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Category: Newsletter

Sneaky Neighbor Gets Caught!

January 8, 2016January 7, 2016Jeffrey A. Cramer Elder Abuse, Estate Planning, Newsletter, Scams on the Elderly, Wills death, Estate Planning, Florida Estate Plannning, Jacksonville Estate Planning, Last Will, payable on death, payable on death form, Wills
Neighbor Gets Payable On Death

In a case from our own backyard, Keul vs Hodges Boulevard Presbyterian Church, Mrs. Lampp and her late husband executed wills in 2009, several months before he died. Their estate plan provided that after Mrs. Lampp’s death, the entire estate would go to Hodges Boulevard Presbyterian Church. When she died, Mrs. Lampp had $333,000 in Navy Federal Credit Union accounts that she had jointly owned with her husband before he died. Her "friendly" neighbor provided a "payable on death" form from the credit union that gave her (the neighbor!) 75% of the credit union accounts, 10% each to her son and daughter and the remaining 5% to her former daughter-in-law. Nothing was left to the church.

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New Changes to Florida’s Health Care Surrogate Law

December 11, 2015December 10, 2015Jeffrey A. Cramer Estate Planning, Newsletter children, declaration of health care surrogate, designation of healthcare surrogate, Estate Planning, Florida estate planning, Florida law, health care surrogate, minors
Health Care Surrogate

Effective October 1, 2015, Chapter 765 of the Florida Statutes entitled “Health Care Advance Directives” has been amended in two profound ways.

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Own Property Outside of Florida? Beware!

September 18, 2015Jeffrey A. Cramer Estate Planning, Newsletter, Probate, Trusts Estate Planning, Probate, probate estate, property, property ownership, revocable living trust, trustee
Probate Estate Property

Do you own property in Georgia? North Carolina? Anywhere but Florida? Beware of the extra probate expense of owning real property in multiple states.

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Good News for Feuding Families: New Ammunition to Beat the “Bully”

September 4, 2015September 9, 2015Jeffrey A. Cramer Estate Planning, Newsletter, Probate contested probate, litigation, Probate
Probate Litigation Bullying

If you’ve listened to me long enough, you’ve heard Cramer’s theory of what happens in contested probate proceedings: “The bully always wins.” Well, now that might change. Recent amendments to both the Florida Probate Code and Trust Code, which apply to all proceedings filed on or after July 1, 2015, provide ammunition for family members to fight back against the bully.

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Oh No She Didn’t! The Lengths Some Will Go to in Order to Inherit an Estate

August 20, 2015August 24, 2015Jeffrey A. Cramer Estate Planning, Newsletter children, Estate Planning, Florida Estate Plannning, Florida law, inherit, inheritance
Jail Cell Estate Inheritance Case

A Lifetime Television-style drama is currently playing out in Florida Court.

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The “Responsible Estate Tax Act”

August 7, 2015Jeffrey A. Cramer Estate Planning, Estate Tax Law, Newsletter congress, Estate Planning, estate tax
Estate Tax Act

Senator Bernie Sanders, a presidential candidate, recently proposed a bill in Congress that he titled “The Responsible Estate Tax Act.” The Act proposes to raise the estate tax and broaden its coverage. The proposal immediately was endorsed by well-known economists such as Robert Reich and Thomas Piketty. Surprisingly, for an unabashed progressive like Senator Sanders, the Act proposes only a modest increase in the estate tax. Here is what the bill would do:

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Failure to Plan for Divorce Can Destroy an Estate

July 24, 2015July 23, 2015Jeffrey A. Cramer Estate Planning, Newsletter, Trusts, Wills divorce, Estate Planning, marriage, trust, will
Divorce Estate Planning

Most complications that arise in estate administration are the result of unanticipated events. Divorce is one of the least planned for events in any estate plan; it can also cause some of the most devastating complications. The recent case of Carroll v. Israelson illustrates this point.

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Estate Administration Confusion: Who Does the Estate’s Lawyer Represent?

July 10, 2015July 9, 2015Jeffrey A. Cramer Estate Planning, Newsletter, Wills beneficiary, estate, estate administration, estate lawyer, Estate Planning, Wills
Estate Administration Lawyer

In order for a will to be probated after someone’s death, a Personal Representative must be appointed by the court. In order for a trust to be administered, a Trustee must be appointed pursuant to the terms of the trust. The PR or Trustee then distributes the estate among the intended beneficiaries through a process known as estate administration. Typically, the PR or Trustee will hire a lawyer to assist with the estate administration. During the estate administration, this “estate” lawyer will need to be in contact with the beneficiaries. It is not uncommon for the beneficiaries to believe that the estate lawyer represents them and their interest in receiving their share of the estate.

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Estate Planning Goes to the Movies: You’re Not You

June 26, 2015Jeffrey A. Cramer Estate Planning, Movies Relating to Estate Planning, Newsletter advance healthcare directives, death, Estate Planning
Advance Healthcare Directives

2014’s You’re Not You stars Hilary Swank as a 35-year-old classical pianist who is stricken with ALS (Amyotrophic Lateral Sclerosis, aka Lou Gehrig’s disease). This multiple-hanky-needed drama is naturally sad, although fairly realistic and extremely well-acted. ALS is a disease that travels in only one direction: downhill. There is no cure, not even much palliative care that can be offered. So, yes, in one respect, the movie is about watching Hilary Swank’s character die.

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When a Revocable Living Trust Collides With Guardianship Court

June 12, 2015June 11, 2015Jeffrey A. Cramer Estate Planning, Guardianship, Newsletter, Trusts Designation of Preneed Guardian, guardian, Guardianship, revocable living trust, trustee, Trusts
Guardianship Court

Revocable Living Trusts are planned with the intention of keeping the family out of court. If this intent fails, courts have alarming powers to interfere with your plan. The recent case of Rene v. Sykes-Kennedy illustrates this point.

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