One of the cornerstones of our mission to create estate plans “that work” is our annual client meeting. Every spring client members of our LifeLegacy program gather to hear updates on the practice, learn about legislative and other legal changes of the past year, socialize, and discuss topics of vital importance to their estate planning. This year over 40 clients participated in one of our liveliest discussions ever.
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One of our first admonitions to clients seeking to become appointed personal representative of a decedent’s estate and is to secure all automobiles and not let anyone drive them. Under Florida’s Dangerous Instrumentality Doctrine, the estate can be held vicariously liable if someone drives the car and injures others in an accident. Once a person has been appointed personal representative and the probate case opened, the personal representative has personal responsibility for those automobiles.
Continue Reading...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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Taking the proverbial busman’s holiday, I recently read the novel “A Perfectly Good Family,” by Lionel Shriver. The book was about what happens when three siblings inherit the family “mansion” in Raleigh, North Carolina, after the death of their parents. The father was a “great man” character, a judge and civil rights advocate, the mother was the typical woman behind the man of her era, the oldest son was a rebel and bully, the youngest son was the obedient one who never left home and took care of the mother during her last illness; and the middle daughter (and narrator) shared characteristics of each of her brothers.
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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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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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Adding to the unusual cases profiled in our Adoption Series (see here, here, here, and here), a Florida court recently decided whether an adopted daughter’s attempt to invalidate her own adoption, so that she could inherit her biological father’s estate as his lineal heir, had any legal merit.
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It's that time of year again: The holiday season is in full swing. Hopefully you are planning to spend some time with those you hold most dear. As you prepare your home or pack your bags, we encourage you to consider not only what and who you are most thankful for, but whether you have expressed your gratitude in a meaningful and lasting way.
Continue Reading...Did you know that, in Florida, you can adopt someone without ever going to court and making it official? For the finale of our Adoption Series (click to read part one, two, or three), we will highlight an unusual way that people sometimes inherit from their non-biological “parents.”
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