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Tagged: Florida

Can I disinherit my spouse in Florida?

January 14, 2019January 15, 2019Clayton Miller Estate Planning Disinherit, Florida, spouse
Disinherit Spouse

The short answer is no.  A surviving spouse is entitled to a portion of a deceased spouse’s estate even if the deceased has a valid will or trust leaving nothing to the spouse (Florida Statute 732.201).  A surviving spouse is entitled to what is known as an “elective share” of the deceased’s estate.  A surviving spouse may choose to inherit the “elective share” of the estate.  The “elective share” is equal to 30% of the “elective estate.” 

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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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FRAUD ALERT: LATEST SCAMS TARGETING SENIORS

December 5, 2014December 5, 2014Jeffrey A. Cramer Elder Abuse, Elder law, Scams on the Elderly elder abuse, Elder Law, elder law attorney, elder law lawyer, Florida
Telephone Scams Targeting Seniors

Unfortunately, older Americans as a group are prime victims for con artists due to their stable financial situation, trusting nature, and declining cognitive and/or sensory abilities. Although we have written about scams targeting seniors in a previous blog, this type of fraud is increasing, especially this time of year, so we wanted to address it again.

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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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FAILURE TO UPDATE YOUR ESTATE PLAN: THE UNEXPECTED BLESSING

May 16, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Probate, Trusts, Wills Adoption, beneficiary, child, children, children beneficiaries, estate, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, Jacksonville, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville probate attorney, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Jacksonville will lawyer; Jacksonville trust lawyer, Keywords: estate planning, Keywords: probate, kids, New Florida resident, Newsletter, Probate, probate attorney in Jacksonville, probate estate, probate lawyer, probate lawyer in Jacksonville, Trusts

Sometimes blessings occur when we least expect them, but a lack of planning for such blessings can have unpleasant results. In the recent case of Maher v. Iglikova, a Florida court dealt with the ramifications of an unexpected blessing: the discovery of a previously unknown child.

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RELATIONSHIP SERIES – PART 3

April 18, 2014Jeffrey A. Cramer Estate Planning, Guardianship, Newsletter, Trusts, Wills Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, guardian, guardian advocacy, guardian advocate, guardian for minor child, Guardianship, Guardianship Attorney, health care power of attorney, health care surrogate, Jacksonville (plus any combo of attorney/lawyer/will/trust etc.), Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville Guardianship, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Jacksonville will lawyer; Jacksonville trust lawyer, Keywords: estate planning, minors, prenuptial, prenuptial agreement, Professional Guardian, revocable living trust, second marriage; divorce, siblings, special needs, special needs planning, Special Needs Trust, special needs trusts, temporary guardian, Trusts, Wills

Our Relationships Series previously has covered the unique estate planning challenges faced by blended families and by same-sex and other unmarried couples.  Today we will address another group that is in dire need of proper planning: families with children under the age of 18.

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WHO CAN BE THE PERSONAL REPRESENTATIVE OF A FLORIDA PROBATE ESTATE?

January 5, 2011Jeffrey A. Cramer Uncategorized estate, executor, executrix, Florida, intestate, Keywords: probate, personal representative, probate attorney, probate attorney in Jacksonville, probate lawyer, probate lawyer in Jacksonville, testate

           As a Jacksonville, Florida Probate Lawyer, I often am asked who can be appointed personal representative in a Florida probate estate.  In Florida, the term “personal representative” is used, rather than the term “executor” or “executrix” as the title of the person who is under a duty to settle and distribute the estate of a decedent in accordance with the terms of the decedent’s Will and the Florida Probate Code. 

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MOVING TO FLORIDA? Reasons Why New Florida Residents Should Have Their Wills Reviewed

July 8, 2010Jeffrey A. Cramer Estate Planning, Newsletter, Wills children, Estate Planning, Estate Planning Attorney, executed by non-resident of Florida, Florida, guardian, moving to Florida, New Florida resident, Newsletter, out of state, validity of will, will, Wills

          We often talk to people who have moved to Florida and have "heard" that their Will, which was drafted and signed in another state, is no longer valid.  The myth that an out of state Will is automatically invalid once you move to Florida simply is not true.  A Will signed by a non-resident of Florida is valid in Florida if: (1) it complies with the Florida statutory formalities for executing a Will or (2) the Will is valid under the laws of the state where the Will was signed:  UNLESS the out of state Will was either verbal or hand written. A verbal Will (like "deathbed" wishes) is not valid in Florida.  In Florida a Will must be in writing to be valid.  A Will in the person's own handwriting is not valid unless it meets the formal document signing requirements of either Florida or the state in which it was signed.  (If you fully understand this, you may pass "go" and collect your $200.)

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