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Tagged: Florida trust lawyer

Assault on the Homestead Citadel

August 8, 2017Jeffrey A. Cramer Estate Planning, Probate, Trusts, Wills Elective Estate, Elective Share, Estate Planning Attorney, Florida homestead, Florida trust lawyer, homestead, Jacksonville estate planning lawyer, Trusts, Wills
Homestead

Effective July 1, 2017, the Florida Legislature has amended Florida Statute 732.2035 dealing with property entering into the “elective estate.” The Legislature has added into the list of assets that make up the elective estate for the first time, the decedent’s interest in property which constitutes the protected homestead of the decedent. The law establishing an elective estate or “elective share,” as it is known, is designed to protect surviving spouses from being completely disinherited. The law provides that a surviving spouse must receive at least 30% of the decedent’s “elective estate,” no matter what the decedent’s Will, Trust, or other type of estate plan might say. This statute then goes on to list all of the various types of properties and assets that are included in the calculation of the “elective estate.” Previously, the homestead was not included.

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Adoption Series Part Six: When does a trust beneficiary have legal standing to challenge an adoption?

April 25, 2017Jeffrey A. Cramer Estate Planning, General Law, Probate, Trusts, Wills Adoption, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida trust lawyer, inheritance, Last Will, trust, trustee

For some reason, Florida has had more than its fair share of interesting adoption questions. Remember the man that tried to adopt his girlfriend!  (Adoption Series Part 2, June 13, 2014.  Other prior blogs on adoption include:  How does an adopted person inherit? (Adult Adoption Series Part 1, May 30, 2014), Part 3(August 22, 2014), “Virtual” Adoption-No Court Required! (Adoption Series Part 4, September 8, 2014), Can Adoptee Challenge the Legality of Her Own Adoption in Order to Inherit from Her Biological Parent? (Adoption Series Part 5, May 15, 2015).

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Whose Property is it Anyway?

January 10, 2017Jeffrey A. Cramer Areas of Practice, Estate Planning, General Law, Probate, Trusts, Wills Estate Planning, Estate Planning Attorney, Florida trust lawyer, Florida will lawyer, inheritance, Jacksonville Estate Planning, Jacksonville probate attorney, Jeweler, Jewelry, Jointly Owned Property, Probate, probate attorney, Rolex Watches
rolex

Here is a new twist to follow our recent series titled “Possession is Nine-Tenths of the Law, Part 1”, “Possession is Nine-Tenths of the Law, Part 2”, and “Possession is Nine-Tenths of the Law, Part 3”. A case illustrating the difficulties in determining jointly owned versus individually property is the Connell case. In that case, the decedent was an elderly retired jeweler who liked expensive jewelry. While shopping with his wife, (a woman he married only eleven (11) months prior to his death), Mr. Connell bought a $60,000.00 men’s Rolex watch and a $20,000.00 men’s diamond ring. On both occasions he used funds from a checking account titled jointly with his wife; his wife knew of these purchases and did not object. Mr. Connell wore the watch and ring every day. Shortly before his death, he was hospitalized and gave the watch and ring to his wife for safekeeping. She put them in her purse. After Connell’s death, his son/personal representative asked the wife to return the watch and ring. She refused and the lawsuit ensued.

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TRUST PROTECTORS: A COURT-APPROVED TOOL FOR AVOIDING COURT

January 9, 2015January 9, 2015Jeffrey A. Cramer Estate Planning, Newsletter, Trusts Estate Planning, Florida law, Florida trust lawyer, revocable living trust, trust protectors, Trusts
Avoiding Court With Trust Protectors

One of the advantages of a comprehensive estate plan is that it can allow you to keep your affairs private and within your control, even after disability or death. Clients often come to us for living trusts due to their desire to keep their loved ones out of court during these already-stressful times. Fortunately, a Florida court recently confirmed that this goal may be achieved by using one of our favorite planning tools: trust protectors.

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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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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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SENIOR DRIVING: FINDING A BALANCE BETWEEN INDEPENDENCE AND SAFETY

July 11, 2014Jeffrey A. Cramer Elder law, Newsletter aging, assisted living, dementia, disability, disability planning, Elder Law, elder law attorney, elder law lawyer, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida, Florida estate planning, Florida estate planning lawyer, Florida trust lawyer, Florida will lawyer, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville trust, Jacksonville trust lawyer, maintaining control, senior driving

The number of seniors (Americans aged 65 or older) who drive is on the rise.  In fact, from 1999 to 2009, statistics show a 20% increase in senior drivers.  The AAA Foundation for Traffic Safety predicts that this trend will continue; seniors will make up 25% of the drivers on the road by 2025 and there will be at least 60 million senior drivers by 2030.

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(ADULT) ADOPTION SERIES – PART 2: MAN TRIES TO ADOPT HIS GIRLFRIEND!

June 13, 2014August 22, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Trusts Adoption, adult adoption, asset protection, beneficiary, children beneficiaries, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida, Florida estate planning, Florida estate planning lawyer, Florida trust lawyer, Florida will lawyer, 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, kids, litigation, minors

In the first part of this series, we discussed how failing to address the issue of adult adoption in your estate plan can cause unnecessary litigation after your death, even when there is nothing sinister about the adoption.  In this article, we will discuss what happened to a man who attempted to use adult adoption to preserve his lavish lifestyle at the expense of his biological children.

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THE OTHER PERSONAL REPRESENTATIVE:GRANTING ACCESS TO YOUR HEALTH INFORMATION

May 2, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Trusts, Wills Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida trust lawyer, HIPPA, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Jacksonville will lawyer; Jacksonville trust lawyer, Keywords: estate planning, Last Will, living trust, personal representative, trust challenge, Trusts

You may know that one of the necessary steps in estate planning is to name a “personal representative” (Florida’s term for “executor”) to settle your affairs after you pass away.  But did you know that you should also name your trusted family members and other helpers as your “personal representatives” under the Health Insurance Portability and Accountability Act of 1996 (HIPAA)?

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HOW TO TALK TO YOUR LOVED ONES ABOUT ESTATE PLANNING

January 24, 2014January 30, 2014Jeffrey A. Cramer Estate Planning, Trusts, Wills beneficiary, estate, 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, Inheritence, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Last Will, living trust, revocable living trust

We have heard many excuses to avoid discussing wills, trusts, and everything else relating to estate planning.  The most common stem from concerns that it is too personal or sensitive a subject.  Some even believe that talking about their potential demise will cause it to happen.  However, having a conversation about estate planning with your loved ones is an opportunity for you to explain your wishes, discourage future discord through transparency, and open the door to better planning through better understanding.  Here are some tips on where to begin:

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