, 2024

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by

Elf

in Florida BAR article

As of March 2019, the number of pet dogs and cats in the U.S. has increased. Dogs and cats are the second and third most owned pets, with around 94.2 million cats and 89.7 million dogs living in U.S. households. This is an increase from 2015-2016. Pets have become an important part of people’s lives…
What rights do the surviving offspring have in the probate estate?

Mar 7, 2024

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by

Elf

in FAQ

What rights does the surviving partner have in the probate estate? In addition to the right to inherit through the laws of intestacy, the surviving partner has 4 primary rights. The first right is the right to an elective share, which would be 30% of the probate estate. The second right is the right to…
What are the different kinds of probate actions?

Mar 7, 2024

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by

Elf

in FAQ

The first type is called the disposal of personal property without administration, which applies when the Individual passed away and had a bank account. The second type is known as summary administration, which is applicable when the estate’s total value is either less than $75,000 or if it has been over 2 years since the…
How does a trust avoid probate?

Mar 7, 2024

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by

Elf

in FAQ

A trust establishes an individual’s rights to real or personal property which is held in a fiduciary relationship by one party for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. A trust is a…
What is a changeable confidence?

Mar 7, 2024

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by

Elf

in FAQ

A Changeable Confidence is a document formed during an individual’s lifetime to handle his or her assets and distribute the remaining assets after the individual’s death. The “Provider” or “Mastermind” is the individual who formed the Confidence and the “Administrator” is the person responsible for administering the Confidence. The Provider can serve as Administrator, or…
What can I do if my legal representative fails to respond to my calls and I need to obtain my case documents?

Mar 7, 2024

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by

Elf

in FAQ

Your case documents are considered the personal property of your legal representative. However, you have the right to request a copy of your documents. Your legal representative may charge a reasonable fee to cover the costs of making copies. ACAP* has the ability to assist you in contacting your legal representative and obtaining a copy…
What if the deceased owned real estate in more than one state?

Mar 7, 2024

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by

Elf

in FAQ

If there is no will, probate is usually required in each state where the real property is situated, in addition to the home state. Even if there is a will, after it is admitted to probate in the home state, a certified copy of the will must be submitted to probate in each other jurisdiction…
How long will it take to recover the rental property?

Mar 7, 2024

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by

Elf

in FAQ

In an eviction proceeding, it depends on the judge’s docket and the Sheriff’s docket. If the tenant fails to respond within 5 days of service or fails to deposit money in the Court registry, then it could be as little as 5-10 days. If the tenant does respond and deposit monies in the registry, then…