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Tagged: Jacksonville estate planning lawyer

Florida Electronic Wills Act

October 23, 2017Jeffrey A. Cramer Areas of Practice, Estate Planning, General Law, Wills Chapter 117 Florida Statutes, Electronic Wills, Estate Planning Attorney, Florida Electronic Wills Act, House Bill 277, Jacksonville estate planning lawyer, Last Will, Wills
Electronic Wills Act

Following up on other potentially problematic legislation which has not been codified into law, we have the Florida Electronic Wills Act. The bad news is this potentially disastrous law actually passed both houses of the Florida Legislature.  The good news is Governor Scott vetoed the bill and gave very thoughtful reasons for doing so.

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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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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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Preventing Alzheimer’s

August 29, 2016Jeffrey A. Cramer Areas of Practice, Elder law, Estate Planning Aerobic Exercise, Alzheimer's, Cognitive Skill, dementia, Elder Law, Estate Planning, estate planning lawyer, Exercise, Jacksonville estate planning lawyer, Reduce Heart Disease, Socialize
Walking exercise

More and more medical research is appearing which links simple lifestyle changes to preventing cognitive decline.  A recent article in the August 22, 2016 issue of Time Magazine highlights research by a Virginia neurologist, Dr. Majid Fotuhi.  He emphasizes six lifestyle changes that may help protect your brain as you age:

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US Survey Reveals 72% of Americans Do Not Have an Up to Date Will

July 25, 2016Jeffrey A. Cramer Areas of Practice, Estate Planning, Wills Estate Planning, Jacksonville estate planning lawyer, Last Will, Trusts, Wills
Last Will and Testament

Almost every month I present an educational workshop called “The Truth About Estate Planning”. We start off our small group discussion citing similar horrible statistics. It is interesting to see that someone finally surveyed people to find out if their will was up to date. But, it appears that the definition of “up to date” used was rather narrow. A will was considered to be out of date for this survey if made before a person got married or had children. No one could argue with that.
But what about other life changes such as divorce, death of a family member, child becoming an addict, child taking on significant debt, child getting a divorce, a significant increase in net worth, a significant decrease in net worth, a change in the estate tax law, a change in other laws affecting estates, such as Florida’s Homestead law….and on and on. Using these broader concepts, I believe over 90% of Americans do not have an estate plan that will work when the time comes that it had better work.

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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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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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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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PLANNING FOR YOUNG ADULT “CHILDREN”: WHAT PARENTS NEED TO KNOW

June 27, 2014Jeffrey A. Cramer Durable Power of Attorney, Estate Planning, Guardianship, Living Will, Newsletter, Uncategorized durable power of attorney, Estate Planning, health care power of attorney, health care surrogate, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Living Will

Now that graduation season is behind us, we have some important information for parents of young adults who are going off to college or starting their first job.  Once your child turns 18, he or she is automatically an “adult” in the eyes of the law, no matter how immature or inexperienced.  Being an adult comes with the right to manage your assets (including opening credit cards and taking out loans) and make decisions about your life (such as where to live, who to socialize with, and whether you want medical treatment).  As you might imagine, this silent leap into full adulthood can cause some nasty surprises down the road. 

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