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

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.

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

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

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

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

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

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

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

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.

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

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.

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

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.