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Tagged: Jacksonville trust

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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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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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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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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THE LATEST DO-IT-YOURSELF NIGHTMARE

April 4, 2014Jeffrey A. Cramer Estate Planning, Newsletter, Trusts, Wills Estate Planning, Estate Planning Attorney, estate planning lawyer, Jacksonville, Jacksonville (plus any combo of attorney/lawyer/will/trust etc.), 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, Trusts, Wills

We are constantly warning clients and friends alike of the dangers of do-it-yourself estate planning.  The odds are just too high that a fill-in-the-blanks estate plan will fail.  We hate to say we told you so, but here it is straight from the pen of Justice Pariente of the Florida Supreme Court:

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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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PET TRUSTS: PLANNING FOR THE FURRY MEMBERS OF YOUR FAMILY

January 15, 2014January 15, 2014Jeffrey A. Cramer Estate Planning, Pet Trust care for your pet, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida estate planning, Florida estate planning lawyer, Florida trust lawyer, Florida will lawyer, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Keywords: estate planning, living trust, Pet Trust, pets, revocable living trust, Trusts, Wills

AHH photo for Green Dog Spa newsletter

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