The Florida Estate Planning and Probate Law Blog is focused on recent federal and state case law and planning ideas.

2016 CONTRIBUTION & BENEFIT LIMITS

The following chart details the compensation, contribution and benefit limits for 2016. All limits are applicable for the plan year commencing in the respective year, except as stated otherwise below. LIMIT 2016  2015  2014 401(K) DEFERRAL CONTRIBUTIONS $18,000 (Calendar Year Limit)  $18,000 (Calendar Year Limit)  $17,500 (Calendar Year Limit) GOVERNMENTS AND TAX-EXEMPT PLANS DEFERRAL CONTRIBUTIONS $18,000 (Calendar Year Limit)  $18,000 (Calendar Year Limit) $17,500 ...

EVIDENCE REQUIRED TO DETERMINE POSSESSION OF PROPERTY DURING FLORIDA PROBATE PROCEEDINGS

    During the Florida probate administration the personal representative may take possession of all of the decedent’s property.  Fla. Stat. § 733.607(1).  However, this provision of the Probate Code also provides that such property can be left with the person presumptively entitled to it.  As a result, it is very common for disputes to arise as to (i) whether property is, in fact, the decedent’s property; and (ii) whether someone other than the personal representative has a right to possession of the property during administration.   Florida’s Fourth District...

WHERE ELDER LAW AND ESTATE PLANNING MEET

  Florida Estate planning does not only involve the preparation of a Will, Trust, or Power of Attorney, but also takes into consideration retirement issues. For the ordinary individual, both the means-tested and non-means-tested government benefit programs (Security Security, Medicare and Medicaid) are an important retirement consideration.   As a result, individuals must consider whether they should dispose of their assets, prior to death, through pre-need planning in order to qualify for means-tested government programs (Medicaid – which may pay for the cost of long term...