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Tagged: Florida probate attorney

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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PRECATORY LANGUAGE: THE DANGER OF UNLIMITED DISCRETION

August 11, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Trusts, Wills assets, beneficiary, disputes between heirs, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida estate planning lawyer, Florida homestead, Florida probate attorney, Florida trust lawyer, Florida will lawyer, gift, homestead property, inherit, inheritance, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville probate attorney, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Last Will, personal representative, precatory language, probate attorney in Jacksonville, probate estate, probate lawyer, probate lawyer in Jacksonville, revocable living trust, will challenge, will contest

Wording in a will or trust which allows a named person to decide where your property and money should go after your death (instead of you making that decision ahead of time) is called “precatory” language.  An example is the recent Florida case of Cody v. Cody, where Earler Martin’s will left his home, and the rest of his estate, to one of his three stepsons, “to divide between [himself and his brothers], as he sees fit and proper.”  Earler’s wish was probably that the inheriting stepson, Buford, divide up the home and other property equally between himself and his brothers.  However, the words he chose to express that desire defeated that intent.

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Estate Administration: Another Do-It-Yourself Minefield

August 16, 2013Jeffrey A. Cramer Estate Planning, Probate, Trusts, Wills avoid probate, Estate Planning, Estate Planning Attorney, estate planning lawyer, executor, executrix, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, Florida probate attorney, Florida trust lawyer, Florida will lawyer, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville probate attorney, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Keywords: estate planning, Keywords: probate, Last Will, living trust, Probate, probate attorney in Jacksonville, probate estate, probate lawyer, probate lawyer in Jacksonville, testate, trustee, Wills

Hopefully our faithful readers all know by now that there are many hazards to do-it-yourself estate plans.  What you may not know is that trying to administer your loved one’s estate without legal help is just as treacherous.  It is a great honor to be named as a loved one’s personal representative (executor) or trustee, but these roles come with great responsibility and many legal duties.

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ANOTHER ESTATE PLANNING HORROR STORY FROM THE REAL WORLD – SECOND MARRIAGE MISTAKE

April 1, 2013April 4, 2013Jeffrey A. Cramer Estate Planning, Trusts, Wills children, divorce, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida probate attorney, Florida trust lawyer, Florida will lawyer, inheritance, Jacksonville Estate Planning, Jacksonville probate attorney, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Keywords: estate planning, second marriage; divorce, validity of will, Wills

We recently had a client inquire about challenging his stepmother’s will.  Our first thought, and perhaps yours, was that the desire to challenge came from a history of animosity between the client and his stepparent, something we see all too frequently.  However, in this case, the client was actually fond of his stepmother – that is, until she died with a will that left all of his father’s assets, including the family home, to her children.

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NEW ESTATE TAX LAW – TIME TO EXHALE?

January 11, 2013Jeffrey A. Cramer Estate Planning, Estate Tax Law, Trusts, Wills $5 million dollar gift tax exemption, estate, Estate Planning, Estate Planning Attorney, estate planning lawyer, estate tax, Florida estate planning, Florida probate attorney, Florida trust lawyer, Florida will lawyer, generation skipping transfer tax, gift tax, gift tax planning, Income Tax, Jacksonville Estate Planning, Jacksonville probate attorney, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Keywords: probate, New Florida resident, Probate

So, it appears that we did not go off the first “Fiscal Cliff” and some momentary “permanence” has been given to the Estate Tax Law. In the just passed “American Taxpayer Relief of 2012,”  Congress kept in place the 2010 estate tax law with its Five Million Dollar ($5,000,000.00) personal exemption, adjusted annually for inflation.  The only thing the lawmakers actually changed is the gift and estate tax rate, which has gone up to a top rate of forty percent (40%) from a previous maximum of thirty-five percent (35%).  The exemption amount in 2012 was 5.12 million dollars, per person.  The 2013 exemption amount is reported to be 5.22 million dollars per person.  This amount of money either can be given away during lifetime or after death; it also can be given or devised to grandchildren without occurring any additional generation skipping tax.

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JACKSONVILLE, FLORIDA PROBATE ATTORNEY’S HORROR STORIES FROM THE REAL WORLD Story #3

December 28, 2010December 29, 2010Jeffrey A. Cramer Estate Planning, Probate, Trusts, Uncategorized, Wills children, death, died, disputes between heirs, Estate Planning, Florida probate attorney, homestead, intestate, intestate succession, Jacksonville probate attorney, Probate, probate attorney, siblings, trust, will

  As a Jacksonville, Florida Probate Lawyer, I have been involved in a probate dispute among six siblings.  This probate litigation is located in Duval County, Florida.  A mother died and left her estate to be divided among her six children. The tangible personal property was to be divided equally among the six children.  However, the mother specifically stated that one of the children could continue to live in her home, but that the living arrangements would be subject to an agreement among all of her children.  This has made for quite a probate dispute.  

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