Is Florida now a Community Property State?

On June 29, 2021, Governor Ron DeSantis signed into law Senate Bill 1070, known as the Florida Uniform Directed Trust Act (the “Act”), which expands Florida’s directed trust laws.  A directed trust is a trust that appoints a third-party (often called a trust director or trust protector) to provide direction to a trustee regarding trust […]

The Crypto Estate

According to Google Trends, the amount of people searching “cryptocurrency” or “crypto” reached an all-time high this year.  However, many people do not understand the intricacies or implications of cryptocurrency.  Using and investing in cryptocurrency creates considerable estate planning and tax implications. Cryptocurrency is a form of digital currency that is used to purchase goods […]

Conservatorship, Guardianship, and Britney Spears

Recent news has brought the concept of conservatorship and guardianship to the forefront. Britney Spears’ California conservatorship case involving her father’s control of her financial affairs generated public outcry. Similarly, in Florida, the tragic Surfside condominium collapse created concern for families attempting to manage the affairs of their missing loved ones. States have different procedures […]

Alternate Names for Business Entities

March 29, 2021Michael Salad, Esq. | Craig Panholzer, Esq. We frequently receive inquiries from small-business owners about conducting business under a name other than its legal name.  A business entity may conduct business in New Jersey under an alternate name (commonly referred to as a “fictitious name”) if statutory guidelines are met. An alternate name […]

Changing Residency from New Jersey to Florida

Now more than ever, people are contemplating changing their state residency. We are frequently approached by clients seeking to relocate to Florida for financial reasons but they do not always understand the financial benefits or the process of establishing Florida residency.  To help you decide whether a permanent move from New Jersey to Florida is […]

Part Two: The Mechanics of an ABLE Account

After part one of our article regarding ABLE accounts, we received several inquiries about how funds in ABLE accounts may be invested, how ABLE accounts differ from a 529 college savings plan, what constitutes permissible uses of ABLE account funds and what happens to account funds after the participant passes away.  “ABLE” is an acronym […]

Establishing an ABLE Account in Florida

The Achieving a Better Life Experience Act (the “ABLE Act”) provides families with a valuable savings mechanism that has been underutilized since its enactment into federal law on December 19, 2014.  The ABLE Act assists individuals and families in establishing tax-free savings accounts to maintain health, independence and quality of life for individuals with disabilities. […]

Financial Planners Beware

August 8, 2020Michael Salad, Esq. | Craig Panholzer, Esq. In the world of e-mails and text messages, financial planners are often pressed to answer their clients’ questions immediately.  Referrals and client retention are the lifeblood of financial planners.  As a result, financial planners may unknowingly extend themselves beyond ethical and legal thresholds.  This article provides […]

Preserving Social Security Benefits Against Creditor Claims

Debt is common for most Americans. Unexpected events such as job loss or sickness may cause defaults on debt.  The resulting credit damage or creditor judgments may follow a debtor for life. To that end, many Americans nearing retirement or in retirement who rely on social security benefits wonder if social security benefits are subject […]

Do Not Resuscitate?

In these times of pandemic uncertainty, many people are faced with difficult circumstances, including health-care professionals.  Prolonging life by means of resuscitation is not a decision universally accepted. Leaving that decision to health care providers can be precarious. Hospital and health care professionals are often faced with making decisions of life or death in an […]