A Brief History of No-Contest Clauses No-contest, or in terrorem, clauses have been used in Wills for centuries. These clauses usually state that if a beneficiary under the document contests the validity of the document and loses, that beneficiary receives nothing. Of course, if the beneficiary wins, the document is invalid and so is the
Cindy Clark is panelist for ABA Gun Trust CLE
Attorney Cindy Clark of Tannenbaum Law Group in Sarasota, Florida, will be a panelist/presenter for the America Bar Association’s August 18, 2016, live webinar CLE program: “The Truth About Gun Trusts: What You Need to Know to Better Serve Your Clients.” Lawyers must take a certain number of Continuing Legal Education (CLE) hours each reporting period
Cindy Clark has moved to Tannenbaum Law Group
On July 1, 2016, I moved my practice to Tannenbaum Law Group in downtown Sarasota. While I loved having a solo practice, I found there were things I just could not offer my clients – such as continuity and coverage during vacations or, God forbid, death or extended illness. Since I encourage my clients to
Why Have a Gun Trust After July 13, 2016?
Earlier this year, the ATF changed the Rules regarding the transfers of NFA/Title II weapons. The new Rules will become effective July 13, 2016. The new Rules eliminate the requirement that a chief law enforcement officer (CLEO) sign off on an individual’s ATF application before it can be submitted to the ATF. Many people see
Home Improvements for Aging in Place
Nearly all of my clients tell me they want to remain in their homes as they age. But the home they live in now may not be suitable for them as they get older. Americans are getting older, and most want to stay in their homes and communities as they age. As a result, many
What is a Probate Bond?
“But my Dad’s Will says the Personal Representative doesn’t have to post a bond!” I hear that quite often when a family member meets with me to discuss the first steps of the probate process. Many folks are shocked to discover that, in addition to the initial probate court filing fees, they’ll need to pay a probate
Florida Nursing Home Annual Median Cost Now Over $100,000
The 2016 numbers for the costs of long-term care – whether at home or in a nursing home – across the country are out, and they’re pretty darn scary. Long-term care doesn’t just happen to the old. Many young people also end up needing long-term care due to an accident, illness, or disability. Do the names
Should I Name One of My Children as Successor Trustee?
So, you’re creating or changing a revocable living trust, and your estate planning attorney asks who you want to name as your successor trustee – the person who steps in to handle your trust assets when you become incapacitated or die. You have three children who all get along famously. Should you name one of
SSA’s Proposed Rule Strips Disabled of Gun Rights [Updated 12/19/16]
![SSA’s Proposed Rule Strips Disabled of Gun Rights [Updated 12/19/16]](https://cmclarklaw.com/wp-content/uploads/2016/05/SSA-disability-app-e1462373791262-200x200.jpg)
[Update December 19, 2016: The SSA published its Final Rule, which is essentially the same as its Proposed Rule. The Rule will be effective on January 18, 2017, but compliance isn’t required until December 19, 2017.] [Update October 21, 2016: The comment period closed on July 5, 2016. Nearly 4,000 comments were received and the
What Happens if I Don’t Change My Life Insurance Beneficiary After Divorce?
Many surviving spouses receive an unpleasant surprise when they attempt to collect on their deceased spouse’s life insurance policies. Often, a former spouse or the former spouse’s children are legally entitled to the proceeds because the deceased person never updated his beneficiary forms. In Florida, this accidental (or negligent) result was addressed in 2012 with a
