Historical Events On April 1st, Dating Back To 1621

April 1, 2014: Ten Year Anniversary! Congratulations to Jay Fleece, Hamden Baskin and their team for serving the community and its clients since 2004.

Jay&HamdenApril 1, 2004: Joseph (Jay) Fleece III, and Hamden Baskin III, formed the law firm of BaskinFleece. They decided to combine their extensive knowledge and experience to create a unique law firm that was focused mainly on contested estate, trust and guardianship matters. Their philosophy was simple: leverage trial skills with the knowledge of probate and trust law to provide consistent, efficient and effective representation for their clients.

Screen Shot 2014-03-29 at 3.56.36 PMApril 1, 1991 Supreme Court: It rules jurors can’t be barred from serving due to race.

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April 1, 1976 Apple Computer: Stephen Wozniak & Steven Jobs found Apple Computer.

 

April 1, 1955 1st Broadcast: WTVT TV channel 13 in Tampa-St Petersburg, FL (CBS) broadcasts for the first time.

April 1, 1866: US Congress rejects presidential veto giveing all equal rights in US.

April1, 1803: French law rules the use of intention.

April 1, 1789: The first U.S. House of Representatives forms and elects its first speaker.

$April 1, 1778: Oliver Pollock, a New Orleans businessman, creates the dollar  “$” symbol.

April 1, 1700: April Fools Day tradition is popularized.

April 1, 1621: The Plymouth, MA, colonists created the first treaty with Native Americans.

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What is Probate? Estate Planning in St. Petersburg, Clearwater and Tampa

Probate and probate assestsProbate is necessary to pass ownership of the decedent’s probate assets to the decedent’s beneficiaries. If the decedent left a valid will, unless the will is admitted to probate in the court, it will be ineffective to pass ownership of probate assets to the decedent’s beneficiaries. If the decedent had no will, probate is necessary to pass ownership of the decedent’s probate assets to those persons who are to receive them under Florida law.

Proper estate planning 101: Probate is also necessary to wind up the decedent’s financial affairs after his or her death. Administration of the decedent’s estate ensures that the decedent’s creditors are paid if certain procedures are correctly followed.

Click here to watch a short video on Probate vs. Trusts 

BaskinFleece can be contacted at 727.572.4545

The information above is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

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Does a Will Increase Probate Expenses?

No. If there is property to be administered or taxes to be paid or both, the existence of a will does not increase probate expenses. A will frequently reduces expenses. Find out how by watching the video below…

A will doesn't increase probate expenses. If there is property to be administered or taxes to be paid or both, the existence of a will does not increase probate expenses. A will frequently reduces expenses. If there is real or personal property to be transferred at your death, the probate court will have jurisdiction to ensure that it is transferred properly, either according to your will, or, if there is no will, in accordance with the inheritance statute. Thus, even if you have no will, your heirs must go to court to administer your estate, obtain an order determining your legal heirs, or obtain a determination that administration is unnecessary. These procedures are often more expensive than administering your will, since a properly drawn will names the beneficiaries and delineates procedures to simplify the administration process.If there is real or personal property to be transferred at your death, the probate court will have jurisdiction to ensure that it is transferred properly, either according to your will, or, if there is no will, in accordance with the inheritance statute. Thus, even if you have no will, your heirs must go to court to administer your estate, obtain an order determining your legal heirs, or obtain a determination that administration is unnecessary. These procedures are often more expensive than administering your will, since a properly drawn will names the beneficiaries and delineates procedures to simplify the administration process.

Contact BaskinFleece at 727.572.4545.

Some of the content of this information is courtesy of The Florida Bar and represents general legal advice. Because the law is continually changing, some provisions in this blog may be out of date. It is always best to consult an attorney about your legal rights and responsibilities in your particular case.

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The Difference Between a Living Will and a Do Not Resuscitate Order

A common misconception is that a Living Will and a Do Not Resuscitate Order (DNR) are the same document.  While both documents provide instructions to medical providers when you are unable to communicate your wishes regarding medical treatment, each document plays a different role in the administration of medical treatment to you. A Living Will is a written legal document prepared by you, with the assistance of your estate planning lawyer, stating your wishes regarding life-prolonging medical treatments.  If you have a terminal condition, end-stage condition, or are in a persistent vegetative state, your Living Will states what life-prolonging medical treatment(s), if any, you wish to receive.  A Living Will addresses whether you want medical treatments to prolong your life, such as a feeding tube, surgery, blood transfusions, and pain medicine. A Do Not Resuscitate Order (DNR) is a medical order written by your doctor, instructing health care providers not to administer cardiopulmonary resuscitation (CPR) if your heart stops beating or you stop breathing.  The DNR is only a decision to withhold CPR and does not affect the administration of other medical treatments such as a feeding tube, surgery, blood transfusions, and pain medicine. Not understanding the difference between a Living Will and a Do Not Resuscitate Order may inadvertently result in the administration of unwanted medical treatments or the withholding of desired medical treatments.  It is recommended that you discuss the Living Will with your estate planning lawyer and the Do Not Resuscitate Order with your physician, to effectively plan for your medical treatments. A common misconception is that a Living Will and a Do Not Resuscitate Order (DNR) are the same document.  While both documents provide instructions to medical providers when you are unable to communicate your wishes regarding medical treatment, each document plays a different role in the administration of medical treatment to you.

The video above explains the differences.

To set up a consultation, call BaskinFleece at (727) 572-4545. For more information about BaskinFleece, visit BaskinFleece.com.