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Tagged: Florida Estate Plannning

Big Changes

June 16, 2018Jeffrey A. Cramer Clients, Estate Planning, Guardianship, Probate, Trusts, Wills Big Changes, Estate Planning, Florida Estate Plannning, Guardianship, Jacksonville Estate Planning, Location, Moving, Probate, Wills
petros

Change is underway at Cramer Law Center. First, we are moving in 2 weeks to new offices at 4655 Salisbury Road, Suite 100A. (The move will take place the week of June 25). If you enter from Salisbury, we will be in the third of 3 buildings in the “Quadrant at Southpoint” office complex. You also can enter from Belfort Road. If you turn in at the entrance to the Borland-Groover Clinic and keep going past the clinic, we will be the first of the Quadrant buildings. I believe the official designation is “Quadrant II.” This location near I-95 and JTB is more centrally located than our present offices. Although traffic during rush hour is bad everywhere in Jacksonville, at least there is more than one way in and out of the new offices—as contrasted to our present location. We will have a map up on our website as soon as we relocate.

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Paternity Claims in Probate

September 27, 2016Jeffrey A. Cramer Areas of Practice, Estate Planning, General Law, Probate Estate Planning, Florida Estate Plannning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville probate attorney, paternity, paternity probate, Probate, probate attorney, probate lawyer
Paternity Determination

If a man dies in Florida without having his own will or trust prepared, he is considered to have died intestate. In other words, his estate will be distributed according to the “will” the state wrote for him. Under the state’s will, any children he had while legally married are automatically considered to be his legal heirs. But what if he fathered a child out of wedlock? Children born out of wedlock must file a paternity action to have themselves legally declared a “child” of the decedent, if they want to share in the estate. What if they wait until after the alleged father’s death to make a claim? Well, if they are adults now, it likely is too late.

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The Long Arm of Florida’s Code

September 13, 2016Jeffrey A. Cramer Areas of Practice, Estate Planning, Living Will, Trusts, Wills Beneficiaries, Beneficiaries of Trusts, Estate Planning, Estate Planning Attorney, Florida Estate Plannning, inheritance, Jacksonville Estate Planning, revocable living trust, trust, trustee, Trusts
united-states

In 2013 the Florida Legislature enacted Fl. Stat. 736.202 to clarify when Florida courts have jurisdiction to hear disputes involving trusts. Lawyers refer to this type of statute as establishing “long arm” jurisdiction. The reason will become apparent.

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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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Florida Increases Protections in Guardianship

October 16, 2015October 19, 2015Jeffrey A. Cramer Estate Planning, Guardianship Estate Planning, Florida Estate Plannning, Florida Guardianship, Guardianship, ward
Legal Changes

Guardianship is a legal concept where, if a court determines that a person (called the “ward”) is not capable of handling his or her own affairs due to age or incapacity, the court appoints a “guardian” to handle these affairs for the ward. We've previously addressed some predatory practices that have put individuals at risk (see here). Recently, new laws have taken effect in Florida to help provide increased protections for wards (see here).

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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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Marrying with Assets:

Keeping Your Estate Plan Intact [Part I]

January 27, 2015January 27, 2015Jeffrey A. Cramer Estate Planning, Newsletter, Probate, Trusts, Wills Estate Planning Attorney, estate planning lawyer, Florida, Florida estate planning, Florida Estate Plannning, Jacksonville Estate Planning, Jacksonville trust lawyer, Jacksonville will, trust, Trusts, will, Wills

This newsletter begins a series discussing the impact of marriage on the legal rights of spouses to share in each other’s assets.  We begin by talking about the “elective share” and the “pretermitted spouse.”

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ADOPTION SERIES – PART 3: HOW DOES AN ADOPTED PERSON INHERIT?

August 22, 2014September 1, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Trusts, Wills Adoption, adult adoption, beneficiary, child, children, children beneficiaries, default will, disputes between heirs, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, Florida trust lawyer, Florida will lawyer, inherit, inheritance, intestacy, intestate, intestate estate, intestate succession, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, kids, Last Will, probate estate, revocable living trust, siblings

We recently have written about how adopting an adult can allow an unrelated person to share in an inheritance (unless it is done with improper motives).  But how, and from whom, do adopted persons (whether they are adults or children) inherit under Florida law?

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UTMA AND UGMA ACCOUNTS: SMART SAVINGS PLAN OR TRAP FOR THE UNWARY?

July 29, 2014July 29, 2014Jeffrey A. Cramer Estate Planning, Guardianship, Newsletter, Trusts estate, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, guardian, guardian for minor child, Guardianship, Guardianship Attorney, Jacksonville, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville Guardianship, Jacksonville trust lawyer, Keywords: estate planning, kids, minors, Newsletter, trust, trustee, Trusts

When working with clients who have minor children, we spend a lot of time discussing the kids: their individual personalities, the values the clients are trying to instill, and concerns for their future. We do our best to craft an estate plan that will secure the children’s financial future. This usually involves planning both from a financial perspective (making sure there is enough money for future expenses, especially if something happened to the clients), with the help of the clients’ financial advisors, and from a legal standpoint (ensuring the children will have access to any money when and how the clients judge best).

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(ADULT) ADOPTION SERIES – PART 1

May 30, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Trusts, Wills Adoption, beneficiary, Estate Planning, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Trusts, will

When people think about adoption, images of a young child in need often come to mind. Yet, Florida law contemplates a broader vision. Under Florida Statute § 63.042(1) “[a]ny person, a minor or an adult, may be adopted.” The recent Florida case Dennis v. Kline demonstrates the complications that may arise when an estate plan allows adopted children to become beneficiaries, but fails to address whether “adopted children” includes adopted adults.

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