Estate Practice & Elder Law Community Family Care & Life Planning

Florida Prenuptial Agreement Ruling Brings Specificity

mjs@sarasotalaw.biz (Marc J. Soss) — Wed, 13 Feb 2013 07:49:00 -0400

The recent Florida

Minor children? Here are the steps you need to take to protect them

klf@karplaw.com (karplaw) — Fri, 08 Feb 2013 07:56:00 -0400

The importance of life insurance for parents with young children cannot be overstated. However, insurance is just one part of the story. To ensure your child's financial security, you need to properly plan for how the proceeds will be distributed to your child, as well as for how your child's personal needs will be met. That's where estate planning comes in.

Playboy tycoon Hugh Hefner, 86, and Crystal Harris were to be married in June 2011. Harris, however, abruptly called it off, announcing plans to auction off her engagement ring.

But the runaway bride has returned. On New Year's Eve the two tied the knot in California. Harris is 60 years his junior.

Did they have a prenuptial agreement? There are unconfirmed reports that they did. Certainly with Hefner's reported net worth of $43 million, his 4 adult children from prior marriages, his interest in his legacy, and the obvious age difference, he would be wise to have one. Even if Hefner and Harris enjoy a beautiful married life, the in-your-face fact

Ballard Spahr LLP: Final Rules Issued for Health Care Reform Tax on Medical Devices, Effective January 1, 2013

BallardSpahr@placeholder.com (Ballard Spahr LLP) — Wed, 26 Dec 2012 07:02:00 -0400

By Jean C. Hemphill and Laura A. Kowal

The Internal Revenue Service (IRS) released final regulations and other guidance on the excise tax applicable to the sale of certain medical devices under the Affordable Care Act

Duane Morris LLP: Post-Election 2012 Tax Planning Alert: Practical Tax Planning Tips for You, Your Family and Your Business

Duane.Morris@placeholder.com (Duane Morris LLP) — Thu, 29 Nov 2012 11:17:00 -0400

This Alert is designed to offer easy to understand and easy to implement year-end tax strategies in times of incredible

2012 Statutory Changes to the MI Power of Attorney

Wed, 14 Nov 2012 07:09:00 -0400

By Prof. Dustin Foster and Prof. Emily Horvath*

2012 PA 141, effective on May 22, 2012, amended MCL 700.5501. However, a detailed reading of MCL 700.5501 reveals that the amendment is effective in two parts: sections 2-6 are only applicable to those DPOAs executed after October 1, 2012. This amendment served to codify elements

Estate Planning Provisions and Model Florida Durable POA Form

SusanCalistriBoesger@placeholder.com (Susan Calistri Boesger) — Thu, 18 Oct 2012 14:11:00 -0400

In this EIA, Susan Calistri Boesger, Esq. provides information on including estate planning provisions in a durable power of attorney. Also included is a model Florida durable power of attorney form which includes broad estate planning provisions. Ms. Boesger writes:

Most durable powers of attorney provide for the ability of the agent to perform at least some estate planning on behalf of a principal. This can result from unforeseen circumstances, such as the disability

New 3rd Edition Released: Guardianship and Conservatorship in Massachusetts

Wed, 03 Oct 2012 07:32:00 -0400

Taking note of the Massachusetts legislature's enactment of many new statutory provisions impacting guardianships, conservatorships and estate administration, Matthew Bender has released Guardianship and Conservatorship in Massachusetts, 3rd Edition. The entire volume was rewritten and many new chapters were added, including those on guardianship of minors, mental health civil commitment, and standards for appointing guardians and determining competency.

Family Law/Tax Practitioners No Longer Need to Wade through Volumes of Irrelevant Material

The Lexis Guide to Family Tax Matters is a compilation of expert-authored chapters contained in the Federal Tax

Florida Disinterment - Digging up the Dead?

dmgwork@gmail.com (David Goldman) — Mon, 27 Aug 2012 09:49:00 -0400

As a Jacksonville Estate Planning and Elder Law Lawyer, not much comes as a surprise anymore, not even the few requests for unburying the deceased. It may sound like a B rated movie, but the reasoning behind the requests I have received are heartfelt and compelling.

One family wanted to remove their beloved father from a non-descript cemetery to a Veterans cemetery. One family wants to bring their grandfather (who was married to their grandmother for 50 years) home to the family plot, where their beloved grandmother lies in wait for him. The reasons are varied, but most meaningful to the families making the requests.

Florida disinterment is governed by Florida Statutes Chapter 497, Funeral, Cemetery and Consumer Services. The statute prescribes the authorization, notification, and other procedures that must be followed to enable one to disinter a family member. The process of Florida Disinterment is further governed by

Florida Durable Power of Attorney for Property: New law terminates spouse's powers when dissolution of marriage is pending

klf@karplaw.com (karplaw) — Tue, 21 Aug 2012 07:20:00 -0400

Recent changes in Florida Statute 709.2109 state that a person named as agent under his/her spouse's Florida Durable Power of Attorney for Property loses legal authority to act on the spouse's behalf in the event of divorce or annulment, or when an action is filed for divorce or legal separation. The only exception is if the Durable Power of Attorney specifically states otherwise (i.e., that the agents's powers continue in these circumstances. The new law became effective Oct. 1, 2011; however, it applies to every Florida Durable

Hook Law Center: New Thoughts about Living Wills

HookLawCenter@placeholder.com (Hook Law Center) — Wed, 01 Aug 2012 07:00:00 -0400

Just when you thought you had the answer to how to handle a loved one's health emergencies, experience is telling us that end-of-life care planning may not be so simple. Even if one has a Living Will, situations can arise that were not anticipated. Some advisers are even recommending abandoning the Living Will in favor of appointing a family member or friend as your health-care agent. What state you live in can also complicate the matter.

What are the some of the problems with Living Wills? The number one problem is that they are too vague. For instance, a Living Will may specify that life support will be withdrawn when there is "no

How to Protect Yourself from Court-Ordered Guardianship (and the Occasional Bad Apple Guardian)

klf@karplaw.com (karplaw) — Tue, 31 Jul 2012 12:13:00 -0400

Becoming incapacitated and unable to manage one's own affairs is an unnerving prospect. Having the court appoint a guardian for you adds insult to injury. No one wants the state mucking around in his personal affairs and finances.

There's yet another reason to be wary of court-ordered guardianship: Not every guardian is going to do a good job. While the vast majority of court-appointed guardians are hardworking and have their charge's best interest at heart, there will always be some bad apples in the barrel. Consider this: In 2010 a report by the U.S. Government Accountability Office identified

Withdrawals from New York Guardianship Accounts and Investment of Guardianship Account Funds

Tue, 17 Jul 2012 09:01:00 -0400

By Hon. Eugene Peckham and Ms. Karen McMullen

The statutes and case law for withdrawal of funds from guardianship accounts are based on common sense and the Surrogate's guided discretion on what will be fair and beneficial. Further, the investment of assets pursuant to an Investment Advisory Agreement is limited by the

New Hawaii Law to Help Protect Assets of Married Couples - NC Law is Not Quite as Helpful

ghgiddens@trustcounselpa.com (Gregory Herman-Giddens) — Fri, 06 Jul 2012 10:24:00 -0400

Hawaii is on the verge of a step forward in the field of asset protection, with pending legislation awaiting the Governor's signature that, if signed, would extend the shield of creditor protection available to married couples. Hawaii is among a group of states, approximately half in the nation, to recognize property held in tenancy by the entirety (TBE). Tenancy by the entirety is a form of property ownership in which each spouse owns the entire interest in the property; it is similar to joint tenancy with right of

NY EPTL 5-4.6 and Compromise Orders

jenniferhillman@placeholder.com (Jennifer Hillman) — Fri, 22 Jun 2012 16:12:00 -0400

Settlement of a wrongful death action can pose a challenge for the decedent's attorney. Wrongful death actions are usually a two-step process. First, the trial court handles the wrongful death action itself, and then the Surrogate's Court, which administers the decedent's estate, must deal with the allocation of the settlement among the decedent's beneficiaries and distributees, as well as the approval of any legal fees. In a recent case Matter of Stokes, 2012 N.Y. Slip Op. 22144 (Sur. Ct. Queens County) [enhanced version available to lexis.com subscribers] the court was particularly harsh to an attorney who submitted a facially and procedurally deficient compromise order which failed to comply with

What does it mean to be "family" with 21st century science?

dwheatley@feinsuch.com (Deirdre R. Wheatley-Liss) — Fri, 15 Jun 2012 08:04:00 -0400

In law school we learned about the "fertile octogenarian" - a theoretical construct about what would happen to a property distribution scheme in an estate plan if you had some wacky birth order situation (ie: my great-uncle is 60 years younger than me). Back in 1995, this was largely theoretical. Not so today in age of reproductive medicine advances and frozen embryos. It is quite possible in 2012 to have a biological child of yours born 1, 2 or 5 or more years after your death. Did you mean to provide for this child that you never met in your Will? You Will likely says "after my spouse dies,

NC POA Case Shows It's Better to Plan in Advance

ghgiddens@trustcounselpa.com (Gregory Herman-Giddens) — Tue, 01 May 2012 07:54:00 -0400

A recent North Carolina Court of Appeals decision affirmed the Superior Court verdict that an agent under a power of attorney did not breach his fiduciary duty to his aunt, Doris King or unjustly enrich himself at her expense. Albert v. Cowart, et al.

Even though the defendants prevailed in this case, proper advance planning by Mr. and Mrs. King would most likely have avoided the lawsuit. The use of powers

Florida Makes Power of Attorney Documents More Dangerous

dgoldman@jacksonvillelawyer.pro (David Goldman) — Tue, 10 Apr 2012 11:22:00 -0400

With the recent changes to the Florida Statutes, it is even more dangerous to use Powers of Attorney documents created by online systems or found in forms books. Not only is there a big risk that they will not comply with the new Florida laws and be worthless, but if they are valid, you run a big risk of handing someone a blank check. YES that is what many are calling the powers contained in the new Florida Durable Powers of Attorney act.

While those using a POA are supposed to act in a fiduciary capacity, when they do not, someone has to complain about it or nothing will be done. While under Florida's Elder Law abuse statutes, anyone may complain about the actions of another who is over the age of 55, those under 55 who grant powers of attorney have little recourse when their power of attorney is abused without their knowledge.

More Jacksonville Estate Planning Lawyers are creating systems to accomplish

Modern Day Thorn Birds: Recent Case Concerns Proving Paternity of Non-Marital Children under the NY EPTL

jenniferhillman@placeholder.com (Jennifer Hillman) — Thu, 05 Apr 2012 10:35:00 -0400

A recent article in the New York Daily News entitled Man Claiming to Be Son of Dead Brooklyn Priest Loses Battle for Piece of His Estate provided a sensational headline for an interesting scenario involving paternity and inheritance under the New York Estate Powers and Trust Law (EPTL). In the Matter of Otto L. Garcia, et al, N.Y.L.J., Feb. 29, 2012 (Sup. Ct. Kings County), the previous guardian and a successor guardian to a Roman Catholic priest, previously adjudicated an incapacitated person, sought approval and judicial settlement of final accounts that were submitted to the Court after the incapacitated priest passed away. While the proceeding was pending, an individual came forward claiming to be the son the deceased priest, and the Court was faced with the question of whether the purported son had standing in the accounting proceeding as a non

Marilyn Maag on Ohio's Uniform Power of Attorney Act

MarilynMaag@placeholder.com (Marilyn J. Maag) — Tue, 13 Mar 2012 11:56:00 -0400

Effective March 22, 2012, Ohio adopted the Uniform Power of Attorney Act (§§ 1337.21 to 1337.64 of the Ohio Rev. Code). The changes apply to all powers of attorney except a power of attorney that is coupled with an interest in the subject of the power, such as powers given to a creditor; to make health care decisions; a proxy to exercise voting rights of an entity; or a power created on a governmental form to be used for a governmental purpose. In this Analysis, Marilyn

Florida Guardianship Checklist

mjs@sarasotalaw.biz (Marc J. Soss) — Tue, 06 Mar 2012 11:46:00 -0400

FLORIDA GUARDIANSHIP CHECKLIST

CHECKLIST AND RESPONSIBILITIES FOR FLORIDA GUARDIAN'S

1. Visit the ward - While this may seem obvious, it is important that they know you and their family are their for them.

2. Secure an attorney - Every Florida guardian needs an attorney. Find one who is willing to answer your questions and you can easily work with.

3. Attend incapacity hearing - This is an important hearing where the Florida probate court determines whether a guardianship

New York Wrongful Death Compromises: Alienation of Infant’s Funds Beyond 18

PeterKelly@placeholder.com (Peter K. Kelly) — Wed, 08 Feb 2012 07:47:00 -0400

By Peter K. Kelly

In 1971, the 26^th Amendment to the United States Constitution was adopted, which guaranteed that citizens eighteen years or older shall not be denied the right to vote, by the United States or by any state. In 1974, the New York State Legislature enacted 53 bills amending various state statutes, granting adult rights and privileges to persons who attained the age of 18. In the estate and trust field, the most significant change occurred in the adoption of a new definition of "infant" or "minor," meaning a person who has not attained 18 years of age. EPTL 1-2.9-a; former SCPA 103(26), now