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Ormond Beach Estate Planning Law Blog

Florida man adopts girlfriend, makes her beneficiary of trust

The various tools of estate planning are meant to provide orderly and efficient wealth transfers. But they can be used for other means, as a Florida millionaire demonstrated recently. The man had initially set up a trust for his two young children. But he recently adopted his 42-year-old girlfriend and added her as a beneficiary of the trust.

This unusual legal move was supposedly prompted by the man's role in a drunk driving accident. In February 2010 he allegedly drove drunk and got into an accident which killed a 23-year-old man. He has been charged with DUI manslaughter, which carries a maximum penalty of 30 years in prison. In addition, the parents of the deceased man have brought a civil suit seeking compensatory and punitive damages.

Pause to consider your pets in your estate plan

One of the most important things you can do when you create your Florida estate plan is to try to think of everything. While this may seem like an impossible task, going through with it will reveal many things you may not have considered initially. Cataloging assets and individual pieces of property such as family heirlooms and knick-knacks can be helpful. Listing relatives, friends and organizations you want to receive portions of your estate is a good next step. But what about your pets?

When thinking of the big picture estate plan, pets may get lost in the shuffle. Animal lovers who care deeply about their pets during life may want to provide for them after their death. Absent particular instructions, a deceased person's animals may be taken on by family members, adopted or even brought to a shelter, results that the owner may not have intended.

A complete Florida estate plan goes beyond a will

When people in Florida think of estate planning, they typically may consider a will and perhaps a trust. But a thorough estate plan encompasses a wide array of instruments that can provide security and peace of mind in the latter stages of a person's life. The disposal of one's property is only one well-known aspect to estate planning. What sort of medical care you want to receive and who can make health care decisions on your behalf are essential components of a complete estate plan.

Two documents in particular that many people may not have considered are a designation of health care surrogate and a living will. The designation of a health care surrogate appoints a person you trust to have the authority to make decisions regarding your medical care if you are unable to make them yourself. This document goes hand in glove with a living will, which expresses the level of medical care you want to receive. If you do not want to undergo extraordinary life-prolonging measures in the hospital, a living will articulates those wishes and allows the health care surrogate to see that the health care provider follows your instructions.

Florida to Pacific: Long term care becoming long distance issue

When not too many years ago moving across the nation was a lot of work, today family members often live on opposite coasts. And as more and more people are retiring in Florida, children have found themselves trying to manage the care of their parents from states away. Without thorough estate planning, long term care from afar can become difficult.

According to the National Institute on Aging, there are approximately 7 million people across the countries that are caring for someone else from a long distance away. The long distance span can be difficult when aging parents have needs that can arise sporadically and without a great deal of notice.

Swedish sensation died without a will; $40 million up in the air

Some of us in Ormond Beach might have seen the new movie "The Girl With The Dragon Tattoo." This adaptation of Swedish novelist Steig Larsson's first installment of the Millennium Trilogy has been hotly anticipated and recently earned its star, Rooney Mara, an Academy Award nomination for Best Actress.

The plot of "The Girl With The Dragon Tattoo" does have a little to do with inheritance and estates, but the more relevant estate planning story comes from Larsson's own life.

How to get started with estate planning

The last post on our blog was likely not the first time Florida residents have heard that it is better to start estate planning now rather than later. But once that is said, where do you even begin estate planning?

A good first step would be to set up an appointment with an estate planning attorney, but that conversation could leave you with so much information that you wind up feeling overwhelmed. So, in the interest of making sure that conversation is efficient and helpful to you, here are a few things you will need to consider.

Why people from 18 to 98 need to think about estate planning

A lot of young people in Ormond Beach probably think that many estate planning concerns do not apply to them. When we are young, we feel invulnerable and think that many things are not going to affect us. The fact is, however, that there are many estate planning considerations that are beneficial no matter what your age.

Take, for example, long-term care planning. No one likes to think about a day when he or she may no longer be able to make his or her own decisions about things like medical care and finances, but it is a sad and unfortunate fact that this day comes for some people.

Businessman's estate leads to dispute between cities

Without proper estate planning, administering real estate and assets in Florida and across the United States can become difficult and sometimes even lead to a legal battle. In order to ensure one's property and wealth is distributed in accordance with one's wishes, it is vital to document one's intentions in a way that is legally binding. This kind of planning now can save a lot of frustration and confusion for families, heirs and beneficiaries in the future.

Recently in the news was the case of the estate of a late industrialist who passed away in Florida. A court of appeals in another state where the man had property awarded one township $3. 8 million from the man's estate. Another city had appealed the decision, claiming that it should have received the money because the industrialist owned a home in the city.

Trusts gain traction as families opt for more control

More and more, wealthy parents in Florida and elsewhere are putting a lid and a lock on the cookie jar. Their feeling is that the notion of handing large inheritances to their children at the age of 21 is no longer a wise decision. Instead, families are deferring the transfer of those assets until the kids reach their 30s and even 40s. What's more, when the inheritances are finally made, they often come provisionally as parents try to guard against profligate spending and loss of the family fortune.

Studies indicate that wealthy parents generally believe that financial maturity is difficult to achieve before the age of 35. There are a number of devises available to help parents ensure that the money they have accumulated will not wash out with the bath water. Trusts are growing in popularity as a means for keeping a hand in things to determine when and under what conditions the assets will be distributed.

Son sues mother for allegedly diverting money from trust fund

Pending legal disputes between a mother and son over an inheritance from the Cargill fortune offers some insight into how complicated litigation surrounding distribution of assets for an estate can become.

At issue is a $250 million trust fund said to be left to a son by his father. The money is part of the fortune accumulated by the Cargill and MacMillan families from the formation in 1860 of Cargill, now the largest privately held corporation in the United States with income that exceeded $4 billion in fiscal year 2011 alone.

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