The Gould Cooksey Fennell Blog

SECURE Act: New Rules Regarding Your IRA
Significant changes were made to the post-death required minimum distribution rules under the SECURE Act, which was signed into law on December 20, 2019. Under the new law, the general rule is that all IRA funds must be distributed to the beneficiary of the IRA within 10 years. There are

GCF Attorney Dillon Roberts Earns Florida Bar Board Certification in Tax Law
Dillon Roberts, LL.M. recently achieved board certification as a specialist in Tax Law by the Florida Bar Board of Legal Specialization and Education.ย Board certification is the highest level of evaluation by The Florida Bar of the competency and experience of attorneys in their area of practice. Dillon is now

Eight GCF Attorneys Selected to 2019 Florida Super Lawyer List
Super Lawyers credible rating service has recognized highly professional and tested attorneys for over 25 years. Eight GCF Attorneys representing five distinct practice groups have been selected to the 2019 Florida Super Lawyers and Rising Star lists. David Carter, Troy Hafner, Chris Marine, Jason Odom, Eugene OโNeill and Sandra Rennick

Proposed Regulations Dismiss Clawback Concern As To Large Gifts Made From 2018 Through 2025
In recent years, our federal transfer tax laws have provided us with very significant jumps in the exemption levels for gift tax and estate tax purposes, but coupled with an expiration date โ a so called โsunsetโ โ that prompts a reversion back to much lower exemption amounts. These โuse

Two GCF Attorneys recognized by U.S. News’ Best Lawyers in America
We are proud to announce that two of our firms’ attorneys have been selected by their peers for inclusion in the 25th edition of the prestigious publication, the Best Lawyers in Americaยฉ 2019. David Carter was recognized for his work on behalf ofย plaintiffs in the area of Personalย Injury Litigation

Nine GCF Attorneys named to the 2018 Florida Super Lawyers List
Nine GCF Attorneys representing five distinct practice groups have been selected to the 2018 Florida Super Lawyers and Rising Star lists. David Carter, Troy Hafner, Chris Marine, Jason Odom, Eugene OโNeill and Sandra Rennick have all been selected to the Super Lawyers list and Anthony Guettler, Sean Mickley and Dillon

A Comparative Study Of The โJoint Spousal LLCโ
By Anthony P. Guettler, Esq., Gould Cooksey Fennell, Vero Beach, Florida Limited liability companies (โLLCsโ) are regularly used by senior family members to carry out their estate planning goals. An LLC can be used as a vehicle to manage the familyโs wealth, protect assets, and transfer economic ownership to younger

Florida Appeals Court Upholds Verdict for Vero Beach Family Against Big Tobacco
On Wednesday, February 14th, ย a Florida Appeals Court upheld a verdict issued in 2015 by a jury in Indian River County that awarded Gould Cooksey Fennell client Robert Gore $2,000,000 in damages for the premature death of his beloved wife.ย Gloria, Mr. Goreโs wife, was one of millions of American

Employer-owned Life Insurance: Notice and Reporting to Avoid Tax
Many employers maintain life insurance policies on key employees. In addition to the obvious emotional toll the loss of a team member may have on the employer, a key employeeโs sudden and permanent absence can also cause the employer immediate financial hardship. Life insurance on key employees allows the employer

The New Wealth Transfer Tax Laws and Their Impacts On Existing Estate Plans
NEW ESTATE, GIFT AND GST TAX LAWS On January 1, 2018, the current federal estate tax, gift tax, and generation skipping transfer (GST) tax exemption levels were increased dramatically to $11,180,000 per person ($22,360,000 combined for a married couple). These amounts will increase yearly, as they are indexed for inflation.ย

Florida Supreme Court Resuscitates Right to Privacy in Litigation
In the social media age, it may seem as though nothing is private. A perfect stranger can readily access our personal information through simple internet searches, and massive data breaches are becoming commonplace.ย This pervasive โopenness creepโ has been apparent in Florida case law over the years.ย Courts have permitted litigants to

New Tax Laws Affecting Entities Taxed as Partnerships
Effective January 1, 2018, the IRS will implement new audit procedures applicable to entities (including LLCs) taxed as partnerships. Application of the New Partnership Rules Under current audit procedures, the IRS is required to provide certain notices to each partner even though a tax matters partner may have been appointed

Combatting the Trend of Low Pre-Suit Offers in Personal Injury Cases by Showing Willingness and Resources to Go to Trial
Many attorneys who represent Plaintiffs in personal injury and wrongful death cases are seeing a trend of lower pre-suit offers by the insurance companies controlling the settlement purse strings.ย The trend seems to be extending through the discovery stage and mediation, with reasonable offers coming only at the 11th hour,

Seven GCF Attorneys Named to Florida’s Super Lawyer List
Seven GCF Attorneys representing five distinct practice groups have beenย selected to the 2017 Florida Super Lawyers and Rising Star lists. David Carter (Personal Injury), Sandra Rennick (Real Estate), Jason Odom (Employment Litigation), Eugene OโNeill (Construction Litigation)ย and Troy Hafner (Estate Planning & Probate) have all been selected to the Super Lawyers

New Treasury Regulations to Eliminate Tax Valuation Discounts on Family Owned Entities
On August 2, 2016, the Treasury Department issued proposed regulations that would significantly reduce the tax planning benefits involving family limited partnerships and similar structures which are effective tools for certain wealthy families. Under a typical scenario, one or both parents might transfer various assets worth several million dollars into

GCF Attorneys named to 2016 Florida Super Lawyer List
Four attorneys from the firm have been selected to the 2016 Florida Super Lawyers and Rising Star lists.ย Troy Hafner, David Carterย and Gene O’Neill are selected to the Super Lawyers list and Anthony Guettler wasย selected as a Rising Star. ย Each year, no more than five percent of the lawyers in

CONDO ASSOCIATIONS BEWARE: Condominium Foreclosure Pleadings Must Specify Future Assessments To Trigger Entitlement
Condominium Foreclosure & Entitlement Assessments In Losner v. The Australian of Palm Beach Condominium Association, Inc., the Fourth District Court of Appeal recently held that a condominium association may not foreclose and collect on special assessments in addition to the quarterly assessments when the special assessments are not contained within

Release of Lien in Florida – Two Witnesses Required On Lien Releases
HB 7037 took effect on July 1, 2014.ย It amended Florida Statute ยงยง718.116 by adding a statutory form release of lien. Note that the general rule in Florida is that an instrument creating a lien on real property does NOT require two witnesses, nor does a release of that lien.