Florida Estate Planning Lawyer Blog

Google Health just began offering personal health records on the Web. They are joining WebMD, Microsoft, and Revolution Health.

These services are designed to help consumers manage their health care and medical spending records.

Google record allows users to send personal information to some clinics or to pull records from the clinic into the Google personal file. One clinic that has begun working with Google is the Cleveland Clinic.

As of the launch, more than two dozen companies announced a partnership with Google Health. Some of the companies include Walgreens, CVS, the American Heart Association, Quest Diagnostics, Beth Israel, Deaconess Medical Center, and the Cleveland Clinic.

If you plan to subscribe to a service like this make sure you deal with it in your Durable and Medical Powers of Attorney so that the benefit from these services is not lost by your subsequent incapacity.

To discuss how to integrate these services into your Florida Estate planning documents Contact a Jacksonville Estate Planning Lawyer.

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Digital Asset Trust , Durable Power of Attorney , Estate Planning , Health Care Surrogate , Living Will

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A federal curt found that Marilyn Monroe was a New Yorker when she died in 1962. This means her estate which has earned more than 30 million dollars licensing her image can not control the licensing. Product makers may be free to use her image without paying licensing fees to her estate because of a difference between California and New York state laws.

Marilyn Monroe LLC plans to appeal the ruling. If you license your image, it may be important to look at the laws of your state to determine what rights your estate will have. If you have questions about licensing in your state you should Contact a Florida Estate Planning Lawyer to discuss the effects of your domicile on your future heirs.

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Administration , Assets Subject to Probate Administratio , Beneficiary , Business Law , Digital Asset Trust , Estate Planning , Probate

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Gerry Beyer, author of the Wills, Trusts & Estate Professors Blog has an interesting article on a novil service called Deathswitch. This service could be used to provide some of the services I have discussed in relation to the Digital Asset Trust.

There are many things that people may want to be handled a certain way after their death. Deathswitch.com, offers peoplethe ability to send messages or inform people in the event they are critically injured or disabled.

Deathswitch is an automated system that regularly prompts users for a password. If the user fails to respond timely, the system assumes that he or she is dead or critically disabled and e-mails pre-scripted messages. Each person can pick the frequency of the prompts and the maximum time to respond. These time-frames can range from one day to one year. Gerry Beyer states that some of the ways in which Deathswitch can be used include:

• Sending computer passwords to co-workers and family
• Providing loved ones with bank account and other financial information


• Making known one’s final wishes


• Sharing unspeakable secrets


• Leaving love notes


• Having the last word in an argument


• Providing the loved ones with funeral instructions

Neil Hendershot also discusses this service on his blog where he ponders the ramifications of a premature discharge of an intended postmortem email message

I have also discussed the need for this type of service in my articles on Digital Asset Trusts.

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Digital Asset Trust , Estate Planning

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When making a Florida Will, Florida Revocable Trust, or Codicil to a Florida Will there are several technicalities that must be complied with for the documents to be valid.

1) Who can make a Florida Will, Florida Revocable Trust, or Codicil to a Florida Will:
The answer to this can be found in section 732.501, Florida Statutes, where it states: Any person who is of sound mind and who is either 18 or more years of age or an emancipated minor may make a will.

2 What are the requirements for execution of the Florida Will, Florida Revocable Trust, or Codicil to a Florida Will:
Section 732.502, Florida Statutes, states:
(1)(a)The Testator must sign at the end of the will; and
(1)(b)Two witnesses in the presence of the testator, must sign that they witnessed the will.

Each witness must sign the Will in the presence of testator and each other.

Section 732.504, Florida Statutes :Unlike in some states a witness for these documents can be any person competent even if they are named in the will or will benefit from the will.

if you have questions about a Florida Will, Florida Revocable Trust, or Codicil to a Florida Willyou should speak with a Florida Estate Planning Lawyer.

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Digital Asset Trust , Estate Planning , Gun-Firearms Trust , Living Trust , Pet Trusts , Trusts - Charitable , Wills

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As a Jacksonville Living Trust Lawyer, I have noticed many changes that effect the administration of Trusts, even those which were already in existence when on July 1, 2007 when the Florida's New Trust Code became effective. If you are an estate planning attorney in another state and have clients who have trusts in Florida, it is most likely that their trusts must be managed differently than their trust document would imply.

1) A trustee has a duty to act in good faith in the interest of the beneficiaries and in accordance with the terms of the trust, imposed in part by sections 736.0801 and 736.0802.

2) There is a new 6 month statute of limitation sunder section 736.1008 with regard to any item set forth in a trust disclosure statement which contains a limitation notice containing the six-month period of time under 736.0604 within which to contest the validity of the terms of the trust.

3) The court has the power to take action and exercise jurisdiction as necessary " in the interest of justice."

4) The court has the power to modify or terminate a trust under sections 736.0410-04115, 0413, 0415, and 0416. Judicial modification in the best interest of the beneficiaries under section 736.0415(3) is not mandatory as to (i) any trust created prior to January 1, 2001 and (ii) any trust created after December 31m 2000 if it is subject to the Traditional RAP (90 years vs the expanded 365 Year RAP that Florida permits) or the trust expressly prohibits such judicial modification.

5) Nonjudicial modification with unanimous agreement of the trustee and all qualified beneficiaries under 736.0412 is not mandatory as to (i) any trust created prior to January 1, 2001, (ii) any charitable trust until the termination of all charitable interests, and (iii) any trust created after December 31, 2000 if it is subject to the Traditional RAP unless the trust expressly authorizes such nonjudicial modification.

6) New Spendthrift protections which affect the rights of creditors and assignees to reach a trust under part V of the Trust Code.

7) Trustee's duty under section 736.0503 to pay expenses and obligations of a settlor of a revocable trust upon death.

8) Trustee's duty under section 736.05055 to file a notice of trust with regard to a revocable trust upon the death of a settlor.

9) Trustee's duties under section 736.0813 to provide to qualified beneficiaries (or their designated representatives under 736.0306) (i) notification of the existence of an irrevocable trust, the identity of the trustee and their rights to trust accountings, (ii) a copy of the trust agreement and to account, and (iii) respond to requests for relevant information about the assets, liabilities, and particulars relating to the trust administration

10) Rights of third parties other than the trustee or beneficiary under sections 736.1013-736.1017

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Charitable Trusts , Digital Asset Trust , Durable Power of Attorney , Elder Law , Estate Planning , GST Trust , Irrevocable Trust , Living Trust , Pet Trusts

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One problem I have seen in Florida probate cases, and Florida Estate Planning was recently written about by a Massachusetts Estate Planning Lawyer, Leanna Hamill who Practices in Estate Planning and Elder Law. This article was also covered by the Elder Law Professors Blog

In her review of the Walls Street Journal article, Paperless World Can Leave Heirs in the Dark, she states that the article outlines the dangers of keeping your records on your computer.

One of the main problems is that you may not have paper copies, for your Personal Representative to review. Without this information it may be difficult or impossible to compete an accurate inventory during the probate or administration of the decedents estate.

I have previously touched on this in a several articles about Florida Estate Planning and Digital Assets. Those articles cover some of the actual problems and ways in which various online services deal with death, and some of the problems that can result including who has a right if any to access the decedent's information which is stored online.

If you use a computer, you need to consider having a Florida Estate Plan that deals with Digital Assets, paperless transactions, and details your assets for those who have to administrate your estate.

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Administration , Ancillary Administration , Beneficiary , Digital Asset Trust , Estate Planning , Inventory , Living Trust , Personal Representative , Probate , Wills

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Florida Estate Planning and Digital Assets is a topic that has been previously discussed. Today, I read an article written by the Trust and Estate Law Professors Blog which adds some more information.

It appears that they are some digital assets which can be accessed after the death of the owner or licensee. Here is a summary of what they report on.

- AOL -- Will allow access to the personal representative upon presentation of a death certificate and proof of appointment.
- eBay (seller) -- Similar to AOL.
- eBay (buyer) -- No access.
- Facebook -- Profile moves to "memorial state" but no one may obtain the login password.
- Gmail -- Similar to AOL plus an email showing that the decedent had sent an email message from the Gmail account to the person seeking access.

In an article written by Katherine Roseman of the Wall Street Journal, she quotes Elaine King, a certified financial planner for Gibraltar Private Bank & Trust in Coral Gables, Fl., as stating that recently a man in his thirties died. His family could not even determine what financial accounts it needed to close until it could access his email account. The deceased man’s Internet service provider required the family to get a court order granting it entry to his account.

“It can be a very lengthy process,” said King who adds that her firm now advises most clients to leave a list of electronic passwords along with a will.

It is important to review your estate planning needs with a Florida Estate Planning Lawyer or Attorney who is familiar with Digital Assets, Licensing and how to deal with them. Please use our contact form if you have any questions about Florida Estate Planning

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Assets Subject to Probate Administratio , Beneficiary , Digital Asset Trust , Estate Planning , Living Trust , Probate , Wills

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A new problem has begun to surface in Florida Estate Planning. What happens if you use email, or other online services? Will your loved ones be able to act upon your behalf if you are incapacitated or unable to act on your own?

With the rising use of the internet, it doesnt matter if you are in Jacksonville Florida or another city.How can you give your heirs access to information that may be stored online but secured by a password, but without the risk of unauthorized access.

If you put your passwords in your Florida will, they could change, or people who should not have access to them might gain access. Likewise biometrics (fingerprint or retinal scans) could also pose problems if there is not a password in addition to the biometrics.

The best solution seems to deal with a password vault where there is a master password. This way if your passwords change, the person who has access to the master password would always have the current password.

The master password could be on a document that is referenced within the will or other estate planning documents.

With the increase in electronic communications it’s important to choose a Florida Estate Planning Attorney who is familiar with the technology and how to deal with these recent problems in estate planning.

Another solution is to create a Digital Asset Revocable Trust. This trust can be the owner of all of your digital assets or the assets you wish others to have access to upon a disabling event or your death. Since most of these digital assets are licenses, the trust will survive your death and others will be able to access the information. You still need to plan on how to transfer the information or knowledge to the successor trustee or beneficiary.

Posted by David M. Goldman | Permalink | Email This Post

Posted In: Assets Subject to Probate Administratio , Business Law , Digital Asset Trust , Distributions , Durable Power of Attorney , Estate Planning , Guardianship , Living Trust , Personal Representative , Probate , Wills

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