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Category: Newsletter

Having “The Talk”…About Dementia

June 17, 2016Jeffrey A. Cramer Estate Planning, Newsletter Alzheimer’s disease, dementia, end of life care, Estate Planning
Dementia

Just as it's not easy for parents to bring up the birds and the bees with their kids, it's anything but easy to begin a conversation with a loved one about how they want to live at the end of their lives. But it's vitally important to have “the talk” as soon as possible if your loved one has Alzheimer’s disease or another form of dementia.

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Estate Planning Lessons From Prince

June 2, 2016Jeffrey A. Cramer Estate Planning, Newsletter celebrity, death, Estate Planning, estate tax, family, taxes
Celebrity Estate Planning

Celebrity deaths have a way of occupying the attention of the media. In addition, of course, to his immense talents, Prince’s recent death is noteworthy for his failure to do any estate planning. What lessons can us non-celebrities learn from his choice?

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Probate Judges Can’t Always Be Superheros

May 13, 2016Jeffrey A. Cramer Estate Planning, Newsletter, Probate contested probate, court, Estate Planning, judges, Probate, probate estate, probate judge

Let's face it: Probate can be stressful, contentious, lengthy, and tiresome. It's rarely a positive experience for a family to sort out a recently deceased loved one’s estate. If you've been through the process, you may have wished for a superhero to swoop in and save the day, solving the complicated problems in a flash.

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Florida’s Avalanche of Probate Cases

April 25, 2016Jeffrey A. Cramer Estate Planning, Newsletter, Probate avoid probate, Estate Planning, Florida probate attorney, Probate, revocable living trust
Probate Case

The State of Florida recently released its annual statistical report on probate caseloads for the past year. The report goes a long way in explaining just why it's so often a painfully slow process to resolve a probate case.

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Digital Assets Part III: Victory!

April 13, 2016April 13, 2016Jeffrey A. Cramer Estate Planning, Newsletter digital assets, estate, Facebook, fiduciaries, guardian, personal representative, power of attorney, trust, trustee, will
Digital Assets

In previous posts, we addressed digital assets and how difficult it might be for fiduciaries (personal representatives or trustees) of an estate to access the digital assets of a deceased loved one, specifically their Facebook account and assets such as email accounts. Although we had hopes that the Florida legislature would pass a bill on the subject early last year (Senate Bill 102), it unfortunately died on May 1. The Legislature, however, was determined to pass a bill on the subject, and we can now say that it has!

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But, They Lied?! Why You Should Always Get It In Writing

March 28, 2016Jeffrey A. Cramer Estate Planning, Newsletter estate disputes, life insurance, settlment
Lie During Estate Dispute

Here's the scenario: You're negotiating the settlement of an estate dispute with someone. They lie to you, and you then rely upon the lie to reach an agreement. Think you could sue when you found out about that lie, right? Not necessarily.

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The Case of the Unknown Artist

March 11, 2016March 15, 2016Jeffrey A. Cramer Estate Planning, Newsletter, Trusts Estate Planning, fees, trust, trustee, Trusts
Trustee Fees Art Case

It turns out that a billionaire artist you've likely never heard of has considerable influence over the administration of your estate. His name is Robert Rauschenberg. And while he's nowhere near as well known as Warhol or van Gogh, he has their level of influence. How? Trustee fees, that’s how.

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Dealing With Substance Addictions Part 2: More About the Marchman Act

February 19, 2016Jeffrey A. Cramer Newsletter family, Florida law, marchman act, petition for involuntary assessment, substance abuse, substance addiction
Substance Abuse: Marchman Act

Our last blog covered how to obtain law enforcement help under the Marchman Act for a family member suffering through substance abuse. This week, we’ll explain how you can also petition the courts for assistance under the Marchman Act. We’ll use the example of Sally, a concerned loved one, and Harry, a person suffering from alcohol abuse, to illustrate this situation.

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Dealing With Substance Addictions Part 1: Get to Know the Marchman Act

February 5, 2016February 8, 2016Jeffrey A. Cramer Newsletter baker act, family, Florida law, law enforcement, marchman act, substance abuse, substance addiction
Substance Abuse: Marchman Act

Many of us have a family member who has a substance addiction. If your loved one will  not seek treatment on their own, but you have serious concerns about their health and well-being, you could consider taking action under the Marchman Act. The act, Fla. Stat. Chapter 397, provides a statutory means of compelling an addicted person first to be evaluated for substance abuse treatment and then to potentially receive short-term substance abuse treatment. It is important to note that the Marchman Act governs only persons who are suffering from substance addiction. Other Florida laws, including the Baker Act, cover individuals who may need involuntary evaluation and treatment for mental health reasons other than substance abuse.

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Renunciation Rule: You Can’t Have Your Cake and Eat It Too

January 22, 2016Jeffrey A. Cramer Estate Planning, Newsletter, Trusts beneficiary, Estate Planning, Jacksonville trust lawyer, renunciation rule, trust, trustee, Trusts
Renunciation Rule: Can't Have Your Cake and Eat It Too

You may not be familiar with the Renunciation Rule. It often comes up in litigation over trusts, and it is a rule that all beneficiaries and trustees should be familiar with. Renunciation in this context requires that a person renounce (or refuse to take) any interest in a trust and give back any contested assets he has already received if he wants to argue that the trust is invalid. The old saying “you can’t have your cake and eat it too” applies here. You can’t argue that the trust should not be followed and still benefit from it by receiving assets.

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