Author Archives: Larry Bray
For Gun Owners, a Gun Trust May be a Necessity in Your Estate Plan
When we think of the different kinds of trusts in estate planning, one type of trust usually isn’t first and foremost on our minds: the gun trust. But if you do have guns, things aren’t as simple as just leaving them to whomever you want to leave them to. The passing of ownership of… Read More »
Can You Negotiate With Creditors? Yes, But There are Drawbacks Also
Let’s say that you have significant debt, and for you, bankruptcy isn’t an option or just not something you want to consider. Could you just call your creditors, and see if they will work out a payment arrangement that you can agree to? The answer is generally yes, although there are caveats and considerations… Read More »
Things People Forget When Making an Estate Plan
So you go to an estate planning lawyer to have your will and other estate plan documents drawn up. You have everything with you, all the information that you need, and you draw up an estate plan, including a will, perhaps a trust, and some other crucial documents, like powers of attorney or healthcare… Read More »
Class Gifts in Your Estate Plan: A Good or Bad Idea?
Let’s say that you have an estate plan, and you want to leave your property to your beneficiaries. When you make your will or trust, you would identify your beneficiaries—that is, who is getting what from your estate. But naming people isn’t the obvious task that it seems to be—and making a mistake can… Read More »
How Lenders Get In Trouble With Usury Laws
Let’s say you loan money to borrowers. You know that you can charge interest, but that there is a limit to the legal interest that you can charge. You are careful, making sure not to exceed the legal maximum. But don’t be surprised if you still end up in trouble, exceeding the legal interest… Read More »
Escrow Agents Often Find Themselves Involved in Interpleader Actions
Real estate litigation is unique because unlike most lawsuits that involve a dispute over property or assets between two people or parties, with real estate there is often a third party: an escrow agent, or even a realtor. What is an Escrow Agent? An escrow agent is a party that is neutral to, and… Read More »
Avoiding Undue Influence Challenges in Probate Court
The thought of your friend, relatives or loved ones all fighting over what you may have left them when you are gone is, to say the least, distasteful. One of the overriding goals in estate planning is to create an estate plan that is clear, and which avoids challenges later on—challenges that can be… Read More »
You May Need to Go to Court to Foreclose on Government Property Liens
If you buy foreclosed properties, or properties with tax liens and sales, there is a new federal court decision to be aware of. That case is not a Florida case, but likely will affect the validity of liens here in Florida, and the ability to get title insurance for certain types of property. Judicial… Read More »
Valuable Artwork in Probate
If you have an estate that is going to be probated, most of the assets in that estate have got to be valued. That’s for a number of reasons—taxation, or so that the court knows assets are being handled correctly, or so beneficiaries know what they stand to gain if property needs to be… Read More »
How to Use a Right of Occupancy Trust
If you have real estate, and you are creating an estate plan, you always have the option of leaving the property to whomever you may choose to leave it to. But what if you don’t want someone to actually own the property, or reap the financial benefits of owning it—you just want to provide… Read More »
