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Tagged: personal representative

Oh! Those Dangerous Instrumentalities: The Estate Owned Automobile

November 7, 2017Jeffrey A. Cramer Areas of Practice, Estate Owned Automobiles, Estate Planning, General Law, Probate, Probate Estate Car Accident, Estate Owned Automobile, Estate Planning Attorney, inheritance, Jacksonville probate attorney, personal representative, probate estate
Car

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.

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Digital Assets Part III: Victory!

April 13, 2016April 13, 2016Jeffrey A. Cramer Estate Planning, Newsletter digital assets, estate, Facebook, fiduciaries, guardian, personal representative, power of attorney, trust, trustee, will
Digital Assets

In previous posts, we addressed digital assets and how difficult it might be for fiduciaries (personal representatives or trustees) of an estate to access the digital assets of a deceased loved one, specifically their Facebook account and assets such as email accounts. Although we had hopes that the Florida legislature would pass a bill on the subject early last year (Senate Bill 102), it unfortunately died on May 1. The Legislature, however, was determined to pass a bill on the subject, and we can now say that it has!

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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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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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PERSONAL REPRESENTATIVE’S PERSONAL LIABILITY FOR PAYING TAXES OWED BY THE DECEDENT

September 28, 2012September 28, 2012Jeffrey A. Cramer Probate, Uncategorized estate tax, executor, gift tax, Income Tax, personal representative, Probate

    A Personal Representative of an estate (“PR”) is personally liable for paying a decedent’s outstanding tax bills.  This would include income taxes, gift taxes or estate taxes that may be owed by the decedent at the date of his or her death.  For this reason, it is important that a Personal Representative engage a CPA, in addition to a probate attorney, for assistance in resolving potential tax issues. 

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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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