Florida Probate Lawyer Blog

Estate Litigation and Trust Dispute in Probate Court regarding Dennis Hopper and his prenup.

2010-05-30T12:43:00.008-04:00

As Probate Attorney Blog properly predicted and TMZ later in the day confirmed in their article Dennis Hopper Probate Battle Brewing then the New York Daily News Reported on today there will be a Trust Litigation fight in Probate Court upcoming with an aggressive estate dispute contesting the phrasing of what Victoria Hopper is entitled to pursuant to the prenup she had with the Easy Rider Actor who sadly died from cancer. Their article titled Dennis Hopper couldn't divorce his wife in time probate battle brewing.

It will be in probate court although given that probate only concerns the property that is in a decedents sole name without a designated beneficiary and it appears that Hopper had a funded trust a trust and estate dispute or trust and estate litigation in probate court may be more accurate description.

The trust estate dispute will center on the fact that in their prenup of the 41 year old Victoria and 74 year old actor it said in order for her to receive 25% of his estate she would need to be married to him which there will not be a dispute as he was not able to divorce in time and living together. They were not in fact living together and in fact he had a restraining order against her as there had been alegations she had tried to kill him. A judge had agreed that she was hindering his health and signed a restraining order against her from coming too close to him. However she is expected to argue that that is still satisfied given that she was living next door and at his home. She will likely also claim that they were not living together solely because of his illness and that it was his eldest daughter who had pressured him for the divorce when he lacked capacity and she had convinced him to seek a divorce he would not have otherwise sought.

Her argument about living at the home will be interesting as well given that the prenup done while he had capacity and agreed upon by both parties explicitly said that upon either party filing for divorce if they had a child she was required to move out within 60 days from the home and would get nothing. However for whatever the reason a judge had allowed her to remain at the home for the time being and had him continue to pay her $12,000 despite no agreement to do so as spousal maintenance and child support. Additionally had she been living with him and married to him she would receive a $250,000 life insurance policy if not it would pass to his children and/or other beneficiaries. There had already been a hearing re contesting whether or not that should be changed and no decision had been made.

It will be interesting to follow the trust dispute in probate court and updates will be reported here about the estate related litigation from this blog and a the ProbateAttorneyBlog.com

An Emirati man tries the "Gold to Go" vending machine ... - Yahoo! News Photos

2010-05-15T11:21:00.000-04:00

While in the US and on mainstreet ATM machines are merely to get money although for the Goldman Sachs type crowd and other especially wealthy trust and estate clients a vending machine is pictured in this article of dispensing "Gold to go" in the United Arab Emirates. As Yahoo News reports the AFP story.

Tattling for Dollars: The Ranks of IRS Tax Informants Grows - DailyFinance

2010-05-08T17:44:00.000-04:00

Daily Finance.com reports that a lot more people are informing on others to the Internal Revenue Service the past few years.

Jonathan Berr mentions that there is a good compliance rate of around 85% but that this allows the government to get more dollars than they otherwise would.

The change came about following the passage of the Tax Relief and Healthcare Act of 2006.

For those with a dispute or a grudge with an ex it allows them to get revenge and make a considerable amount of money. The prior law was changed in two significant ways that it is no longer up to the government to decide if they are going to give a reward and only when and how much they feel like but they are now always giving 15-30% depending on the circumstances of collections from tax evasion of money owed which is above $2 million dollars.

An interesting issue being discussed is what if any involvement could the person have in creating the evasion. Bradley Birkenfeld the former UBS Banker who blew the whistle on the massive tax evasion scheme by wealthy Americans is reportedly seeking a reward in the billions although the government does not want to give him anything since he played a role in helping billionaire Igor Olenicoff cheat on his taxes a crime that he is serving a 40 month jail term for.

The article also points out that because of the economic downturn the IRS is making fewer deals with taxpayers to settle for less than is owed.

Siblings Cindy and Kenan Altunis Buy Winning Lottery Tickets From Same Store - AOL News

2010-05-08T13:16:00.000-04:00

AOL News reports of the great luck for the family who had two siblings buy winning lottery tickets which alone will give them taxable estates in 2011 under current law (in excess of a million dollars) in the past couple years.

Visiting a gas station when visiting her mom in Long Island stopped in at a service station that had good memories for the family after her brother had won $1 million dollars there in 2008 with a lottery ticket. She just learned she has won over a million as well. Although just 32 years old likely another person who will be seeking to have the 2011 and subsequent years estate tax exemption to be increased from the current $1 million that is scheduled to be allowed. It is expected that the exemption will be revised to $3.5 million as was provided in 2009 although no action has been taken yet.

World's oldest person dies a week before turning 115 – This Just In - CNN.com Blogs

2010-05-05T10:17:00.000-04:00

The World's oldest person died at 114. Kama Chinen of Okinawa Japan was just a week from her 115th birthday.

The all time record for longevity is France's Jean Louise Calment who died in August 1997 after having lived 122 years 164 days according to Guinness book of world records.

See Brad Lendon's blog post World's oldest person dies a week before turning 115.

World's oldest person dies a week before turning 115 – This Just In - CNN.com Blogs

95 year old great grandma going to first prom

2010-05-01T11:27:00.000-04:00

A nice video of an elderly lady who has never been to a prom is going as one of two dates of her great grandson.

It is part of the great grandma's bucket list. She is not going to dance but just wants to go and see it. She recently also went to her first concert in a limo and had backstage pass to Reba Mcentire but commented it was too noisy.

Her nursing home keeps a Bucket List of the residents final desires before they pass on and had that on the list for her.

Too see the CNN video click here.

Amid Family Tragedies, Iowa Man Richard Koenigsfeld Wins $1 Million Lottery - AOL News

2010-04-28T16:29:00.000-04:00

As AOL news reports a guy a nice story that a guy who has had a difficult year with his wife dying of cancer a month earlier and their having lost their son played the lottery in observation of his wife's birthday and won a million dollars. Interesting to note that between time value of money and taxes the million will come out to about $455,000.

94-Year-Old Gets Final Wish: A Waltz

2010-04-21T16:53:00.000-04:00

A nice story of an elderly woman. As Yahoo news reported the 94 year old woman with less than six months to live had as a final wish that she would Waltz again as she had for years with her husband who was now deceased so a limo was rented and she was dressed up then had some dance partners to allow her to enjoy the evening.

Miami Heat's Dwyane Wade Sells Pinecrest home at a big Loss

2010-04-16T19:24:00.000-04:00

As previously reported even celebrities are taking the hit of the housing market decline. In South Florida where Dwayne Wade is definitely a celebrity as a star for the Miami Heat just sold his home for a nearly $1.5 million dollar loss. It was bought during the boom years in 2005 for $3.98 million and in March was sold for $2.5 million. Wade is going through a divorce and may move to another city next season as a free agent so those may have contributed to his selling now but even with the tens of millions he makes and being one of the biggest names in South Florida interesting that even he took an over 35% loss from the home purchased just a few years earlier. To see a picture of the home or read the article from Housingwatch.com click here.

Report: Elin close to filing for divorce - News - FOX Sports on MSN

2010-04-14T12:21:00.000-04:00

It will be interesting to see how well the Tiger Woods Florida pre nup agreement holds up and what the financial settlement will be in the divorce but reports are that Elin is about to file for a divorce and Tiger had to get her and the kids a separate mansion for her and the kids while he was in the Masters and she was not even there most of the time but was on a plan and out of the state. Fox sports reported this latest development here.

Another Celebrity who is being foreclosed on

2010-04-08T19:53:00.000-04:00

TMZ reports of yet another celebrity having a home foreclosed upon. Nicholas Cage has multiple homes foreclosed upon and so have a number of other celebrities during the economic downturn impacting most people. An actor who had been a star of the show Scrubs for 9 seasons as Dr. Turk although the show like the actors home is on very shaky ground and likely to be gone shortly. Unfortunately Donald Faison owes over a half million essentially the same value of the property and the bank has already started the process to foreclose.

There have been a number of other celebrities as well that have had problems with foreclosure in the past couple years including Nicholas Cage, Evander Hollyfield, Ed McMahon, former NBA star Vin Baker, Wayne, Newton, Stephen Baldwin and LaToya Jackson, Victoria Gotti among others. The real estate blog for Zillow.com maintains a list of celebrities who are going through or have gone through foreclosure.

Half of Americans pay no federal income tax - Tax Tactics - msnbc.com

2010-04-08T11:24:00.000-04:00

MSNBC reports nearly half of Americans or 47% to be exact pay no taxes. They either have too low of an income or qualify for enough credits, deductions and exemptions to eliminate their liability.

The Atlantic wrote an interesting article here which discusses whether it is fair that nearly half the country does not pay taxes and thus does not contribute to paying for the discretionary budget. While it points out that is not really fair it then also points out that the upper income people have received the largest share of income gains in the 2000's with the top 1% soaking up 2/3 of the gains of pre tax dollars and that their income is the highest it has been proportionally since the 1920s. The article mentions that the top 20% of the country generates 67% of the revenue for the country. The top 1% is responsible for 23%.

It also mentions how when Ronald Reagan Reagan left office in 1988 that the top 10, 5 and 1% of the income bracket were paying effective tax rates of 27, 28 and 30% on their incomes while in 2009 those groups were paying 22%, 23% and 26% so their tax rates along with the rest of the country had fallen along with the rates for those with lower incomes.

That along with the fundamental way the tax system is currently set up and the skyrocketing deficit the government is facing will force significant changes and higher tax rates.

Duggars Take Baby 19 Home From the Hospital - ParentDish

2010-04-07T19:52:00.000-04:00

This article mentioned that the Duggars have taken home their 19 child. With 19 children their estate plan could be rather interesting to do. If they wanted to do an insurance trust there would certainly be enough beneficiaries to get annual exclusion gifts. Class gifts would be interesting especially as the family grows and has a substantial number of grandchildren and others.

Your Money - Mortgage Aid Elicits Anger, but It May Help - NYTimes.com

2010-04-07T16:16:00.000-04:00

The New York Times has an interesting article that discusses how people are angry that they have to pay for the mortgages of others with their tax dollars. They also point out the disparity that some homeowners are bailed out to make their payments on properties they cannot afford while renters get no similar break. In Los Angeles more than 10 million people owed more than 120 percent of their homes worth as of the third quarter last year. The argument in favor is to save further problems to the housing sector and economy in general that it is supposedly for the greater good even if it is unfair that some live beyond their means and are bailed out just as the banks were or that it is unfair how some people got better treatment than others just as occurred in the financial bailouts. It is a hot topic in the news currently.

Bionic Hand Helps Brooklyn Woman Get Her Life Back - News- msnbc.com

2010-04-07T13:28:00.000-04:00

Growing up in the 70s and watching the $6 million dollar man the bionic woman and all their bionic parts was entertaining but far from reality. It is remarkable the the technology that has occurred since that time period.

Woman has bionic hand now and helping her life a more normal life again as this MSNBC article mentions.

Cabbage Patch magnate buys Madoff's pad - U.S. business- msnbc.com

2010-04-07T13:05:00.000-04:00

As MSNBC reported Bernie Madoff's NYC penthouse which was on the market for $8.9 million was just purchased. Patsy Kahn and her husband Al who is CEO of 4Kids Entertainment Inc a licensing company that has done Pokemon and Teenage Mutant Ninja Turtles, He also helped make Cabbage Patch Dolls a huge success in the 1980s.

40 under 40 - Sergey Brin and Larry Page (1) - FORTUNE

2010-04-05T17:34:00.000-04:00

Fortune Magazines 40 under 40 in business listed on CNN is an interesting list. Not surprisingly Sergey Brin and Larry Page of Google both worth $14 Billion and 36 years old are at the top.

Mark Zuckerberg was next on the list as the 25 year old founder of Facebook. He dropped out of Harvard to pursue building the company and with a $4 billion net worth and 400 Facebook users does not appear he will need to go back and finish up his college degree.

To view the the rest of the list click here.

10 highest paid CEOs - Larry Ellison: $84.5 million (1) - CNNMoney.com

2010-04-05T16:52:00.002-04:00

Larry Ellison of Oracle was the highest paid CEO in 2009.

CNNMoney.com reported on the 10 highest paid CEO for the past year. To read the article click here.

British woman 'died 114 times'

2010-04-05T16:19:00.000-04:00

Fox Chicago reported of a woman dying 114 times. She had Sudden Adult Death Syndrome and battled for 30 hours receiving continued shocks from a defibrillator. She came around and was alive only to "die" repeatedly until incredibly pulling through. Having six grandchildren she continued to fight and came back to for good.

Murray’s rep attacks Jackson suicide defense - Access Hollywood - msnbc.com

2010-04-04T20:53:00.000-04:00

MSN reports that Attorneys for Conrad Murray say it is premature to discuss his legal strategy and no decision has been made regarding what and they would not seek to try the case in the press although they did not rule out that he may seek to argue that Jackson killed himself. It is the latest of many lawsuits relating to Jackson's estate and his death although the only one which is in criminal court instead of civil court.

Michael Jackson's father Joe has stated he now plans to bring a wrongful death lawsuit against Michael's Dr.

Murray’s rep attacks Jackson suicide defense - Access Hollywood - msnbc.com

Michael Jackson gave himself fatal dose of drug his doctor will reportedly argue.

2010-04-04T16:43:00.003-04:00

The doctor charged in the death of Michael Jackson's death is going to argue that he merely provided a small amount of the drug and watched over him for an hour while he slept and that it was to help him with a medical problem in sleeping but he was fine at the time. He then left the room for a few moments and Michael Jackson woke up and became frustrated he could not fall asleep then took the remainder of the Propofol resulting in a massive overdose and accidentally killing himself. The New York Daily news reported from information they received from TMZ that that was going to be the defense strategy for Dr Conrad Murray.

10 Million Reasons Tiger Was Afraid of Rachel | TMZ.com

2010-04-01T13:44:00.000-04:00

As TMZ.com reported Tiger Woods paid off Rachel Uchitel $10 million not to disclose their affair. Other wealthy and high profile celebrities and athletes have paid in order to protect their millions in endorsement deals although this amount is rather significant.

10 Million Reasons Tiger Was Afraid of Rachel | TMZ.com

Also the affairs of Tiger Woods may cost him additional money if he separates and divorces from his wife. The prenup may be broken or have a bad acts provision which would allow Elin more money as a result of his actions. Reports after the story had broken that he was seeking to offer as much as $50-75 million extra in the prenup for her to stay with him and also not disclose anything or speak negatively about him.

In Florida statute 61.08 provides that adultery may be considered when determining the amount of alimony that a divorcing spouse receives. If she can attack the prenup this could be used against Tiger with a reported 14 different woman he had affairs with. The statute can be viewed by clicking here.

Time running out on homebuyer tax credit - Mar. 30, 2010

2010-03-31T20:25:00.000-04:00

As CNN reports the $8,000 first time homebuyer tax credit and the $6,5000 for those who are trading up ends in a month with contracts completed by the end of April and to close before July 1. The article describes all the requirements and who qualifies for this as well as the best markets to buy in. In parts of Oregon for example they are anticipating record gains while in Miami 22.5% decline is expected.

Time running out on homebuyer tax credit - Mar. 30, 2010

CA Divorce case expected to cost around $19 Million

2010-03-29T20:14:00.001-04:00

The case of Frank and Jamie Mcourt shows the importance of having a valid pre or post nuptial agreement with the necessary disclosure depending on the situation and having both parties having been represented by counsel enter into knowingly and voluntarily and being certain that it covers all eventual possibilities. Absurdly even with a post nuptial agreement the owner of the Dodgers and his wife are expected to spend up to or around $19 million dollars in legal fees.

She signed an agreement that said she would get $65 million in real estate in the event of a divorce, cheated on him with her driver and bodyguard who worked for the Dodgers used company money to travel with him to France then filed for divorce and is demanding a million a month in order to keep up her insane standard of living. A hearing was going on today regarding the alimony until a decision on the division of assets can be made. He generously offered $150,000 while she is seeking a million a month despite the fact that as his attorneys point out she could rent or sell any of her seven homes for support.

It is being called the nastiest billionaire divorce and further details can be seen from the link below.

The Nastiest Billionaire Divorce Ever: Jamie And Frank McCourt*

Threat Letter was part of snack heir suicide

2010-03-28T19:06:00.000-04:00

As AP reported through Yahoo News Major Bashinsky was a wealthy estate attorney in his 60's living in Alabama who was married with grown children. His father founded a snack food company in the 40's that had over $120 million in net sales in 2009. When his father died his step mother inherited nearly all of his stock in the company. Making this a stranger story though was that there had been letters apparently from someone unhappy with the family business then when he was found there were further elements designed to make it appear as though he was kidnapped and murdered. Purely speculation but possibly he had an insurance policy he wanted his family to receive but suicide would violate the terms although he was already wealthy and after a number of years they are often past a period in which they can be contested. Also purely speculation and cynical thinking but possibly he was upset that his step mom received nearly all the stock in the company and wanted it to look like the company had acting improperly as the letters indicated.

Corner found him at a pond shot to death but have determined that he wrote the letters which claimed that dividends were taken by the family at the expense of the workers and a mysterious group with have to "act with urgency" without saying what would happen. Soon after on March 15 he was found in a pond at a golf course and it has been determined he shot himself.

Coroner: Threat letter part of snack heir suicide - Yahoo! News

92 year old Woman, charged with killing 98-year-old husband in Australia

2010-03-27T12:25:00.000-04:00

A sad story as MSNBC.com reports a woman is charged with murdering her husband after he had a head wound. Not common for 90 year old spouses to murder one another although if it were to happen in Florida or most places in the US that person would be unable to inherit from the persons estate that they intentionally and unlawfully cause the death to occur as a result of actions they took. In Florida it is what is called the Slayer Statute which is Florida statute 732.802 and can be read by clicking here. It is public policy that those who do an illegal act should not then benefit as a result.

Cops: Woman, 92, kills 98-year-old husband - Asia-Pacific - msnbc.com

Michael Jackson's Estate filed probate documents stating he had no spouse at his death.

2010-03-26T21:05:00.001-04:00

Team Jacko -- There Was NO Secret Wife! | TMZ.com

As TMZ reports the Probate Attorneys for his estate filed with the court which emphatically state that he was not married at the time of his death.

Next week there will be two hearings for spousal property of woman who claim to be his spouse.

Hearings are set for both March 30 and April 13.

10 expenses you may think you can deduct on your taxes, but can't

2010-03-26T19:44:00.000-04:00

10 expenses you may think you can deduct on your taxes, but can't

As Kelly Philips Erb at the linked article above points out and describes each topic below are 10 topics which some people may think are deductible on their taxes but are not.

1 Child Support

2 Personal Legal Expenses

3 Gambling Loses

4 Hobby Loses that exceed gains

5 Roth IRA

6 Weight Loss Programs

7 Home Repairs

8 some commuting expenses see article for further info

9 services given to charity

10 Changing careers except in certain situations.

Investigation into Jackson, Murphy, Haim Deaths | TMZ.com

2010-03-26T19:09:00.000-04:00

With a string of celebrities dying as a result of a large number of prescriptions with a number of them being filled through various aliases TMZ is reporting that the attorney General for California and investigators are looking into the matter. 25-30 doctors are being actively investigated for giving prescriptions to patients without medical justification.

This occurred a few years ago as well when Anna Nicole died in Hollywood Florida. Her boyfriend and attorney Howard Stern and a few doctors were charged in 2009.

Michael Jackson's doctor has been charged with involuntary manslaughter as the NY Times reports.

Investigation into Jackson, Murphy, Haim Deaths | TMZ.com

Yitta Schwartz, Who Died at 93, Had 2,000 Living Descendants - NYTimes.com

2010-03-26T18:30:00.000-04:00

With Passover on Monday thought I would post a link to the nice New York Times story about a woman who was a Holocaust survivor and lived to the age of 93. She had nearly 2000 descendants including more than 200 grandchildren and most of the family lived near her in New York.

Yitta Schwartz, Who Died at 93, Had 2,000 Living Descendants - NYTimes.com

Real Estate 2010 Biggest price drops - Money Magazine on CNNMoney.com

2010-03-24T16:13:00.000-04:00

Bad news for South Florida in the CNN estimated price changes for the next year 3 of the top 4 expected to have the largest drops in home values over the next year are all south Florida with Miami at number two followed by Fort Lauderdale at # 3 21.3% expected drop and West Palm Beach, Florida at number 4 with a 18.5% expected drop.

Also of interest all of the top 9 most significant drops were in areas with warm weather most of whom had the most significant run ups value during the housing boom and 6 of the top 9 are located in Florida. The full list can be viewed by clicking on the link below.

Real Estate 2010 Biggest price drops - Money Magazine on CNNMoney.com

Vermont House endorses court restructuring bill | The Burlington Free Press | Burlington, Vermont

2010-03-24T12:30:00.000-04:00

As the article linked below reports Vermont is revising their probate court system by reducing the number of full time judges to 14 from just six along with 2 part time probate law judges. Given the current budget issues states are facing many different ways to need to cut costs.

In Florida the probate court and all circuit civil fees have gone up significantly in the past year although the number of judges has remained the same.

Vermont House endorses court restructuring bill | The Burlington Free Press | Burlington, Vermont

Kids who lose parents still grieve as adults - CNN.com

2010-03-23T18:38:00.000-04:00

Kids who lose parents still grieve as adults - CNN.com

The link above is from an interesting CNN article which points out that sadly one in seven Americans lose a parent before they turn the age of 20. It also discusses how their are not sufficient resources for helping deal with the loss of a parent.

Roger Miller's widow wins court fight over 1964 hits | tennessean.com | The Tennessean

2010-03-23T17:27:00.000-04:00

Widow of deceased former musical star awarded $900,000 in royalties following extended litigation regarding the copyrights to his songs. At the time of his death copyrights expired after 28 years and had to be renewed but he died prior to the renewal period. Having died the year prior to the renewal. As a result hiring a litigation attorney to help protect her interests was well worth her while as she and his music company will receive nearly a million dollars.

Roger Miller's widow wins court fight over 1964 hits | tennessean.com | The Tennessean

Real Estate 2010 Biggest price gains - Money Magazine on CNNMoney.com

2010-03-23T16:11:00.000-04:00

CNN lists the 25 cities expected to have the largest price increase in the next year. Unfortunately for Florida residents none were in Florida.

Real Estate 2010 Biggest price gains - Money Magazine on CNNMoney.com

Anna Nicole Smith Estate Takes Another Hit | TMZ.com

2010-03-23T12:58:00.000-04:00

As TMZ reports Anna Nicole Smith which lost a big decision this past week saying they would receive no money from the estate of her billionaire husband had the State of California file a $45,308 tax lien against her estate for a 2008 delinquency after she died in 2007.

Anna Nicole Smith Estate Takes Another Hit | TMZ.com

Warren Buffett may be your best investment guide - MSN Money

2010-03-23T09:33:00.000-04:00

An impressive track record of investing shows that those who invested in Warren Buffet since October of 1964 with just $10,000 at the time would have that investment compound at an annualized rate of 20% including the problems of the past few years. Even better for those investors that $10,000 which would be worth $60,000 in todays dollars would be worth $80,000,000 today. By Comparison the S&P Index by comparison would have the investment worth $560,000 today. The full details of the MSN article can be found at the link below.

Warren Buffett may be your best investment guide - MSN Money

10 states line up to sue over health bill, Florida AG says - CNN.com

2010-03-22T19:46:00.000-04:00

10 states line up to sue over health bill, Florida AG says - CNN.com

With Billions of dollars at stake the fight over health care, taxes and other ways to pay for it continue.

Hopefully the Congress will move on to Estate Tax reform soon and give the American people some clarity on that issue. It has been pushed back as health care has been argued over.

The link above is a video and article discussing 10 states who will legally challenge the health bill once the President signs it.

Week Ending March 14, 2010: Hendrix Tops Elvis - Chart Watch

2010-03-21T20:17:00.000-04:00

This article from Yahoo Music points out that Jimmy Hendrix just set the record for having a record in the top 5 of the charts the longest after a person had died. It is also a reminder of the significant amount of money that the estates of deceased celebrities earn after their death and how long this revenue stream continues.

Week Ending March 14, 2010: Hendrix Tops Elvis - Chart Watch

America's 25 Richest Counties

2010-03-21T19:03:00.000-04:00

America's 25 Richest Counties - 1 - MSN Local Edition

Loudoun county Virginia with a median income of $110,643 is the richest county in the US based on median income. 19 of the 25 are on the East Coast and 6 are in the D.C. area.

California Supreme Court to decide same sex marriage Tuesday

2009-05-23T23:37:00.003-04:00

The California Supreme Court had decided 4-3 that under the current California law it violated the law not to allow same sex marriage. The voters of the state then voted in favor of changing the law to make it illegal. Subsequently that was challenged though on the grounds it was not done in the proper way. The California Supreme Court has announced it will announce its decision after the holiday weekend on Tuesday.

Probate Attorney Blog - Florida Probate Attorney

2009-05-17T12:53:00.002-04:00

A Probate Attorney blog has been restarted. After an absence from blogging www.ProbateAttorneyBlog.com returns. The blog is written by a Florida Probate Attorney and offers Probate, Wills and Estate Administration Law help and information and will have Probate Litigation, Will Contest and Estate and Trust Dispute cases, Information regarding the elderly, estate and gift tax law, and other topics of interest related to trust and estate law issues.

Probate Litigation - Probate Exception

2006-05-09T18:53:00.001-04:00

This Probate Litigation Jurisdiction information comes from an article in an ABA journal article that can be found here. It discusses how it is now expected that there will be an increased amount of Probate Estate Litigation in federal court following the Anna Nicole Smith will contest and trust dispute having been decided by the Supreme Court as part of the ongoing inheritance litigation dispute case.

Writing for the court, Justice Ruth Bader Ginsburg said the Probate exception didn’t apply because the case involved issues normally disputed in federal court. Marshall v. Marshall, No. 04-1544. The Supreme Court ruling puts Smith, whose legal name is Vickie Lynn Marshall, back in court to seek a $474 million inheritance judgment she previously won in federal bankruptcy court in California, according to her lawyer, Kent L. Richland of Los Angeles. Meanwhile, even those on the other side expect the Supreme Court decision in Smith’s case to open federal courtroom doors to a deluge of new probate estate-related litigation."I think it’s going to be read primarily by litigators and it’s going to create another new litigation opportunity," says James R. Wade, a Denver lawyer and former probate judge who filed an amicus brief on behalf of the National College of Probate Judges. "I think that the litigators are going to see opportunities which they hadn’t even thought of before of bringing probate cases in federal court."

Estate Litigation Lawsuit regarding Kirby Pucket's remains

2006-05-09T18:15:00.000-04:00

An Estate Litigation update was reported today on ESPN.com from an AP story that Kirby Puckett's fiancee claims he wanted his ashes spread on an inner city baseball diamond.
He had been a great outfielder for the Minnesota Twins but was a resident of Maricopa County Arizona at the time of his death so the Estate Litigation lawsuit regarding his remains has been filed there. A link to the full story can be found here.

He was cremated and his fiancee sought to assert rights to his ashes but had a dispute with his children who were the primary beneficiaries of his estate. He had not indicated in any documents what he would like to have done regarding his final arrangements including what would be done with his remains.

His Fiancee Jodi Olson wanted the remains and said she "just assumed she would get them since she was going to be married to him in 90 days". It is often said that assuming things is not a good idea and that would be true in this case. As the fiancee without any documents saying she were to receive the remains it is the opinion of this Florida Probate Lawyer that she will have no case and the probate court will rule on behalf of the children in this estate litigation matter. Since she was not in fact married the children have the relationship that will be given priority.
The remains have remained in a twins city funeral home following his stroke in Arizona but following the estate litigation dispute and the children telling the personal representative they did not wish to divide the remains with his fiancee they are likely to prevail. Also if Kirby had no will his fiancee will receive no property from his estate as Arizona law will provide like Florida that with no spouse the children will receive the estate assets and the full inheritance.

Sadly he passed away from a stroke at age 45 but this case again shows the importance of expressing ones wishes in advance and putting them in writting so it does not need to be assumed. In a Florida Estate Litigation case with these facts she would have no case as it is clear that children's wishes would clearly prevail over a fiancee. A fiancee has no priority in Florida Probate matters unless a will is prepared and it gives her property. Without that the fiancee would not be sucessful in a Florida dispute in Probate Court on these issues.

Descendants pay of 170 year old debt

2006-04-22T17:07:00.000-04:00

Family Members Pay Off 170-Year-Old Debt
Descendants Pay Great-Great-Great Uncle's Debt

YELLVILLE, Ark. -- It took them nearly 170 years, but two men have paid off their great-great-great uncle's debt. Their ancestor, Archibald Yell, told leaders of Shawneetown, Ark., that he would give them $50 if they named the town after them. They did, and Shawneetown became Yellville. But Yell never paid.

Descendants David Yell of Lapeer, Mich., and William Yell of Monticello, Ga., were researching their family history when they found out. So the Yell cousins traveled to Yellville on Thursday to settle the debt. The mayor of Yellville was kind enough to waive interest on the debt or the Yells would have owed $803,000.

AP news story.
http://www.wsbtv.com/money/8883794/detail.html

FDIC Retirement Account Insurance Increased

2006-04-02T13:37:00.000-04:00

Florida retirement accounts and all others started receiving a significant increase in insurance that each account has yesterday rising from $100,000 where it had been since 1980 to $250,000 for each retirement account at a bank or other financial institution.

The information below is from FDIC.Gov

FDIC Insurance for Retirement Accounts Increased to $250,000 Higher coverage takes effect April 1; Basic insurance limit for other accounts stays at $100,000.

The Federal Deposit Insurance Corporation (FDIC) Board of Directors approved a raise in deposit insurance coverage on certain retirement accounts at a bank or savings institution to $250,000 from $100,000. Federal deposit insurance coverage for the first time in more than 25 years will increase and it became effective on April 1. The basic insurance coverage for other deposit accounts, however, will remain at $100,000.

Under the FDIC's new rules, up to $250,000 in deposit insurance will be provided for the money a consumer has in a variety of retirement accounts, primarily traditional and Roth IRAs (Individual Retirement Accounts), at one insured institution. Also included are self-directed Keogh accounts, "457 Plan" accounts for state government employees, and employer-sponsored "defined contribution plan" accounts that are self-directed, which are primarily 401(k) accounts. In general, self-directed means the consumer chooses how and where the money is deposited.
In addition, the IRAs and other retirement accounts that will be protected under the new rules to $250,000 are insured separately from other accounts at the same institution that will continue to be insured up to at least $100,000.

The new law also established a method by which the FDIC would consider an increase in the insurance limits on all deposit accounts (including retirement accounts) in the future, but only every five years starting in 2011. Any such increase would be based, in part, on inflation. Otherwise, accounts will continue to be insured as described above.

A toll-free consumer assistance line: Help and information about deposit insurance and other matters of interest to bank customers is available at 1-877-ASK-FDIC (1-877-275-3342) Monday through Friday from 8:00 a.m. to 8:00 p.m., Eastern Time. For the hearing-impaired, the number is 1-800-925-4618.

Estate & Income Tax numbers for 2006

2005-12-03T20:23:00.000-05:00

The IRS has determined the inflation adjusted numbers for 2006. The annual exclusion amount from the gift tax has been raised to $12,000. The other tax numbers from 2006 can be found by clicking here.

Income Tax Reform Panel suggestions

2005-12-03T15:42:00.000-05:00

The Presidential Tax Reform Commission formed in January recently concluded their service with ideas on substantial changes to the federal tax code. These would lower all rates but severely limit the deductions and credits that are available to seek to simplify the process of tax preparation.

Specifically, the panel said the mortgage interest deduction should be replaced with a credit worth 15 percent of mortgage interest paid, to spread the benefit to more homeowners of modest incomes. The panel also recommended lowering the $1 million limit on mortgages eligible for the tax break to the average regional price of housing, ranging from $227,000 to $412,000.

Tax breaks for mortgages on second homes and home-equity loans would be eliminated.
In another major change, taxpayers could purchase health insurance using untaxed money up to about $5,000 for an individual and $11,500 for a family.

The article discussing the tax reform panels ideas is here.

Worlds first parital face transplant

2005-12-02T13:20:00.000-05:00

The worlds first partial face transplant raises interesting issues related to estate planning as well as medical ethics. The article, pictures and a video concerning the procedure can be found by clicking the link above. The estate planning related issue is what powers and what specificity should be required for health care surrogates, personal representatives and powers of attorney for health care.

In the current situation the 38 year old divorced mother of two took sleeping pills to go to sleep after a reported family argument and was then seriously mauled by a dog who did significant damage to hear face making it hard for her to eat, talk and other issues. Doctors determined she had the capacity and the desire to proceed with the procedure although some had questions and the donor for the partial face transplant was from a braindead woman whose family consented. The case would have been governed by the law of France since it occured there but raises interesting issues regarding provisions in the will, living will and health care power of attorney.

Just as advanced directives such as living wills and health care surrogates (also known as powers of attorney for health care) were updated in response to the Health Insurance Portability Act new potential issues need to be considered as well to insure the individuals desires are carried out.

Assisted Living Facility costs up over 15% this year

2005-12-01T13:42:00.000-05:00

A survey of assisted living facilities in the US has risen greater than 15% according to a Met Life Survey. Click the link to read the details of the assisted living facility survey.

Florida Trust Litigation Dispute over foundation of the late Hugh Culverhouse.

2005-10-08T18:53:00.000-04:00

Interesting article about a Florida Trust Litigation Dispute and fight over the terms of a family foundation of former Tampa Bay Bucs owner Hugh Culverhouse and whether the trust and settlement agreements controlled or the foundation had the right to make changes.

Upon remariage of the surviving spouse and subsequent remarriage problems do frequently arise. This is an interest Florida Trust Dispute. As a result of the 1997 settlement and the subsequent changes within the foundation which disregarded significant aspects of that settlement and conflicts of interests which arose the grantors intent to keep the charitable foundation money in Florida and going 90% to the original beneficiaries has been subverted.
It is important to prepare documents in advance to withstand probate and trust litigation challenges so the document and the grantors intent is carried out.

Based on Florida Probate Law and statute 732.702 full and fair disclosure was needed for the post nup in the case because after marriage that is required for a pre nup done prior to their marriage no information is required to be provided.

Culverhouse wishes in judge's hands

The late Bucs owner's foundation defends directing money to new beneficiaries.By JEFF TESTERMAN, Times Staff WriterPublished September 20, 2005TAMPA - In a deathbed letter penned 11 years ago, Tampa Bay Buccaneers owner Hugh Culverhouse Sr. directed trustees to donate the bulk of his foundation's fortune to 38 charities, most of them in the Tampa Bay area.The plan began to fall apart after his widow, Joy McCann Culverhouse, remarried in 2001 and immediately set in motion a series of sweeping changes.After a board shakeup, the foundation wrote new bylaws. Millions of dollars began to flow not to Hugh Culverhouse Sr.'s designated charities, but to out-of-state beneficiaries with ties to Mrs. Culverhouse's new husband, Dr. Robert M. Daugherty.Now, stung by criticism from Florida's attorney general and dissension from some of the original 38 charities, the foundation has asked a judge to decide if the changes were legal.In probate papers filed in Hillsborough Circuit Court, attorneys for what is now called the Joy McCann Foundation have asked a judge to declare that the nonprofit had the authority to change its rules and donate more than $5-million to new beneficiaries.The office of Florida Attorney General Charlie Crist contends the foundation had no such right. The attorney general says the foundation engaged in a game of "bait and switch" when it disregarded the wishes of Hugh Culverhouse Sr. in creating a new list of beneficiaries."The fundamental question is the intent of Hugh Culverhouse Sr.," said Assistant Attorney General Gerald Curington. "Mr. Culverhouse gave the money for specific charities and intended it go to them."

Times researcher Cathy Wos contributed to this report. Jeff Testerman can be reached at 813 226-3422 or by e-mail at testerman@sptimes.com

Link to the the full Florida trust litigation article and the history of the trust dispute that has gone on in probate court is below.
http://www.sptimes.com/2005/09/20/Bucs/Culverhouse_wishes_in.shtml

Also the link to another interesting article about the Florid Trust Litigation and Foundation dispute can be found here

http://www.sptimes.com/2005/05/01/Tampabay/Charity_in_conflict.shtml

Florida estate litigation disputes can rip families apart

2005-10-08T17:37:00.000-04:00

Sadly Florida estate litigation within the family is a common occurence but this is another example of how destructive Florida estate litigation can be on family relationships.
If they had prepared a properly funded revocable trust the guardianship itself could have been avoided and the parents could have had more control over what and how the trustee were compensated. Through a power of attorney they could also have retained more control. Unfortunately the estate litigation families pursue can create bad blood and rip apart a family for decades following the estate litigation and things are not resolved once the estate dispute is resolved in court or settled.

As a guardian, a personal representative or a trustee a duty to act fairly and in the best interests of the person(s) you are serving on behalf of exists. It is a fiduciary relationship although improper action and disputes frequently occur.

Blood doesn't run thicker than estate fight
Relatives of Ed Helm, who is running for mayor, say he was "untrustworthy" and "unethical" in handling his late mother's estate.By ADAM C. SMITH, Times Political EditorPublished September 30, 2005

ST. PETERSBURG - Mayoral candidate Ed Helm says he is well equipped to lead a city with 3,500 employees and a $544-million budget. But when it came time to represent his late mother's $400,000 estate, his own relatives called him "unfit" and "erratic," saying he "cannot be trusted" with the job.

The allegations are detailed in probate papers filed in Pinellas-Pasco Circuit Court. Helm and his relatives settled the case two years ago, after a bitter 21/2-year court fight. He denied the numerous allegations against him but remains estranged from many of his relatives.

"As ugly as this family dispute got, I take consolation that within a month of Mom's death she commented to me that I was a good son and a good father," said Helm, a retired labor lawyer running to unseat St. Petersburg Mayor Rick Baker. "I am an Eagle Scout. "On my honor' is the beginning of the Scout oath, and I take my honor seriously."

Among the complaints leveled by Helm's sisters, cousins, nieces and nephews in legal filings:
That as guardian for his dying mother, Helm charged $50 an hour around the clock while she was hospitalized in the last week of her life. They also complained about him billing the estate for time he spent flying from Washington to see his mother in Sarasota.
That he improperly moved his ill mother from Sarasota to St. Petersburg without a judge's approval and without informing other relatives.

That he "engaged in fraudulent activity" to obtain access to checking accounts owned by his mother and father.

That he submitted tens of thousands of dollars in questionable bills for himself and his wife as guardian, and had a conflict of interest in seeking to represent the estate after his mother's death.

"It is evident from his erratic behavior from beginning to end of these traumatic events that he was formulating a veiled plan which by its very nature would be an effort on his part to nefariously convert funds from the estate ... to his own use and ownership," Helm's cousin,

Ronald Klune of Georgia, said in court papers.
Helm said an independent guardian would have charged "five to 10 times more" than he did for helping his mother, and that the courts reviewed and approved everything that occurred.

"We settled this thing. They had an opportunity to dispute and challenge (the fees and expenses) and ultimately they agreed," Helm said.
Several relatives declined to comment for this story. Helm's niece, Wendy Suter of New Jersey, said the family agreed to settle the case because they were exhausted and feared Helm would drain the entire estate on legal fees if the case continued to drag on.
She said she was surprised to hear about him running for mayor.

"It's very concerning that he could hold any public office because of the actions he's taken. In my opinion, he's proven unethical and untrustworthy," she said.
Erma June Helm, a Sarasota real estate broker, died in March 2001 at age 86. Her only son, Ed, had been her guardian over the objection of his two sisters, who wanted an independent guardian.

Once she died, Helm's sisters, cousins, nieces and nephews petitioned the court to bar Helm from serving as personal representative. They said he could not be trusted, had a conflict of interest, and that his own expenses and plans to sue his mother's former lawyers for malpractice would fritter away the assets.

"I do not trust Edward G. Helm to provide accurate and truthful information to his siblings, other family members and/or officers of the court," Helm's niece, Cynthia Suter, said in another filing.

Over Helm's objections, a judge ordered that an independent representative, United Trust Co., handle the estate. But the legal fight dragged on for years amid accusations of foot-dragging and lack of cooperation by Helm. Ultimately, both sides settled the case in the fall of 2003.
Helm said Thursday he loved his family and wished them the best, but that the "spat" was behind them now. He said he had not considered that it might resurface in this campaign but knew that taking on Rick Baker could get tough.

"I'm not in anybody's pocket, not the St. Pete Times, not the Semblers (prominent developers), and in that way I knew I would certainly be more of a threat than any other candidate and it was possible the power structure would really come after me and it could really get ugly."
- Adam C. Smith can be reached at 727893-8241 or adam@sptimes.com

Generation Skipping Tax does not apply for spouse regardless of age.

2005-10-08T17:03:00.000-04:00

Generation Skipping tax came to mind in thinking about the $474 million that Anna Nicole Smith stands to gain from her husband who was about 63 years older than her upon their marriage. Generally in Florida as well as all other states if someone gives a large amount of property (in excess of $1.5 million in 2005) to a person who is more than 37.5 years younger than them and it does not qualify for an exception such as a predeceased parent exception when giving property to a grandchild who parent has previously died then a generation skipping tax will be owed equal to the highest estate tax rate. If that were to apply there would be $474 million subject to a tax of about 48% tax.

She will not be subject to tax of nearly $240 million dollars for generation skipping tax though because for generation skipping tax purposes a wife is always considered in the same generation as the spouse. There is also an unlimited marital deduction from estate and gift tax during a marriage and at death for monies which are received by a spouse. This money would therefore not be received until her passing and then only if she owns it and does not transfer it to another spouse.

Life Insurance - Inheritance Dispute regarding Scott Peterson

2005-10-08T16:50:00.000-04:00

The killer statute has acutally come up a couple times this year with advice I have given potential clients regarded Florida probate situations earlier this year. This is a little different angle than the OJ case since Scott Peterson was actually found guilty of murder it would seem obvious under any state killer statute preventing people from inheriting as a result of their action he would not be able to inherit but the interesting slant in this case is that Scott Peterson and Mark Garagos still claim his innocence and that the probate statute should not apply until the appeals probate is heard.

A hearing has been set for October 21.

Judge may rule on Peterson life insurance
By SUSAN HERENDEENBEE STAFF WRITER
Last Updated: September 27, 2005, 05:48:45 AM PDT

Stanislaus County Superior Court Judge Roger Beauchesne could rule this morning on Sharon Rocha's claim to $250,000 from a life insurance policy on her daughter, Laci Peterson.
Or he might send the case Rocha brought against her former son-in-law, convicted murderer Scott Peterson, to trial. Under state law, people who kill their spouses give up their inheritance rights.

But Scott Peterson, who maintains his innocence, won't give up his claim to the money until an appeal of his death sentence and guilty verdict is complete.
In legal papers, attorney Nareg Gourjian of Los Angeles, who represents Scott Peterson, said Rocha's claim is premature. He said the conviction alone does not establish Scott Peterson's guilt.

Attorney Adam Stewart of Modesto, who represents Rocha, said his client wants a ruling now, because an appeal to the California Supreme Court could take decades.

"If we are ultimately wrong in allowing the estate to recover the life insurance benefits, Mr. Peterson may, in 25 years from now, file suit for restitution against the estate," Stewart said in legal papers. "This is a risk the estate is willing to take

Inheritance Law - Killer forfeits their share

2005-10-02T22:03:00.000-04:00

Florida Law and Florida Statute 732.802 prohibit a person from inheriting from another person who they are found to have unlawfully and intentionally killed or participated in procuring of the death and they are not entitled to any benefits under the will or under the Florida Probate Code, and the estate of the decedent passes as if the killer had predeceased the decedent.

Most states including Florida have some type of killer statute. In Florida the woman would be subject to jail time just as in New York if she was convicted beyond a reasonable doubt of murder. However all that would be required for her inheritance instead of being sped up to be terminated would be a preponderance of the evidence. If the woman were found not guilty but than found the greater weight of the evidence showed she had intentionally procurred the death then she would be treated as having pre deceased and would receive no property.

OJ Simpson was the subject of the last post and in his situation he was found not guilty but then found responsible and that would have been sufficient in Florida so he would not have able to inherit from Nicole Brown Simpson even if she had provided for him in her will. Although in their situation any provisions she had made for OJ in a will or trust that had not been updated since the divorce would be void anyway because upon divorce such provisions absent a showing of intent to retain the gift to the ex spouse are removed from the will and trust documents since that is what the Florida legislature assumes is the intent of the grantor or testator.

Woman Tries to Speed Up Inheritance
BATH, N.Y. (AP) — A woman who spiked her elderly neighbor's pastry with over-the-counter medication will spend up to nine years in prison.

Jennifer Clark, 26, was sentenced Monday to between 2 and 6 years in state prison for serving her 82-year-old neighbor a store-bought apple strudel cake (search) laced with a nighttime pain reliever.

She also was sentenced to a consecutive term of 1-3 years on an unrelated burglary charge.
Prosecutors said Clark spiked the pastry in September after learning the man was going to include her in his will. The man, who is described as frail, noticed the pills in the strudel before consuming a significant amount.

Clark was originally charged with attempted first-degree assault, which carries a maximum sentence of up to 15 years in prison. But under a deal with prosecutors, she pleaded guilty to first-degree reckless endangerment.

Florida Asset Protection - OJ Simpson

2005-10-02T20:46:00.000-04:00

Florida Asset Protection Law are illustrated by this article and the reason that OJ Simpson moved his residence to Florida. As a Florida resident he obtained creditor protection by owning a homestead within Florida. Also annuities and pensions are not subject to claims. So despite the tens of millions that he owes the Goldman family for having been found responsible in the death of Ron Goldman he has not paid anything because he has lived off his NFL pension.

He is not taking a fee for his public appearance or autographs because while he has protected his assets and will not pay anything for his judgement living in Florida based on the pension and his house is not subject to attachment but future earnings are subject to the judgment. Since he has the $4m pension and does not want to make any payments to the goldman's he has intentionally not made any additional money. Florida law is one of the most generous states for debtors though.

Other people have chosen Florida to live because an unlimited value of their homestead can be held as well as pensions and annuities that are generally not subject to creditor claims. (Mechanics liens on a home and the IRS being potential exceptions) which is far more generous to debtors than other states.

Comics show plans rare O.J. Simpson appearance
By Steve Gorman LOS ANGELES (Reuters) - O.J. Simpson plans to sign autographs and pose for pictures at a Halloween-themed comic book convention in a rare public appearance coinciding with the 10th anniversary of his acquittal on murder charges, a promoter of the event said on Friday. Simpson agreed to show up at the NecroComicon show in Los Angeles for three days, starting on Friday night, as a favor to an unspecified friend who was paid in advance to arrange for the weekend appearance, according to the promoter, Tom Riccio.Riccio said Simpson, who now lives in Florida, was "not getting a penny" for his visit, but was using the event as a possible trial run for future public appearances that he would make "in exchange for donations to his kids' college fund.""A lot of promoters are watching this to see how it goes, and we're going to take it from there," Riccio said.Riccio said he would charge $95 for photos and T-shirts signed by Simpson, and $125 for autographed football jerseys and helmets. Riccio said he would keep whatever is left of the proceeds after paying for various expenses, including Simpson's travel costs.On Sunday, Simpson will be joined at the event by his old friend and former football teammate Al Cowlings, who famously drove his buddy around Los Angeles in a white Ford Bronco during the televised slow-speed police pursuit that ended with Simpson's arrest at his home on murder charges.Cowlings is being paid separately by NecroComicon promoters.It was 10 years ago on Monday that a California jury found Simpson not guilty of murder in the June 1994 slashing and stabbing deaths of his ex-wife, Nicole Brown Simpson, and her friend, Ronald Goldman.A civil court jury in February of 1997 found Simpson liable for the deaths and ordered him to pay $33.5 million in damages to the families of the victims.Lawyers for Goldman's parents have said they would attempt to garnish any of Simpson's future earnings to satisfy the judgment, which he has vowed never to pay.But Riccio said he "was told that even the victims' (families) don't mind (Simpson's) kids going to college.Simpson lives off a $4 million National Football League pension that is exempt from civil court judgments, and the house he lives in cannot be seized to pay such a debt.Neither lawyers for Goldman's parents nor Simpson could be reached immediately for comment.

Trust litigation attorneys probate court legal battle continues - Anna Nicole Smith case accepted by Supreme Court

2005-09-27T11:47:00.000-04:00

The Trust contest of Anna Nicole Smith and the trust litigation attorneys helping her against the trust litigation lawyers helping E. Pierce Marshall the younger son of J. Howard Marshall her elderly husband who died at age 90 after 14 months of marriage when she was 26 and he was 89 continues. This has been a great case for the trust litigation law firms given the interesting legal issues and tens of millions of dollars in legal fees during a decade long battle through numerous courts and jurisdcitions. They will soon be able to resolve the case as the Supreme Court has agreed to hear the case.

The case will decide when federal courts can hear claims that are also involved in state probate proceedings? The case is known as The case is Vickie Lynn Marshall v. E. Pierce Marshall, 04-1544. Anna Nicole Smith's formal legal name is Vickie Lynn Marshall. The case will be argued on jurisdictional grounds. In 1946, the Supreme Court ruled that Congress did not confer on the federal courts jurisdiction to validate a will through probate or to administer an estate.

The Trust Litigation dispute the attorneys will be arguing about on jurisdictional grounds may produce a recovery to Anna Nicole of up to $474 million from her deceased billionaire husbands estate. The trust dispute the attorneys have been arguing over the past decade has been in bankruptcy court, probate court, federal and state courts and in both Texas and CA with significant differences among the various courts. Victory for one side or the other has been shortlived with decisions being appealed and overturned. While the case has had some strange and interesting facts the case illustrates the importance of proper planning and jurisdiction.

Below is a link to an article discussing the history of the trust litigation case and the legal aspects involved.

http://http://writ.news.findlaw.com/grossman/20001121.html

Funeral Pre Planning is helpful - Scotty's wishes carried out - He is sent to his final frontier

2005-07-24T19:23:00.001-04:00

While this story is unusual and entertaining the average individual will not want to be sent to the final frontier in space but it is important that they determine their preferences and make them known.

In Florida heirs can object to a cremation and need to agree on final arrangements if the proper forms and arrangements are not made in advance. Final arrangements should be done directly with a funeral home or other provider of such services in advance. Also to ensure a persons wishes are carried out and avoid disputes it should their wishes should be communicated to their family.

James Doohan to be sent to his final frontier
Thursday, July 21, 2005

LOS ANGELES, California (AP) -- He made his name in Hollywood beaming his colleagues back to the safety of the Enterprise on "Star Trek." Now, actor James Doohan's family is hoping to beam him up to the "final frontier" that Doohan's character "Scotty" loved so dearly.
The actor, who died Wednesday at age 85, had told relatives he wanted his ashes blasted into outer space, as was done for "Star Trek" creator Gene Roddenberry.

Houston-based Space Services Inc., which specializes in space memorials, plans to send a few grams of Doohan's ashes aboard a rocket later this year. The remains, which will be sealed in an aluminum capsule, will eventually burn up when they re-enter Earth's atmosphere.
It should be a fitting finale for an actor who, as the Starship Enterprise's frazzled chief engineer saved the Enterprise almost every week from blowing up, burning up or being overrun by renegade aliens when the warp drive, the phasers, the shields, the power cells or some other futuristic collection of doohickies failed.

As the man who commanded the Enterprise's particle beam transporter, Doohan's character also inspired the phrase, "Beam me up, Scotty." Capt. Kirk and other members of the Enterprise crew never really issued the order quite that way, however, until the fourth "Star Trek" film when Kirk said, "Scotty, beam me up."

"Good gracious, it's been said to me for just about 31 years," he said in an 1998 interview. "It's been said to me at 70 miles an hour across four lanes on the freeway. I hear it from just about everybody. It's been fun."

Married three times, Doohan was the father of nine children.

Copyright 2005 The Associated Press

South Florida Suspended Animation Company

2005-07-24T19:23:00.000-04:00

Article regarding the process, cost and prospects for suspended animation. This further shows the importance of having documents prepared in advance to show intent as well as the family to know and agree to the arrangements that are desired to ensure they are carried out.

Also of interest to baseball fans given it what was done to one of the great hitters of all time and last player to bat above .400 in a season.

The suspended animation company will now have an office in Palm Beach County Florida.

July 15, 2005 - AP
BOYNTON BEACH, Fla. - A “cryonics” company whose manager worked for the firm that froze the head of baseball legend Ted Williams plans to open a facility here.
Suspended Animation expects to open in August.

http://www.msnbc.msn.com/id/8585673/

Avoid Probate in Multiple States - Revocable Trusts Help

2005-07-24T18:24:00.000-04:00

Multiple probates cause multiple problems for heirs and beneficiaries
When a person has real property in multiple states such as Florida, California, and New York it is important for them to avoid having their estate required to be probate in all the states they own real estate.

When a person dies the law of the state that they were domciled in controls all of their property except for real property located in another state. This property is subject to the laws of the state in which it is located.

Probate is typically a slow process with a lot of rules and procedures but to add an additional set of laws, another court and frequently additional groups of attorneys the time involved to settle the estate as well as the expense increases as a result.

For individuals who hire an estate attorney the situation can easily be solved and the requirement for the property to go to probate court can be avoided or at a minimum decreased to require merely the home state. If the property in the other state is held in trust such as a Florida resident owning a home in Beverly Hills California and a condo in Manhattan New York they can do a deed to put it in a revocable trust with themselves as the trustee to retain ownership. For probate purposes this removes the need for probate in those states and upon the death of the owner the property will pass to the successor trustee who will convey the real estate to the beneficiaries designated pursuant to the trust agreement.
Achieving this probate avoidance will generally save the client several times the cost of the trust and it will also speed up the disrtibution and pass more efficiently to the designated beneficiaries.

Consult a probate and trust attorney to discuss the specifics of your situation and learn more about avoiding the headache and expenses associated with multiple probate proceeding. There are additional ways to achieve this. Our law firm assists South Florida residents and their families with avoiding probate for clients who make arrangements in advance and for those who do not with ancillary probate when someone is a resident of another state leaving property in Florida and with Florida Probate which sometimes also includes probate in other jurisdictions.

Probate Florida Real Estate - Determine Value Prior to Sale

2005-07-22T23:54:00.000-04:00

Beneficiaries and heirs should not abandon probate property without first determining what its fair market value is. The value of Florida real estate including vacant land has skyrocketed and an appraisal or market analysis may be needed to determine its true value.

Probate is needed to transfer good title for all land or real estate in the decedents sole name or held as tenants in common to pass the tenants in common interest. If more then 2 years have passed a summary probate can pass the title to the property to the heirs or beneficiaries. This allows the probate of the land or real property to pass through probate more quickly and with less cost involved.

By Mike Hoyemmoyem @ News-Press.Com Published by news-press.com 2005

Savvy buyers cash in big on cheap lots
Sellers naive to land value
Patricia Pavlus of Pittsburgh and Adel Assadd were happy last Sept. 15 to sell a vacant lot in Lehigh Acres for $800.But probably not as happy as the company that bought it, Olympic Land Title Corp. of Orlando. Olympic sold the lot for $36,900."They were basically going to pay us $800 in cash," said Assadd, who is Pavlus' husband. "They agreed to pay $800 plus do the probate."

When he was told Olympic sold the lot for $36,900 to a man who sold it for $45,000, Assadd didn't really know what to say."Good for them," he said.
Florida has a long history of questionable real-estate deals. But with property values skyrocketing in Southwest Florida as never before, quick-profit deals may be running more rampant than ever.Land records show the same red-hot real- estate market that has resulted in scores of fraudulent deeds being filed in Lee and Charlotte counties also has prompted untold numbers of calls and letters to absentee property owners across the country and around the world from buyers who may be hoping the owners don't know land values have shot up dramatically.

Polly Reynolds of Lebanon, Tenn., sold a lot in Lehigh Acres to Olympic last Oct. 14 for $2,600. Reynolds didn't sound upset when she was told the lot is probably worth 10 times that much.

Lee County Property Appraiser Ken Wilkinson said it's too bad people have sold land in the county at prices below market value when a simple check of his official Web site will show most vacant lots in the county are worth far more than $800 or $1,000." It's unfortunate people are taken advantage of, those who are not in the know."

How is Probate impacted by Domicile? What is Domicile?

2005-07-10T19:52:00.000-04:00

Domicile is where a person resides with a present intent to remain.
Someone who is merely going to law school or some other type of school or miltary service or a Florida Snowbird who is just coming to Florida for the winter but in each case the individual has the intent to return to their hometown have likely not changed their domicile.
When questions arise facts and circumstances of a given situation can be determined to decide where a person is domiciled. In order to obtain a homestead designation in Florida a person must be a Florida domicile. Some facts which can be looked at include what state their drivers license is from, where they are licensed to vote, where do they spend most of their time, if they own a home or homes where are they located, what location do they claim as their residence for the IRS or other tax forms, whether they had formally filed for domicile in a particular county and a number of other factors to consider.

For probate purposes this is important because it determines the state and county that the probate administration will occur in. If a decedent dies as a Florida domicile than all of their property which are in their sole name and which are not going to pass by contract or designated to transfer on death all their property other than real estate located in another state shall pass pursuant to Florida law with the circuit court of the county they were domiciled in having jurisdiction. If they are domiciled in another jurisdiction such as New York than New York law shall control all of their property except that Florida shall have jurisdiction and Florida law shall control regarding any real property which is owned in Florida. When a decedent has their domicile in another state but owns Florida real estate an ancillary probate administration would be needed to transfer the interest in the Florida real estate to those who were legally entitled to it.

Adoption - Intestate Share Impact in Florida

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Yes, the person adopted has the same rights to receive property from their adoptive family as if they were a lineal descedant but in most situation they will no longer be entitled to receive property through intestate succession from their natural parents. Florida Statute 732.108 provides the adopted person is a lineal descendant of the adopting parent and is one of the natural kindred of all members of the adopting parents family and is not a lineal descendant of his or her natural parents nor is he or she one of the kindred of any member of the natural parents family or any prior adoptive parents family except adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parents family. (other exceptions exist see Florida Statute 732.108)

Florida Intestate Estate - Spouse's Share

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If a decedent dies without a will Florida Probate Law provides for an intestate succession as follows:

If there is a spouse and no lineal descedants the spouse shall receive the entire estate.

If there are lineal descendants of the decedent the decedent all of who are lineal decedants of the surviving spouse than the spouse shall receive the first $60,000 of the estate and one half of the remainder of the fair market value as of the date of death.

If there are surving lineal descedants of decedant some of who are not also lineal descendants of the spouse the surviving spouse will receive one half of the estate.

Florida of Intestate Estate to Spouse is provided for in Florida Statute 732.102

Florida Intestate Estate - Other Heirs Share

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In Florida intestate estates the share of heirs other than a spouse is everything if there was no spouse. If there were children and a spouse the children will receive one half of the estate if any of the children were not also the children of the surviving spouse. The children will receive one half of the intestate share after the first sixty thousand goes to the spouse if all the lineal descendants (children) are also the children of the surviving spouse. The share of a child passes per stirpes so if a child pre deceases leaving children of their own the grandchildren can get their parents share by representation.

If no lineal descedants of the decedent and no spouse then equally to decedent parents or all to the survivor.

If the decedent parents are also predeceased than to decedent's siblings and their descendants per stirpes if the siblings pre decease.

The Estate is divided one half each between the decedents paternal and maternal family as follows to Grampa and Grandma equally or their survivor.

If no grandparents than to uncles and aunts and their descedants per stripes if the uncles or aunts pre decease leaving lineal descendants.

If no family remains on one side than the full share passes in the above mentioned order to the side of the family who did survive.

If no family on either side than the whole estate goes to the family of the last deceased spouse of the decedent as if the deceased spouse had survived the decdent and died intestate.

What is Florida Probate?

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WHAT IS FLORIDA PROBATE? Florida Probate is a court-supervised process for determining what are the decedent's assets, paying taxes, claims and expenses and distributing the assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes. If the decedent left a will it is known as a testate estate. Unless the testator was less than 18 years of age, lacked mental capacity to make the will at the time of execution, was unduly influenced regarding how they disposed of their property the will controls how the decedents property will be distributed subject to the legally enforceable debts, taxes, and expenses of the estate and the legal protections a surviving spouse has such as elective share, family allowance and homestead rights of a surviving spouse and children or a minor child.