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Tagged: will contest

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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LEGISLATIVE UPDATE: BETTER PROTECTION AGAINST UNETHICAL LAWYERS

October 10, 2013Jeffrey A. Cramer Estate Planning, Trusts, Wills Estate Planning, Estate Planning Attorney, estate planning lawyer, Jacksonville estate planning attorney, Jacksonville estate planning lawyer, trust, trust challenge, trust contest, will, will challenge, will contest

Florida attorneys have long been prohibited by our ethical rules from soliciting or accepting gifts from clients, including drafting a will or trust that names the attorney (or his close relative) as a beneficiary.  The concern is that an attorney who is asking for or receiving a gift from a client has a personal stake and thus will not be able to properly advise the client regarding the transaction (what we call a “conflict of interest”).  There is also the possibility that an attorney could exploit his relationship as a trusted advisor to obtain a gift from his client.

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