Family Law Wills, Trusts, & Estate Planning General Business

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Premarital planning - Protecting your assets without a prenup

Protecting family assets in the event of a divorce is particularly significant for family business owners, who typically want to avoid sharing ownership with their ex-spouses or their children’s ex-spouses. A prenuptial...more

Till Death Do Us Part. . . or at Least Until the Divorce Becomes Final

When important changes occur in life, it is advisable to reevaluate your estate planning to ensure it continues to meet the goals and objectives you have for your estate and your beneficiaries – and going through a divorce is...more

Court Warns That Marriage Does Not Render A Spouse Automatically Entitled To Preexisting Life Insurance Policies

In a recent unpublished decision, the New Jersey Appellate Division has again stressed the importance of complying with the beneficiary designation requirements contained in life insurance policies. See Fox v. Lincoln...more

Benefits of an Irrevocable Life Insurance Trust as Security for Support

Divorce or separation agreements often require one spouse to maintain life insurance as security for their support obligation. Attorneys often do not address the tax implications if the insured spouse owns the policy. ...more

"Insights" Newsletter - Spring 2014

In this issue: - Supply Chain Finance as the "New Normal" - Consumer Financial Protection Bureau Implements Regulations for Covered Mortgage Loans - Arbitration Guidelines - Navigating Foreclosure...more

Family Law: Corporate And Trust Challenges To Service Of Process And Jurisdiction

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s...more

Recent Developments in Tax Related Matters

June and July, 2013 have born a number of new developments relating to tax related matters. This article is designed to provide a synopsis of those that might be of interest to PK Law readers...more

A Cautionary Tale On Holding Title: Marriage License Does Not Override Domestic Partnership Agreement

A recent case, the Estate of Wilson, 2012 WL 6216869 (1st Dist. 2012), illustrates generally why escrow holders should avoid giving advice to parties to an escrow on how to take title to real property...more

Insight on Estate Planning - Year End 2012

In This Issue: - The spousal lifetime access trust: A safety net in uncertain times - Be prepared for a triggering event: If you own interests in a closely held business, consider a buy-sell agreement - Is your...more

Post-Nuptial Agreement Trap

A recent Florida appellate court decision bears review by practitioners drafting post-nuptial agreements. The case involved a husband who provided for assets to pass to his wife in his Last Will. After the Will was...more

Real Estate, Oil & Gas and Estate Planning: Oil & Gas Fundamentals For Family Law Practitioners

In This Presentation: Typical Documents To Be Reviewed: Deed; Mineral Deed; Mineral Reservation; Royalty; Lease; Seismic Permit; and, Pipeline Right-of-way. Who owns the minerals: Title Opinion; Title Insurance;...more

Family Office Exemption Narrowly Defined by S.E.C.

Following the stock market crash of 1929 and the Great Depression which followed, Franklin D. Roosevelt’s 1932 democratic campaign platform called for regulation of the securities exchanges “to the full extent of federal...more

Business Owners – Is Now the Time to Sell?

As business revenues and values have declined over the past number of years, many owners delayed the possible departure from their business through retirement or sale, either waiting for things to get better, or as result of...more

Sharing the Family Business Without Giving Up Control

A useful strategy for protecting assets during a down economy and minimizing estate tax liability is starting a family investment company (FIC). Who can use this plan? Families who want to lessen their estate tax burden,...more

Homestead Waiver Imputed To Warranty Deed [Florida]

The Florida Constitution prohibits a decedent from devising his or her homestead to third parties if the decedent is surviving by a spouse at death. When there are no surviving lineal descendants of the decedent, the...more

Implement “Start, Stop and Continue” Meetings to Improve Your Operations

What should we start doing? What should we stop doing? What should we continue doing? If you and your team periodically answer these three questions, your firm could perform with the efficiency of a Silicon Valley software...more

Powers of Attorney in Florida

Discusses the basics of the types and uses of Powers of Attorney in Florida...more

The Diamond in Your Engagement Ring May Last Forever...Your Marriage May be Another Story

Death and divorce are understandably unromantic topics for any couple to approach when they are planning on spending the rest of their lives together, but planning for these events, one certain and the other increasingly...more

Pre-Nuptial Agreements: A Smart Money Move

There are few certainties in life. However, one of life’s certainties is that all marriages will end, whether by death or divorce. At the end of marriage, whether by divorce or death, disputes over money and the...more

California Court of Appeal Refuses to Extend Insurer's Duties to Nonparty: Spouse of Deceased Insured Has No Independent Fraud...

A spouse may not sue an insurer for individual tort claims under a health insurance policy issued to his deceased wife. Refusing to create a new tort under California law, California’s Fourth Appellate District in The Mega...more

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