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Tagged: trustee

Adoption Series Part Six: When does a trust beneficiary have legal standing to challenge an adoption?

April 25, 2017Jeffrey A. Cramer Estate Planning, General Law, Probate, Trusts, Wills Adoption, Estate Planning, Estate Planning Attorney, estate planning lawyer, Florida trust lawyer, inheritance, Last Will, trust, trustee

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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The Long Arm of Florida’s Code

September 13, 2016Jeffrey A. Cramer Areas of Practice, Estate Planning, Living Will, Trusts, Wills Beneficiaries, Beneficiaries of Trusts, Estate Planning, Estate Planning Attorney, Florida Estate Plannning, inheritance, Jacksonville Estate Planning, revocable living trust, trust, trustee, Trusts
united-states

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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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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The Case of the Unknown Artist

March 11, 2016March 15, 2016Jeffrey A. Cramer Estate Planning, Newsletter, Trusts Estate Planning, fees, trust, trustee, Trusts
Trustee Fees Art Case

It turns out that a billionaire artist you've likely never heard of has considerable influence over the administration of your estate. His name is Robert Rauschenberg. And while he's nowhere near as well known as Warhol or van Gogh, he has their level of influence. How? Trustee fees, that’s how.

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Renunciation Rule: You Can’t Have Your Cake and Eat It Too

January 22, 2016Jeffrey A. Cramer Estate Planning, Newsletter, Trusts beneficiary, Estate Planning, Jacksonville trust lawyer, renunciation rule, trust, trustee, Trusts
Renunciation Rule: Can't Have Your Cake and Eat It Too

You may not be familiar with the Renunciation Rule. It often comes up in litigation over trusts, and it is a rule that all beneficiaries and trustees should be familiar with. Renunciation in this context requires that a person renounce (or refuse to take) any interest in a trust and give back any contested assets he has already received if he wants to argue that the trust is invalid. The old saying “you can’t have your cake and eat it too” applies here. You can’t argue that the trust should not be followed and still benefit from it by receiving assets.

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Own Property Outside of Florida? Beware!

September 18, 2015Jeffrey A. Cramer Estate Planning, Newsletter, Probate, Trusts Estate Planning, Probate, probate estate, property, property ownership, revocable living trust, trustee
Probate Estate Property

Do you own property in Georgia? North Carolina? Anywhere but Florida? Beware of the extra probate expense of owning real property in multiple states.

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When a Revocable Living Trust Collides With Guardianship Court

June 12, 2015June 11, 2015Jeffrey A. Cramer Estate Planning, Guardianship, Newsletter, Trusts Designation of Preneed Guardian, guardian, Guardianship, revocable living trust, trustee, Trusts
Guardianship Court

Revocable Living Trusts are planned with the intention of keeping the family out of court. If this intent fails, courts have alarming powers to interfere with your plan. The recent case of Rene v. Sykes-Kennedy illustrates this point.

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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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Estate Administration: Another Do-It-Yourself Minefield

August 16, 2013Jeffrey A. Cramer Estate Planning, Probate, Trusts, Wills avoid probate, Estate Planning, Estate Planning Attorney, estate planning lawyer, executor, executrix, Florida estate planning, Florida estate planning lawyer, Florida Estate Plannning, Florida probate attorney, Florida trust lawyer, Florida will lawyer, Jacksonville Estate Planning, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, Jacksonville probate attorney, Jacksonville trust, Jacksonville trust lawyer, Jacksonville will, Jacksonville will lawyer, Keywords: estate planning, Keywords: probate, Last Will, living trust, Probate, probate attorney in Jacksonville, probate estate, probate lawyer, probate lawyer in Jacksonville, testate, trustee, Wills

Hopefully our faithful readers all know by now that there are many hazards to do-it-yourself estate plans.  What you may not know is that trying to administer your loved one’s estate without legal help is just as treacherous.  It is a great honor to be named as a loved one’s personal representative (executor) or trustee, but these roles come with great responsibility and many legal duties.

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CHOOSING AND TRAINING FAMILY TRUSTEES

November 16, 2012November 15, 2012Jeffrey A. Cramer Areas of Practice, Estate Planning, Trusts Estate Planning, Estate Planning Attorney, estate planning lawyer, living trust, trustee

One of the most important decisions we ask our clients to make is who they want to take over as successor trustee of their trust after the client’s disability or death.  Many of our recommendations for this position are obvious; a trustee must be willing to take on the responsibility, should be a person or institution that the client trusts wholeheartedly, andideally has some relevant experience or knowledge.  After (and sometimes despite) hearing this advice, most of our clients want to name family members, usually their spouse or adult children, as their successor trustees.

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