Estate Planning

March 14, 2008

Quicken WIll = Unauthorized Practice of Law for Insurance Agent

Ernest Chavis is a South Carolina insurance agent who previously had some business dealings with a 91-year-old woman named Annie Belle Weiss. On July 20, 2004, Chavis visited her and, at some point in the conversation, Weiss asked him “Can you help me make a will?”

She wanted “someone objective” and told Chavis how she wanted her property divided up. Chavis used Quicken software–apparently Quicken WillMaker or Quicken Family Lawyer–to fill in the blanks and then brought the completed will to her in the hospital. Weiss signed it on July 31, 2004, and died two months later.

Beth Franklin and Julianne Franklin, Weiss’ grandnieces, filed a lawsuit contesting her will and claiming Chavis engaged in the unauthorized practice of law. Chavis was named as Weiss’ personal representative, but not as a beneficiary. (He would be, however, entitled to up to 5 percent of the estate’s value under state law because of his duties as personal representative.)

March 14, 2008

Florida Wills

by David M. Goldman

How can you tell if a Will has been altered?

Most of the time you cannot tell by simply looking at the document. Often these documents are “tampered with” behind the scenes: friends, relatives, heirs or neighbors pressure, threaten or trick someone into changing, modifying or preparing a new Last Will and Testament or Codicil (an amendment to the Will). It takes an experienced lawyer to discover the facts and circumstances behind the preparation and execution (signing) of a Will.

Can a child be cut out of a Will?

March 13, 2008

Key Considerations in Pet Trusts and Estate Planning

by David M. Goldman

Gerry Beyer, author of the Wills, Trusts & Estate Professors Blog has a post on his blog Becoming a “Pet Friendly” Estate Planner which points to an article he wrote in Legal Times. “Your Trust-worthy Pet” discusses the history of providing for pets which began in England in 1889. Now around 40 states have authorized statutory pet statutes.

In the Legal Times article he lists 13 important consideration for traditional pet trusts:

1. Create the trust inter vivos or in the pet owner’s will?

2. Who is the animal’s caregiver (the beneficiary of the trust)?

March 12, 2008

Can Your Dog Inherit Your Estate?

by David M. Goldman

In Florida, and many other states animals are now allowed to be the beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust.

Today I was reading an article published in Arizona which stated that a Dog could inherit one’s estate. While the article gives the correct advice the title is misleading and seems to suggest that a dog could inherit your estate. A pet may only receive the benefit of a Florida Pet Trust while the animal is alive. Being the beneficiary of a trust is not the same as inheriting part of an estate. In fact, a gift to a pet which is not in the form of a Florida Pet Trust would be void in Florida and most states.

To create a valid Florida Pet Trust please Contact a Florida Estate Planning Lawyer.

March 12, 2008

Free Combination Living Will, Designation of Health care Surrogate and HIPAA Release

by David M. Goldman

The other day, I wrote an article on the pitfalls of using a Free Florida Durable Power of Attorney. I have been thinking of a way to provide a good power of attorney for my readers. I have been unable to come up with a generic form that I feel comfortable publishing because of the huge liability associated with the Power of Attorney in Florida. Perhaps I will figure a way to accomplish this in the future. In the mean time, I have created the second most important document to any Florida Estate Plan – the Combination Living Will, Designation of Health care Surrogate and HIPAA Release.

You may ask what is a Combo Living Will and how is it different than my existing document. The biggest difference is that this document contains a HIPAA release which is necessary for your agent to obtain medical records, and the power for your agent to make decisions when you are unable to.

Many lawyers provide these as 3 separate documents. I find that my clients like to have them in a single document because it avoids the ability for your agent to show one or more but not all of the documents to achieve their desired results and circumvent yours. By having a single document you can make sure the objectives of Florida Living Will are preserved and consistent with any actions taken by your medical agent.

March 11, 2008

Florida Estate Planning Questionnaire

by David M. Goldman

Many of my clients have been asking me to post a copy of my Florida Estate Planning Questionnaire in a Microsoft word document so they can fill in and forward me the information online.

This information will be useful to any Florida Estate Planning Lawyer in the creation of an estate plan. If you would like a free review of your needs and suggestions on ways to save probate costs, estate taxes, and provide for your family the way you desire, take a few moments and fill out the form and email me a copy asking me for your free review. (my direct email address is in the document)

I will try to review the documents and discuss what makes sense for you within 72 hours.

March 11, 2008

Can Your Dog Inherit Your Estate?

by David M. Goldman

In Florida and many other states animals are now allowed to beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust.

Today I was reading an article published in Arizona where a letter to the editor basically stated that a Dog could inherit ones estate and referred to Leona Helmsley as an explanation of this. While the article gives the correct advice the title is misleading and seems to suggest that a dog could inherit your estate. A pet only receives the benefit of a Florida Pet Trust while it is alive and the pet does not have the ability to use it for anything they want. A beneficiary of a trust is not the same as inheriting one’s estate. In fact a gift to a pet that is not interpreted as a Florida Pet Trust would be void in Florida and most states.

To create a valid Florida Pet Trust please Contact a Florida Estate Planning Lawyer.

March 10, 2008

Mom’s hand-written is it valid?

by David M. Goldman

Rules regarding wills are usually based upon where the will was created. The general rule is that when a Will is valid at the time of creation, Florida will honor the will.

There is an exception to this and it regards certain handwritten or holographic wills. a Holigraphic Will is not valid in Florida unless it complies with the Florida Statute of Wills.

So even while your Mom’s handwritten will in California may be valid, it will not be valid in Florida. To make sure you have a valid Florida Will please Contact a Florida Estate Planning Lawyer

March 8, 2008

Gifts to yourself with a Power of Attorney

by David M. Goldman

Although a Power of Attorney often authorizes the agent to give gifts, agents should be careful when making gifts to themselves.

The Chicago Tribune has an article on an agent who gave herself $180,000 in gifts and the ensuing court battle over theft by deception, financial exploitation of an elderly person and conspiracy to commit financial exploitation of an elderly person.

If you believe someone has taken advantage of your or a loved on by the inappropriate use of a Durable Power of Attorney or Power of Attorney you should Contact a Florida Estate Planning Lawyer to review the facts.

March 5, 2008

Anna Nicole Smith Baby Inherits Her Estate

by David M. Goldman

Florida Will's and Florida Estate Planning A Los Angeles judge has decided that the young daughter of former Playboy bunny and television personality Anna Nicole Smith will inherit her estate.

Although Smith’s will, drafted before her now 18-month-old daughter was born, gave everything to her son, Daniel, it also said she intended that the assets in trust for him be shared equally if she had future children, reports the Associated Press. Meanwhile, Daniel died, at age 20, three days after Smith’s daughter, Dannielynn, was born in 2006. Smith herself died about five months later, in early 2007, of an accidental prescription drug overdose.

She is perhaps best known as the young wife of an elderly Texas oil billionaire, J. Howard Marshall II. The two married in 1994, when she was 26 and he was 89. He died a little over a year later, and litigation over his estate is still ongoing. If Smith’s estate prevails or a settlement is reached, her daughter could potentially inherit millions, Reuters points out.