Gulf Beaches Law, PA - Karen S. Keaton, Esq

08/28/2026

More than a quarter of Americans live where Medical Aid-in-Dying (MAID) is legal.

Choosing MAID requires strict adherence to legal rules, and failing to follow them precisely can create serious problems for both the patient and their family’s estate plan.

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/content-hub/f/11434/id/10462/is-content-hub/5430

Takeaways More than a quarter of Americans live where Medical Aid-in-Dying (MAID) is legal. Choosing MAID requires strict adherence to legal rules, and failing to follow them precisely can create serious problems for both the patient and their family’s estate plan. Do you...

08/27/2026

Would a living trust provide protection for my assets if I were sued?

Attorney Karen Keaton answers: Transferring assets to your revocable living trust will not protect them from creditors if you are sued because your assets are still under your control and you have the right to remove them and/or change the terms of the trust, so they will not be protected from any of your creditors.

https://youtu.be/L2BJgv5nrXQ?si=FRkpopj9jl_250ht

Would a living trust provide protection for my assets if I were sue...

08/26/2026

How a Living Trust Protects Your Finances During Incapacity -

Probate Avoidance Is Not the Whole Story
Revocable living trusts are widely known for helping families avoid probate after death. That benefit is real, but it is often not the most urgent reason a trust matters. For comprehensive estate planning, a trust addresses challenges that arise both after death and during life.

In real life, many families face a harder question first: What happens if Mom or Dad is alive but can’t manage money anymore? A hospitalization, a stroke, a fall with complications, or advancing dementia can quickly turn everyday tasks into a crisis.

Bills still need to be paid. Insurance paperwork still arrives. Property taxes still come due. Care costs can change month to month.

A properly designed and managed revocable living trust can provide a clear, private, and practical framework for handling these responsibilities during incapacity, not just after death.

NOTE: Trust and incapacity rules vary by state, and the right plan depends on your assets, family dynamics, and health needs.

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/content-hub/f/11434/id/10612/is-content-hub/5430

Takeaways A revocable living trust can do more than avoid probate court: It can keep your finances running smoothly if you become incapacitated (unable to manage your affairs). Unlike a will, a trust can authorize a successor trustee to manage trust-held assets...

08/25/2026

Must I give my Agent full power over all my property? Attorney Karen Keaton explains:

There are various types of delegation of authority to an agent under a power of attorney. Most often we see general powers of attorney or durable general powers of attorney, which allow an agent to step into the shoes of the person and exercise control over all of that person's property.

However, there could be a specific power of attorney for a specific asset or a specific situation. For instance it is not uncommon for someone to give a person a specific power of attorney to deal with a parcel of real estate that they are attempting to sell if they're going to be unavailable to sign documents.

https://youtu.be/wH2xiBm0cC8?si=v6jdD0dxrIkMOZsY

Must I give my agent full power over all my property? | Gulf Beache...

08/24/2026

What is a Power of Attorney? Karen Keaton explains:

There are several different kinds of powers of attorney. A general power of attorney allows a person to designate an agent to do all things for that agent as long as the person could do them themselves. A specific power of attorney is a designation to an agent to act on a specific instance, such as a real estate transaction. A durable power of attorney can either be general or specific and the only difference is that it endures through incapacity. Whereas a general power of attorney can only be acted upon by an agent as long as the principle signing the power of attorney can do the act themselves, under a durable power of attorney the agent can act even if the person is incompetent and can not act for themselves.

https://youtu.be/tgZZ0crSN38?si=9QPRL42Qcgtou2QO

What is a power of attorney? | Gulf Beaches Law, P.A. | Estate Plan...

08/21/2026

9 FAQs for Agents Under a Power of Attorney -

Takeaways
As an agent under a power of attorney, you are a fiduciary and must act in the principal’s best interest.
Your authority comes from the legal document — you can only do what the power of attorney allows, and state law also matters.
Good records and separate accounts are your best protection against misunderstandings and legal trouble.
A power of attorney typically ends at death, and agent authority is different from being an executor or trustee.
Being named someone’s agent (sometimes called an “attorney-in-fact”) under a power of attorney can feel like an honor — and a lot of pressure. A financial power of attorney lets you handle certain money and property matters for the person who signed it (the “principal”).

If you’ve just stepped into this role, it helps to understand (1) what you’re allowed to do, (2) what you must do, and (3) what you should avoid.

Click the Link Below for nine common questions people ask about being an agent under a power of attorney.

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/content-hub/f/11434/id/10613/is-content-hub/5430

Takeaways As an agent under a power of attorney, you are a fiduciary and must act in the principal’s best interest. Your authority comes from the legal document — you can only do what the power of attorney allows, and state law...

08/20/2026

Do You Pay Capital Gains Taxes on Property You Inherit?

Takeaways
* Inherited property generally receives a stepped-up tax basis to its fair market value on the original owner’s date of death, which can reduce or eliminate capital gains taxes if you sell soon afterward.

* If the property appreciates after you inherit it, you generally pay capital gains tax only on the increase in value after the date of inheritance.

* The personal residence exclusion may allow you to exclude up to $250,000 of capital gains, or $500,000 for a married couple, if you meet the ownership and use requirements.

* Gifting property during the original owner’s lifetime generally does not provide the same stepped-up basis as inheriting property.

* An appraisal is usually the best way to establish the property’s fair market value and tax basis when you inherit it.

* Because tax rules and individual circumstances vary, consult an estate planning or tax professional before selling, gifting, or disclaiming inherited property.

If you inherit a house, stocks, or other property, you generally do not owe federal income tax simply because you received it. Taxes may come into play later if you sell the property for more than its adjusted tax basis.

Fortunately, inherited property generally receives a “step-up” in basis. This means the tax value is usually adjusted to the property’s fair market value when the original owner dies. As a result, you may owe little or no capital gains tax if you sell the property soon after inheriting it.

Read the Full Article at the following link:

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/content-hub/f/11434/id/10878/is-content-hub/5430

Takeaways Inherited property generally receives a stepped-up tax basis to its fair market value on the original owner’s date of death, which can reduce or eliminate capital gains taxes if you sell soon afterward. If the property appreciates after you inherit it,...

08/19/2026

The Benefits and Risks of DIY Estate Administration -

Takeaways
~DIY probate is not for everyone: It may work for small, simple estates, but it still involves legal duties and deadlines.

~Executors have important duties: They must handle debts, taxes, paperwork, and property.

~Mistakes can be costly: Executors may be responsible for losses caused by errors.

~Some estates need legal help: An attorney may help with complicated estates, disputes, or tax issues.

~Planning can help avoid probate: Trusts and beneficiary designations may let some assets pass directly to loved ones.

When someone dies, their property, debts, and final affairs usually must be sorted out through a legal process before anything can be handed to heirs. That process is called probate. Many families choose to hire a probate attorney to guide them through it. Others decide to handle it themselves, often to save money.

Both paths have their costs and benefits. Before deciding between hiring an attorney or doing it yourself, it is helpful to understand the basics of the estate administration process, including probate.

Read the Full Article at the following link:

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/content-hub/f/11434/id/10879/is-content-hub/5430

Takeaways DIY probate is not for everyone: It may work for small, simple estates, but it still involves legal duties and deadlines. Executors have important duties: They must handle debts, taxes, paperwork, and property. Mistakes can be costly: Executors may be responsible for...

08/18/2026

How Does the Slayer Statute Relate to Nick Reiner Case -

Takeaways
~ A slayer statute can prevent someone accused of killing another person from inheriting or receiving other financial benefits from that person’s death.

~ A criminal conviction is not always required because a probate court may make its own determination.

~ The Reiner case raises questions about whether trust funds that vested before a death can still be blocked under a slayer statute.

~ These disputes can delay the distribution of an estate for years.

Most people never have a reason to think about what happens to an inheritance if the person who was supposed to receive it is accused of killing the person who left it to them. It sounds like the plot of a mystery novel. But it is a real area of law, and it is currently playing out in Los Angeles in the case of Nick Reiner, the son of filmmaker and director Rob Reiner and photographer Michele Singer Reiner, who were found dead in their Brentwood home in December 2025.

Nick Reiner has been charged with two counts of first-degree murder with special circumstances in his parents’ deaths. He has pleaded not guilty and the criminal case against him is still being investigated and litigated. Under the law, he is presumed innocent unless and until a court finds otherwise. Separate from the criminal case, though, a parallel legal fight is underway over his access to trust funds and it centers on a law known informally as a slayer statute.

Read the Full Article at the following link:

https://attorney.elderlawanswers.com/newsletter/actions/view-content/type/content-hub/f/11434/id/10904/is-content-hub/5430

Takeaways A slayer statute can prevent someone accused of killing another person from inheriting or receiving other financial benefits from that person’s death. A criminal conviction is not always required because a probate court may make its own determination. The Reiner case raises...

08/17/2026

Business Succession Planning Overlaps with Estate Planning -

No business can survive without someone to run and direct operations. Many small businesses function on only a handshake, or the reliance on someone’s word. What happens if the person at the helm becomes disabled or passes away and no succession plan has been put in place? When the leader has died or is no longer able to run the business, and no succession plan exists, the operations often cease to run or cease to run efficiently. The business may be inherited by the beneficiaries of the estate plan or legal heirs, or be absorbed by the shareholders. Often, where the business is distributed amongst the owner’s surviving children, disputes arise among those children. The children that have been involved in running the business may be the most qualified and best suited to run things, but the remaining siblings want to run things differently, or sell the business and divide the proceeds. Perhaps the children who have been the most involved simply feel some sense of entitlement to the company and wish to shut out the other children.

Once these problems have begun, it is often hard to remedy them. Solutions are available to avoid these problems from the outset. Succession plans can reassure shareholders and/or provide family members with a well-mapped out plan as to how the company is to be run, and how the company should proceed. Shareholder agreements can outline the business succession plan. Buy-sell agreements can help to avoid many of these problems as well. Gulf Beaches Law, P.A. can help identify some common pitfalls, explain the options to avoid these problems, and create a custom plan suited to your business’ and family’s needs.

Business Succession planning overlaps with estate planning in several ways. A family business often represents a great deal of the owner’s assets which need to be taken into consideration when constructing the estate plan. Also, some common problems can be avoided by the implementation of trusts which can help the business run smoothly during the disability or death of the owner or managing partner. Without documents in place, a disability or death can stop a business in its tracks and a lengthy probate administration may keep the business in a position where it cannot generate income during an indefinite period.

Gulf Beaches Law, P.A. is experienced in handling all of these matters, and help create a business succession plan to avoid these problems and help keep your business going into the next generation.