Estate Planning and Tax Lawyer Blog

Florida, like many other states, has a slayer statute.  The statute states that a murderer is not able to receive property or any other benefits by reason of killing someone.  So if you kill your parents and you are a beneficiary of their will, you are not able to take your share of their estate under the will.  Florida treats you as if you had died before your parents.

The IRS has released a private letter ruling (PLR 201008049) which came to a different result.  While Florida law may prohibit an individual who kills an IRA owner from benefiting under the IRA, the letter ruling states that a murder conviction in and of itself does not have the effect of retroactively removing the individual as the designated beneficiary of the decedent's IRA as of the measuring date.  Therefore, an individual convicted of and imprisoned for the murder of the decedent will still be treated as the designated beneficiary of the decedent's IRAs despite the state law slayer statute treating him as predeceased for purposes of inheriting property from the decedent.  The decedent's life expectancy will be used to calculate required minimum distributions.

Continue reading "Convicted Murderer Still A Beneficiary Of An IRA" »

In Northeast Florida, you see stories in the news where a spouse kills another spouse so they may receive the life insurance benefit or receive the assets left to them under a Will. However, what is usually not talked about is the fact that they will never receive the money or anything else. Florida (and many other states) have what is called a "slayer statute", Florida statute 732.802.

The first part of the statute say that a surviving person who unlawfully and intentionally kills or participates in procuring the death of the decedent is not entitled to any benefits under the will and the property passes as if the killer had predeceased the decedent.

For jointly owned property, the rules are slightly different. Any joint owner who unlawfully and intentionally kills another joint tenant busts the joint ownership so that the decedent’s share of the property passes as the decedent’s property. Under normal rules, upon the death of a joint owner, the property passes to the surviving owner (unless the property was owned as tenants-in-common).

The statute also says that a named beneficiary of a bond, life insurance policy or other contractual arrangement who unlawfully and intentionally kills the principal is not entitled to any benefit and is payable as if the killer had predeceased the decedent.

A conviction of murder by a court is conclusive evidence in determining whether or not the killer receives any inheritance. In absence of a conviction, a court may determine by the greater weight of evidence whether the killer was unlawful and intentional.

Continue reading "The Law Punishes Wrongdoers" »

Just like everywhere else, Jacksonville, Florida has families that have family heirlooms and other personal property they wish to pass to specific individuals in their Will. But what happens to the gift or your Will when that person predeceases you and you do not change your Will? The answer depends on your state’s estate laws.

Florida has what is called an antilapse statute in Section 732.603. Antilapse statutes do away with the common law (law carried over from England) practice of holding that gifts made in a Will to a beneficiary who predeceases the maker of the Will lapse upon the death of the specified recipient. So under common law, if you left Bob your autographed Joe Montana football in your Will and Bob passed away before you, then the gift to Bob would lapse and the football would pass under other provisions of the Will, usually the residuary clause. So what would happen in Florida?

Florida law states that unless a contrary intent appears in your Will, if a beneficiary (who is a grandparent or descendant of a grandparent) (i) is dead at the time of the execution of the Will; (ii) fails to survive the maker of the Will; or (iii) is required by the Will to be treated as having predeceased the maker of the Will, a substitute gift is created in the predeceased beneficiary’s surviving descendants. I will explain this to you in plain English.

The first requirement of the antilapse statute is that the beneficiary must be a grandparent or the descendant of a grandparent. This means if you created a family tree with your grandparents at the top, then everyone below them in the family tree would be included under the descendant of a grandparent. Examples are your parents, your aunts and uncles, first cousins, siblings, nieces and nephews and your children. So in our example above, if Bob is your first cousin, he would be qualify for the antilapse statute as a beneficiary. If Bob is your best friend but not related, then he would not.

The second requirement of Florida’s antilapse statute is that the beneficiary you named must have predeceased you. If the beneficiary named is still alive, the antilapse statute never comes into play. So again, if your cousin Bob passed away 6 months before you do, then the Joe Montana autographed football would pass accordingly under the antilapse statute.

If the two requirements are met, then the antilapse statute will modify the gift you leave by making it a per stirpes gift. So if your cousin Bob passes away before you do, the antilapse statute will pass the autographed Joe Montana football to Bob’s children equally. So if Bob had more than one child, then the football would either be sold and the proceeds split or the child who takes the football would owe the other children some sort of compensation.

However, the three paragraphs written above can all be thrown out with the trash if you make a contrary intent clear within your Will. So if you want Bob and Bob only to receive the football, make sure the gift to him reads something like “my Joe Montana autographed football to my cousin Bob, not per stirpes. If Bob does not survive me, then this gift shall lapse and be passed as part of the residuary estate below.” If you only state “my Joe Montana autographed football to my cousin Bob”, then the antilapse statute will create a per stirpes distribution.

Continue reading "What Happens To A Gift When Someone Predeceases You" »

Has someone promised you that you will receive a specific item or an amount of money in their Will? Is that even enforceable? The simple answer is it depends (don't you love attorneys). In Jacksonville, Florida, I am asked often whether or not I can create a document ensuring that someone will receive a specific inheritance or not. You can create a contract that deals with an inheritance but you must treat it just like you do a Will when executing the contract.

Florida Statute 732.701 states "no agreement to make a Will, to give a devise, not to revoke a Will, not to revoke a devise, not to make a Will, or not to make a devise shall be binding or enforceable unless the agreement is in writing and signed by the agreeing party in the presence of two witnesses." Translating that into English, it means that you can make an agreement regarding a specific devise or create a will. It just cannot be a hand shake deal or a hush hush deal.

To make the agreement valid, it must be in writing. Again, it cannot be an agreement sealed with a hand shake like the old days. The agreement also must be signed by the agreeing party. This is required in general contracts as well. The person to be sued must have actually signed the agreement otherwise there is no proof they agreed. Finally, it must be signed in the presence of two witnesses who also signed the agreement.

Do these requirements sound familiar, they should? They are the same requirements to create a valid Will in Florida. And just like creating a Will, it is best to have an attorney involved when drawing up a contract or agreement to receive a specific devise or to create a Will. A very simple mistake could cost you more than you think.

So when executing a contract regarding your possible inheritance, please make sure you sign it in front of two witnesses.

Continue reading "Can I Make A Contract To Guarantee My Inheritance?" »

When I talk about “your stuff” I’m talking about jewelry, furniture, clothing, family heirlooms and collectibles. A lot of times it is this stuff that brings about hard feelings and arguments upon death.

One way is to give it away while you are alive. I have had family members give me family heirlooms while they are alive so that they know that I actually get the item. For instance, my grandfather gave me a retired police badge from my great-great uncle. He wanted to make sure I received it since I am in the law field.

Another way to pass “your stuff” is through a letter stating what item(s) go to whom. Florida Statute 732.515 allows you to pass your personal property through a writing that is signed. The best part about this is that you may change the letter as many times as you’d like without the need of any witnesses or notaries. I have a client who modifies her list every year after the holidays based upon who called her and how long they talked.

An important thing to remember though is that in order for the letter to pass “your stuff”, the letter must be referenced in your Will or trust. Without any reference in your estate planning document to the letter, “your stuff” will pass according to your residual clause in the document.

One last bit of information in regards to passing “your stuff”. As I stated above, it is the stuff that usually causes arguments among family members. One way to avoid this is to have your beneficiaries let you know what they may want should something happen to you. Next time your family gets together, give each person a different set of colored sticky notes and have them go throughout the house and put sticky notes on items they may want. Where multiple sticky notes exist, you will know to deal with those items so it is clear who is getting what.

Continue reading "How to Pass "Your Stuff" According to Your Wishes" »

I am often asked how you can revoke your current Will. There are several ways to revoke your Will under the Florida Statutes. Section 732.505 allows you to revoke your Will by writing in one of two ways. First you may expressly revoke the Will by signing a document, in front of two witnesses, stating you are revoking your Will. It is important that you execute that writing just like you would your Will. Second, you may create a new Will which is inconsistent with the old Will. However, the new Will will only control where the inconsistencies are, not overall. Essentially, you would be working under two different Wills. The easiest way by writing is to create a new Will and specifically state that you are revoking any and all prior Wills or codicils (changes to a Will). Section 732.509 states that revoking the original Will also revokes any codicils to that Will.

Section 732.506 allows you to revoke your Will by actions. The statute reads “A will or codicil is revoked by the testator, or some other person in the testator’s presence and at the testator’s direction, by burning, tearing, canceling, defacing, obliterating, or destroying it with the intent, and for the purpose, of revocation.” So this means that if you tear the Will in half, burn the Will in your fireplace or write all over the Will that the Will is revoked. However, please be weary that there is case law out there that states that if you tear or write on the Will, but the words of the Will are not impacted at all and only the margins are modified, then the Will is still in full force and effect. So if you wish to write on your Will to revoke it….act like a child and write all over the words of it!

So, the moral of the story is that if you really want to revoke your Will, ask an attorney how to properly handle the revocation. Most attorneys will offer to shred the Will for you, thereby completely destroying the Will.

As simple as this may sound, it is very important to revoke your old estate planning documents properly. Several years ago, I was involved in a probate, along with about 23 other attorneys, because someone passed away with 3, yes 3, different estate plans from 3 different attorneys. The problem is that none of the plans were revoked. About 5 years and $4M later, the probate was settled but it cost the estate dearly because a lot of property was sold in order to pay for all the legal fees.

Continue reading "How Can You Legally Revoke Your Will?" »

I recently was having breakfast with a friend and he asked me what would happen to his assets if he passed away. The twist to the question is that he is recently divorced and his Will stated that everything was to be passed to his wife.

Section 732.507 states that "after a dissolution, divorce, or annulment, the Will shall be administered and construed as if the former spouse had died at the time of the dissolution, divorce, or annulment of the marriage, unless the Will or the dissolution or divorce judgment expressly provides otherwise."

Applying this statute to my friend's scenario, his ex-wife will be deemed to have predeceased him since they are now divorced and all of his assets will pass as if she had already passed away.

Continue reading "What Happens To Your Will When Your Life Changes?" »

Section 732.504 states that any person who is competent to be a witness may serve as a witness. Further, it is important to note that a beneficiary of the will may serve as a witness to the will.

Although a beneficiary may serve, I do not believe it is a good idea as a witness may need to be called to serve as an actual witness in the probate proceeding. An interested witness's testimony may be seen as self-serving and not be worth much to the trier-of-fact. Whenever it is possible, it is best to have a non-beneficiary serve as the witness to your estate planning documents.

Continue reading "Who May Serve as a Witness to the Signing of a Will" »

The prevalence of blended families has led to an increase in the number of wills that are contested each year in Florida probate courts, especially since Florida law does not recognize a no-contest clause in a will as anything more than a statement of intent.

A Florida will can be contested if:

The testator – the person making the will – lacked testamentary capacity at the time the will was made. A testator must understand what his or her assets are, and know the people who will be receiving them. A Florida will may be voided if it has been made by someone who is mentally incompetent or who has had his or her capacity impaired by dementia, illness or medication.

Undue influence was involved. This can occur when a testator is coerced through improper pressure or threat to execute or revise a will, usually to the benefit of the person or persons bringing the pressure to bear. This usually happens when an elderly testator is ill or suffers a decline in mental capacity, which causes them to be unduly influenced by the purpose of another.

It was executed improperly. A valid will must be signed by the testator and witnessed by two other people, and cannot be executed by fraud or under duress.

Some states allow what is called a "no contest clause" which means if you attempt to contest the estate planning document, you lose your share of the estate given to you in the estate plan. However, under Florida Statute 732.517, those clauses are unenforceable within a Will.

Continue reading "Reasons for Contesting a Florida Will" »

If you’ve experienced – or are about to experience – a big change in your life, chances are that change should also be reflected in your will.

There are two ways to change your will – by modifying it with a codicil, or by drawing up a new will.  It is usually easiest – and helps reduce any potential for confusion – to create a new will when something major happens in your life:

Marriage – both spouses should create new wills after they get married.  If the marriage brings stepchildren into the picture – and you want to include them in your will – you must specifically name them, unless you have legally adopted them.

Divorce – suffice it to say, if you’ve divorced someone, you probably don’t want them getting any (more) of your assets.  While a divorce judgment revokes a gift made to your spouse in your will in most states, you should make a new will after your divorce.  Not to mention to completely redo the beneficiary designations on life insurance and retirement plans.

Birth – you should establish guardianship for a minor child in your will.

Death – if someone you have provided for in your will dies before you do, a new will should be made to redistribute the asset.

In addition, you will need to create a new will if you have disposed of any property that you gifted in your will or if you change your mind about a beneficiary.

Continue reading "When Should You Change Your Will" »

Confused when your estate planner asks if you want the distribution to be per stirpes or per capita?  You are not alone.  Most people, including some attorneys, do not know the difference between a per stirpes distribution pattern and a per capita distribution pattern.  The very best way to explain it is with an example.

Assume Parent 1 has Child A and Child Z.  Child A has two children b and c and Child Z has one child y.  Under either a per capita or per stirpes distrubtion, when Parent 1 dies, Child A and Child Z each get ½ of the property.  Also under each system, if Child A predeceases Parent 1, upon Parent 1’s death, Child Z will still get ½ and children b and c will each get ¼ (sharing in Child A’s ½ share).

The difference between the two distribution patterns is shown if Child A and Child Z both predecease Parent 1.  In a per stirpes distribution pattern, children b and c will each get ¼ (sharing in Child A’s ½ share) and child y would get ½ (Child Z’s share).  In a per capita distribution pattern, children b, c and y each would get a 1/3 share.

Continue reading "Per Stirpes v Per Capita" »

A study conducted by Harris Interactive for Lawyers.com shows that around half of Americans have no estate planning documents in place.  The biggest reason for that was that many were deterred by the legal cost and erroneously believed that without a large amount of assets, they had no need to plan at all.

First, the legal cost of setting up an estate plan is, in most cases, going to be less than your heirs have to spend in legal costs.  Your heirs will have to hire an attorney to probate their estate.  The legal fees usually end up being much higher to probate the estate than they would have been to have a proper estate plan in place which completely avoids probate.

Second, most mistakenly believe also that your surviving spouse automatically gets all your assets, no matter how much or how little, upon your death.  Actually, only 16 states allow a surviving spouse to inherit everything.  Most states have some sort of split between the surviving spouse and the decedent’s children.  This can get messy with blended families.

Continue reading "Study Shows Most Americans Do Not Have An Estate Plan" »

Do you have a beneficiary that you want to leave something to but it may not be exactly what they are expecting?  If so, you may worry that they may fight their inheritance in court.  To eliminate this worry, many estate planners insert what is a called a "no contest" clause into your will or trust.  

A no contest clause is a statement in your will or trust that states that a beneficiary contesting or objecting to their inheritance will received nothing under the will or trust.  Essentially what you are telling the beneficiary is that if they throw a fit over their inheritance and attempt to fight it in court, they get NOTHING. No contest clauses are completely dependent upon state law.  In Florida, they are not valid.  Florida law specifically states that a no contest clause is unenforceable.

One way to get around this worry is to let your beneficiaries know before you pass away exactly what they are getting and why. This is make it clear to everyone why your estate plan reads the way it does and not cause any surprises to arise upon your death.

Continue reading "No Contest Clauses: What Are They, Are They Valid And If Not, Ways To Get Around That Hurdle" »

In Florida, there are requirements that must be met in order for a last will and testament will to be valid. The person writing the will, also known as the testator,  must be at least 18 years old and competent when he or she signs the will; the will must be written and witnessed by two individuals, both of whom must sign the will in the presence of the testator and each other; and the testator must sign the will at the very end of the will itself and in the presence of the two witnesses.

If a will is not executed according to Florida law, a probate court will not approve the will and the estate will be distributed under the state's intestacy laws, which means that the state has set up a will for you but usually will not distribute the assets according to your wishes. While Florida requires that a will be written, it does not have to be typed and can be handwritten. A handwritten will, sometimes referred to as a holographic will, is valid as long as it is properly executed under Florida law (two witnesses, signed at the end, etc.).

Continue reading "Requirements of a Valid Will in Florida" »

I have a lot of clients come in and say they have a Will. When I ask them to show me, they end up handing me their Living Will and vice versa. Why is there such confusion and what are they really?

Well first off, I believe the confusion comes from the fact they both have "Will" in their names. Some attorneys prepare estate planning documents for clients without really ever meeting with the client. Without the education of an estate plan and what each document does, the client will not know the difference between the documents.

A Will, also known as a Last Will and Testament, is a legal document that states how you want your assets to pass upon your death and who you want to be responsible for passing on the assets. The Will does not have any effect until you pass away. Whereas, a Living Will, is a legal document which says that if you are in a persistent vegetative state, do you want any life saving measures to be taken to keep you alive and whether or not you want nutrition and hydration to be withheld. Essentially, to allow you to die naturally. This document comes into play while you are alive but being kept alive purely by artificial means. A Living Will allows you to let others know what you want to have done in that situation so that you do not have to put the burden of the decision on someone else. In some instances, the lack of a Living Will can cause a legal battle, aka Terri Schiavo.

Continue reading "What is the Difference Between a Will and a Living Will?" »

You hear a lot about wills these days, even on radio commercials saying that you can create a will yourself online. I have seen several online wills come through my office and a lot of them are not valid here in Florida. So how do you create a valid will in Florida?

First, the will must be in writing. A will cannot be oral. The person creating the will must be 18 years of age when they create the will. The person, when they sign the will, must have the mental capacity to do so. A rule of thumb regarding capacity is that if the person knows who they are, who their heirs are and what they have, they are competent to sign the will.

A valid will must also have 2 witnesses to it. Without a witness, a will is not valid in Florida. Finally, although it is not a legal requirement, a will should be notarized so that when it is probated, the witnesses do not need to come testify that the person did in fact sign the will in their presence. The notarized statement is called a self-proving affidavit. Again, this is not required but it does help.

Continue reading "How to Create A Valid Will In Florida" »

It is that time of year when your children are getting ready to graduate from high school and head off to college. One thing that is always left off the list of to-dos is a Last Will and Testament, Living Will, Health Care Surrogate and Durable Power of Attorney for your child.
Your child is going to start accumulating assets from this point forward by setting up a checking account, if they do not already have one, and probably getting some sort of a job to supplement their spending habits in college. Without a Last Will and Testament naming someone to take ownership of their assets upon their untimely death, the State of Florida (or whatever state you live) has made a Last Will and Testament for them.
Unfortunately, accidents tend to happen while children are away at college and medical decisions need to be made for their benefit. Without a Health Care Surrogate or Living Will in place, you will not be able to have a say in how your child is taken care of.

Continue reading "Its Graduation Time, Now Time for a Will" »

Many people wait to create their first will due to some life-changing event that occurs. Having children, getting married, or even losing a loved one. Whatever the motivation, everyone needs to have an estate plan or a completely new one if the old one is really old. There is more to an estate plan than just a will. Some people even have pieces of an estate plan already created, such as a living will signed due to an elective surgery or a beneficiary form for a 401(k) for a job. All the pieces need to fit together. The beneficiary forms signed for life insurance and retirement accounts control who gets those assets, not your will. However, a will is still an important part of an estate plan.

The simplest will simply state who gets what after death. A standby trust is created for the benefit of the children if both parents pass away. Incapacity documents include a financial power of attorney, a health care power of attorney, and a living will. All of these are included in an estate plan. Also, important pieces of information must be determined in your will, such as a guardian for children and a trustee to manage any money set aside for the children. An executor of the will also needs to be named to handle the estate after you pass away. Other than providing estate plans for your personal life, business owners also need to have an estate plan providing the information for your business after you pass away.

After putting together all the documents, make sure to sign them and provide a copy for your executor. And do not fear writing a will because of its permanence. It can always be changed or completely redone. The importance is having one.

To read more on this article, visit How To Write Your First Estate Plan.

Continue reading "Wills are for Everyone" »

Change is a part of life – unfortunately, it is also a factor in derailing many estate plans that have not been updated to account for new circumstances.

The most common mistakes that effect estate plans of any size include:

Heir Designation – estate plans should be reviewed annually to ensure that the proper beneficiaries are designated.  Too often ex-spouses or even those who have already pre-deceased the benefactor are listed as beneficiaries in estate plans that have not been updated for years.

Titling Assets – failure to properly title assets in the name of the trust has resulted in the unnecessary payment of additional estate taxes that the trust was established to prevent in the first place.  Failing to designate the proper beneficiaries on retirement account plans has also brought about many unpleasant and unintended consequences.

Heirs Cannot Pay Taxes – many times the heirs to a wealthy estate cannot afford to pay the taxes on their inheritance, which is due nine months after a benefactor’s death.  The assets left to them may be illiquid, leaving them to sell at a loss or borrow to pay the taxes.  Purchasing life insurance to cover the taxes is a simple solution to this problem.

Wrong Executor – unless a family member is a skilled legal or financial advisor, it’s usually best to name someone with those skills as your executor, especially for a large estate.

For more information on asset protection trusts as well as retirement and estate planning, contact our Jacksonville Florida estate planning law firm.

The death of child actor Gary Coleman should serve as a reminder to us all of the importance of having an advance medical directive.

After suffering a major brain hemorrhage sustained in a bad fall, Coleman was placed on life support at a Utah hospital while doctors consulted with the woman they believed to be his wife – but who, it turns out, had been divorced from Coleman in 2008.  She was no longer legally able to provide direction for his care.

Luckily, Coleman had drafted an advance medical directive, no doubt because of his long history of health problems.  Medical authorities followed his wishes as laid out in that directive, and he was removed from life support and died shortly thereafter.

Advance medical directives include:

Living Will – a document that specifies what kind of medical treatments should take place in case you are incapacitated.

Health Care Proxy – a document that designates a person who can make health care decisions for you in cases where you cannot.

Durable Power of Attorney – a document that gives the power of attorney to others to make financial transactions for you in case you are medically incapacitated.

For more information on advance medical directives and Florida estate planning, contact our Jacksonville Florida estate planning law firm.

When you think of a will, most people of a certain age would probably picture a parchment scroll with old English lettering declaring the Last Will and Testament of the departed. And indeed, the will is a legal document with a long history, requiring only paper, writing instrument and witnesses to execute and become legally binding.

So does modern technology have a role to play in the creation of a 21st century will? Should you create a video will for your surviving heirs?

The answer is, it depends. A video will is when the testator – the person whose will it is – reads his or her will on camera. A video will provides the testator with a last forum for explaining their bequests, if such explanations may be necessary.

The main benefit of creating a video will is if the testator’s mental competence could potentially be called into question by heirs. In this way, a video will functions more as evidence of competence should that person’s “sound mind” be called into question in court.

However, you should be aware that a video will cannot replace an official paper copy, drafted by a knowledgeable attorney and signed by you and two witnesses. A video will alone is not sufficient to hold up in probate court.

If you are considering the incorporation of a video will into your estate plan for any reason, consult with your estate planning attorney before you proceed. It is important that your estate planning attorney is present for the taping of your video will, and that you consult with him or her beforehand as to the content of your video will.

Pretermitted heir is a legal term that describes a person who would likely stand to inherit under a will, except that the testator (the person who made the will) did not know, or did not know of, the party at the time he or she made the will. Pretermitted spouses and children are governed under Fl. Stat. §§ 732.301-.302.

Pursuant to Fl. Stat. § 732.301, a surviving pretermitted spouse shall receive a share in the estate of the testator equal in value to which the surviving spouse would have received if the testator would have died intestate. However, there are 3 exceptions:
1. If a pre- or post-nuptial agreement has been made and the spouse has waived this right or a provision has been made in the agreement.
2. If the spouse if provided for in the will.
3. The will discloses an intention not to make provision for the spouse.

Pursuant to Fl. Stat. § 732.302, a child, born or adopted, after the testator made his or her will and the child has not received his or her portion by way of advancement, the child shall receive what he or she would have received had the testator died intestate, unless
1. It appears from the will that the omission was intentional, or
2. The testator had one or more children when the will was executed and divested substantially the entire estate to the surviving parent of the pretermitted child.

Continue reading "Florida Law Governing Pretermitted Heirs - Spouses and Children" »

Joint tenancy was never intended to replace a will, but there are some people who believe that if they have a joint tenancy agreement that leaves all their property to a partner, there is no need for a will or further estate planning.

However, even though joint tenancy might help your heirs avoid probate, it also can create a number of other problems and is not a replacement for a will or estate plan.

The fact is that in setting up a joint tenancy agreement, you are giving away part ownership in your property and, once given, it is hard to get back. Many times, joint tenancy is set up by a parent for the benefit of his or her children. But those heirs now have rights that you cannot take back, and may choose to sell that property or lose it in a divorce or lawsuit.

In addition, owning property in joint tenancy with children will not minimize estate taxes—In fact, it could increase your taxes. And if you own property in joint tenancy with more than one child, they cannot leave their share of the property to their own heirs.

For spouses who own property in joint tenancy, there are also drawbacks. If one spouse becomes incapacitated, the other would not be able to sell or mortgage the property – which they may need to do to satisfy medical debt or cope with loss of the other spouse’s income -- without obtaining a conservatorship from the court.

While joint tenancy may be quick and somewhat easy to achieve, it is not the right solution to avoid probate. You should instead consult with an estate planning attorney to create an estate plan to protect your assets and your heirs.

Creating a will does not need to be a complex process, but it does take some forethought and preparation prior to meeting with your estate planning attorney to finalize it.

Here is a checklist for getting ready to prepare your will:

1. List all the property you want included in your will. If you have significant assets, these may need to be protected by a trust, which you can discuss with your estate planning attorney.

2. Make a list of your beneficiaries. Decide who you want to inherit the property you have already listed. Be sure to identify secondary beneficiaries in case the primary ones die before you do.

3. Select an executor. Every will must include the name of the person you designate – an executor -- to carry out the terms of your will. It should be someone who is willing to serve, and you should notify them that you have named them as the executor of your will.

4. Determine a guardian for any minor children. If you have children 17 or younger, and there is not another parent to raise them, you will need to name a guardian in your will.

5. Determine a trustee for property you leave your children. If you are leaving significant property to your children and they are young, you should name a trustee or property guardian to manage it for them.

Once you have finished all the items on this checklist, you are well prepared to execute a will with the assistance of a Florida estate planning attorney.

A Johnstown, Ohio woman wrote her own last will and testament in a fashion that made it hard to miss – on a large piece of plywood.

Marilyn Rhodeback, who died at age 73 last April, first wrote her will on the piece of wood in 1996. She was living in Florida at the time, and her husband had recently died without a will. Inspired by his oversight, she took a piece of shelving left over from a shelf she had built for a microwave oven and scribbled her last will and testament.

Over the years, she made a few changes, which she dated and had her sisters witness. The final version was witnessed in early 2010. Prior to her death on April 7, she asked her daughter to bring her will to the hospital. The daughter, Debra McHugh-Clark, called her mother when she couldn’t find the will. "Never in my wildest dreams did I think that an actual piece of wood was what she was talking about," McHugh-Clark said.

Probate attorney Larry Shafer took the plywood will to the Licking County (Ohio) Courthouse for probate. He noted that, “It was a first for all of us, but it was an original, in her handwriting, and the court considers it a legal document.”

If you are interested in taking a more conventional approach to writing your will, contact our Jacksonville estate planning law firm.

New York Times writer Tara Siegel Bernard wondered how difficult it would be to write her will using an off-the-shelf will writing software program, and in doing so crafted a pretty good column about the do-it-yourself will process.

She tested four of the most popular will writing programs, and then consulted with an estate planning attorney to review her final drafts to see if there were any errors or obvious omissions. What she found was that in each case, there were both.

As we have counseled many times before, just because you can do something does not mean you should. The will writing software programs Bernard tested ranged in price from $19.95 to $91.95, and each featured a different set of bells and whistles to guide the novice through the process.

However, as Bernard notes, you don’t know what you don’t know...and when she consulted with her attorney, she found many potential problems. In one case, she had left it up to the state of New York (where she lives) to decide how she wanted to pay estate taxes because she didn’t know how to answer that question. And the software could only ask the question, not help her answer it.

In another instance, the attorney questioned how the software program defined descendants and pointed out that if Bernard wanted to leave something for grandchildren, there was no way to do that with that particular program.

The attorney also found several potential tax issues among all the programs – issues that a novice would be totally uninformed about unless sitting across from an estate planning attorney.

Her bottom line? To get your will right, get an attorney.

For the first time in history, a comprehensive database of wills has been made available online at Ancestry.co.uk, the British version of the genealogical website Ancestry.com.

The National Probate Calendar is a summary of all the wills in England and Wales from 1861 to 1941 and provides information on over six million estates, including the name of the deceased, when and where they died, the name of their executor and, in many cases, details on specific bequests.

What has captured the most attention is, of course, the notable names who passed on during that time period, and the value of their estates. For example:

Karl Marx carried his anti-capitalism beliefs to the grave, leaving an estate worth only $390 ($36,000 today).

Charles Dickens died with an estate worth $125,000 ($11 million today).

Charles Darwin left his heirs in good shape, with an estate of $230,000 ($20 million today).

Arthur Conan Doyle, the creator of Sherlock Holmes, died in 1931 with almost $100,000 (about $4.7 million today).

Over 18,000 people in The National Probate Calendar died in the U.S., and the database contains the wills of several well-known American family members, including John Astor and Benjamin Guggenheim, who perished on the Titanic.

You can leave your own place in history – and make things a lot easier on your family – if you have a will. For more information about creating a will, contact our Jacksonville estate planning law firm.

If you die in Florida without a will (the terminology is “dying intestate”), all your assets will be divided among your immediate family (spouse and children).

If you are married without any children, your entire estate will go to your spouse.

If you are married with at least one child, the first $60,000 of your estate (above and beyond any homestead entitlements) plus 50 percent of the remainder of your estate will go to your spouse.   The rest will be divided among your children.

If you have no spouse or children, your assets will pass to your parents.  If your parents are no longer living, your estate will go to your siblings.

If you have no family whatsoever, your assets will go to the state.

Anyone who is over the age of 18 and of sound mind can execute a valid will, which must be in writing and signed in front of witnesses who are not named in the will as a beneficiary.

However, to ensure that your wishes are carried out as you intend them, you should consult with a Florida estate planning attorney, who can help you prepare a will as well as advise you about the many estate planning tools available to help you protect your assets and your heirs.

If you need more information on a Family Limited Partnership or other asset protection vehicles, contact our Jacksonville Florida estate planning law firm.

If your phone contact list includes both a pediatrician and a gerontologist, welcome to the sandwich generation, that growing demographic segment of the population who are taking care of their parents and their kids at the same time.

Besides healthcare, many of us are also taking on more responsibility for helping older parents manage their finances.  If you are currently tasked with that responsibility – or will be at some point – here are some things to put on your checklist:

Prescription drug coverage. Is the Medicare drug program your parents chose a year or two ago still the right one for them?  Most seniors find the plethora of choices confusing, so defer making any changes they might need.  Mark Nov. 15 on your calendar, which is the start date for Medicare’s open enrollment program (it ends on Dec. 31).  Visit www.medicare.gov and use the online prescription drug plan finder to find the best plan for them.

Retirement account distributions. If you have parents over the age of 70 ½, they must take the required minimum distributions from their qualified retirement accounts by the end of each year.  If they don’t, whatever is left over on Dec. 31 is subject to a 50 percent penalty.  You can set up automatic deductions to solve this problem as well.

Estate planning.  If they have not done so already, your parents need to visit with an estate planning attorney.  Estate planning laws change constantly, so even if they do have an estate plan in place but haven’t updated it in awhile, they need to do so.

For more information on retirement and estate planning, contact our Jacksonville Florida estate planning law firm.

Although the names are almost the same, there is quite a difference between a Will and a Living Will.

Basically, a Will is the written expression of your wishes for the disposition of your assets following your death. It ensures that the assets you have are distributed to the people you want to have them after you die. If you die without a Will, the court will make those decisions for you.

A Will usually contains the following elements:

• List of beneficiaries
• List of alternate beneficiaries, in case a primary beneficiary predeceases you
• Named executor of your estate as well as an alternate in case the primary executor is unable or unwilling to act
• Named guardian of any minor children, as well as an alternate
• Bequest assignments to beneficiaries
• Instructions on when and/or how minor children can inherit
• Requests for burial or cremation

A Living Will is separate from your Will and provides health care directives in case you have a terminal condition where your death is imminent or you are unable to make your wishes known. Your Living Will lets family and medical professionals know if you do not wish to have treatment that artificially prolongs your life (or if you do), and should be made a part of your medical record.

Both a Will and a Living Will should be part of your comprehensive estate plan; a Florida estate planning attorney can help you in drafting these important documents.

An auction is scheduled to sell some personal items of the late Lucille Ball and her second husband, Gary Morton. Morton and Ball were married until Ball's death in 1989, Morton later remarried. The items offered at the auction were consigned to Heritage Auction Galleries by Morton's widow, Susie Morton. Susie Morton is now battling the daughter, Lucie Arnaz Luckinbill, of Ball and her first husband and "I Love Lucy" co-star, Desi Arnaz.

Among the items up for sale are the couple's Rolls Royce, photos, sketches, love letters between Morton and Ball as well as some of the actress' awards.

Susie Morton sought a judge's ruling declaring the auction can proceed. Luckinbill stated she will go to court to try and stop the auction if the items she requested are not returned to her. Luckinbill is requesting the return of seven love letters, Ball's address book, some portraits and several lifetime achievement awards.

Cases like this happen all too often because people do not keep their will up to date. It is important after any major lifetime occurrence or event that you update your will to include in property that may be of value to your or your loved ones.

Continue reading "Heirs Argue over Lucille Ball Auction in Los Angeles, California " »

The battle continues over the former childhood star's estate. Gary Coleman's ex-wife Shannon Price and former business associate, Anna Gray continue to argue over who Coleman left as the beneficiary of his estate. In the meantime, Robert Jeffs, an attorney, has been appointed as the estate's temporary special administration.

Coleman and Price were divorced in 2008, but were living together at the time of Coleman's death. One one hand, Price argues that she was Coleman's common-law wife and has filed a hand-written document from 2007 that would give her Coleman's estate, if validated by the court. On the other hand, Coleman signed a will in 2005 that named Gray, from Portland, Oregon, as executor and awarded her all of his estate.

It is expected to take Utah District Judge, James Taylor, several months to conduct a trial that will determine which document is Coleman's last legal will and, thus, who will be awarded Coleman's estate. Until then, Coleman's remains are expected to be cremated and locked into a vault by Jeffs. There is no debate over whether or not Coleman wished to be cremated; the 2005 will called for his remain to be cremated as well as an earlier will made in 1999. Although both these wills are in agreement over Coleman's cremation, the wills contradict each other over whether or not Coleman wanted to have a funeral service. The 2005 wills states "there be no funeral serve, wake, or other ceremony memorializing my passing." However, the earlier 1999 will states gives instructions on who could and could not attend any funeral or memorial service. To read more about the battle of Coleman's estate see Gary Coleman's estate may take months to resolve.

Coleman's case happens all to frequently; where different and conflicting wills are created throughout one's lifetime. It is important to keep your legal will up to date. A legal will ensures your interests are protect and your estate is divested the way you intended. Contact a Florida Estate Planning Attorney to draft a legal will, update a previous legal will or discuss any questions or concerns you may have regarding the planning of your estate.

If your phone contact list includes both a pediatrician and a gerontologist, welcome to the sandwich generation, that growing demographic segment of the population who are taking care of their parents and their kids at the same time.

Besides healthcare, many of us are also taking on more responsibility for helping older parents manage their finances. If you are currently tasked with that responsibility – or will be at some point – here are some things to put on your checklist:

Prescription drug coverage. Is the Medicare drug program your parents chose a year or two ago still the right one for them? Most seniors find the plethora of choices confusing, so defer making any changes they might need. Mark Nov. 15 on your calendar, which is the start date for Medicare’s open enrollment program (it ends on Dec. 31). Visit www.medicare.gov and use the online prescription drug plan finder to find the best plan for them.

Retirement account distributions. If you have parents over the age of 70 ½, they must take the required minimum distributions from their qualified retirement accounts by the end of each year. If they don’t, whatever is left over on Dec. 31 is subject to a 50 percent penalty. You can set up automatic deductions to solve this problem as well.

Estate planning. If they have not done so already, your parents need to visit with an estate planning attorney. Estate planning laws change constantly, so even if they do have an estate plan in place but haven’t updated it in awhile, they need to do so.

For more information on retirement and estate planning, contact our Jacksonville Florida estate planning law firm.

Many Americans have the mistaken belief that estate planning is just for the wealthy, but that is not the origin of the term “estate” planning.

Everyone who dies owning property or other assets leaves an “estate.”  If you do not have property that would normally go through probate, then having a will is probably good enough.  And drawing up a will is an important part of estate planning.

Another important part of estate planning is developing advance directives, which spell out your wishes in terms of healthcare and/or property management.

Some other reasons for having an estate plan include:

• You have children from one or more marriages or relationships
• You have minor children
• You have a disabled child
• You have no heirs but want your property dispersed to someone other than the state
• You have heirs you want to disinherit

Whatever the size of your “estate”, it is a good idea to formulate an estate plan that reflects your wishes after you’re gone.

For more information on Florida estate planning, contact our Jacksonville Florida estate planning law firm.

What are the basic estate planning tools that you can use to protect your family – and your assets – no matter what age you are right now?

Will – if you die without a will or a living trust in place, your assets will be divided up according to state law.  And you might not like it.  Are you on a second marriage?  Just been through a divorce?  Without a will designating how your assets will be distributed, you will be leaving a mess for your heirs to clean up.

Financial Power of Attorney – this allows you to designate a responsible party to handle your financial affairs in case you become incapacitated.

Living Will – a living will or a healthcare power of attorney designates someone to make major healthcare and/or end-of-life decisions for you when you cannot, according to your wishes.

Beneficiary Forms – even if you name the beneficiaries of retirement accounts or life insurance policies in your will, if those names are not on the account or policy’s beneficiary form, they will not receive them.

Title Your Assets – if you have set up living trusts for your spouse or children, you must be sure to retitle the assets in the name of the trust or the living trusts are invalid.

Need to learn more about protecting your family through careful estate planning?  Contact our Jacksonville Florida estate planning law firm.

A University of Michigan study on the effectiveness of advance directives (living wills and durable powers of attorney) shows that medical professionals almost always respect the wishes of people who have advance directives in place.

The study, published recently in the New England Journal of Medicine, is one of the largest ever done on the effectiveness of advance directives.

From an article on the study in the Los Angeles Times:

In a study of 3,746 deaths, researchers found that 42.5% of patients had faced treatment decisions near the end of their lives but that more than 70% of those people had lacked the ability to make choices because of their mental or physical health. Among that group, however, the majority -- 67.6% -- had advance directives.

Moreover, the instructions left in the advance directives were almost always carried out by surrogate decision-makers. The will of the patient, said the lead author of the study, prevailed.

"This is a big change from the early '90s, when studies reported that only about 20% of people had advance directives," said Dr. Maria J. Silveira, a clinical scientist at the Veterans Affairs Ann Arbor Healthcare System and an assistant professor at the University of Michigan. "I think it shows the public has bought into this and thinks it's important."

Silveira used data from the long-running Health and Retirement Study, which surveys adults ages 51 and older nationwide. In analyzing data from people ages 60 and older who died between 2000 and 2006, researchers found that of the 398 incapacitated people who had used a living will to request limited care at the end of life, almost 83% received it. Limited care was described as care in only certain situations.

Of the 417 incapacitated people who had requested comfort care in a living will, 97% received it. Comfort care was described as being kept comfortable and pain-free while forgoing extensive measures to prolong life.

If you need more information about living wills or durable powers of attorney, contact our Jacksonville Florida estate planning law firm.

According to a recent Harris Interactive national survey, half of American adults do not have even the most basic estate plan in place to protect them and their assets.

The survey, detailed in a recent article in Forbes, showed:

Of those surveyed, only 35% have a will directing who gets their assets and only 29% have a living will that states their views on end of life medical procedures. Not surprisingly, older Americans were more likely to have made some preparations: 77% of adults over 55 had signed at least one of the needed documents, compared with 24% of those under 35. There was no noticeable difference in planning between men and women, but Americans with more education were far more likely to have planned.

Even the oldest respondents were hardly well prepared. For example, only 48% of those 65 and older said they a financial power in place authorizing someone to make financial decisions for them if they were incapacitated and only 51% said they had a health care power in place. Perhaps spurred by hospital admissions personnel, who usually ask if admitted patients have a living will, 58% of those 65 and older reporting having this crucial document.

The survey delved into why so many Americans lack estate planning documents. In a sign that the recession is taking its toll on planning, 44% of those without any documents said the reason was because they were more focused on "essentials" like paying bills and buying groceries. Feeding the neglect, however, were misconceptions about the primary purpose of estate documents or what might happen if someone hasn't planned.

If you need more information about retirement plans, contact our Jacksonville Florida estate planning law firm.

If you’re like most people, you may believe that your estate planning duties are done once you make a will.  Wrong.  There are several important things a will can do for you, like distribute family heirlooms, but there are just as many – if not more – important things it cannot do:

Avoid probate – if you leave property to someone through your will, it will not be passed on to them except through probate court proceedings, which can take a year or more.

Reduce estate taxes – a will won’t help you reduce estate taxes; you will need to set up some kind of a trust to do that.

Provide care – if you wish to provide for someone with long-term care needs, a will cannot do this for you.

Distribute some types of property – a will cannot allow you to distribute property that you co-own with someone else or have transferred to a living trust, the proceeds of a life insurance policy, stocks or bonds held in transfer-on-death form, money in a payable-on-death account, or money in a pension plan, IRA, 401(k) or other investment account.

Provide for pets – pets cannot own property, so to provide for them properly after your death, you will need to designate a caretaker for your pet and leave appropriate pet care funds for them.

To learn more about the proper uses of wills and trusts, consult a Florida estate and tax planning attorney.

My last blog began a series of questions you should ask yourself to see if your estate plan needs to be updated.  Again, if you answer “No” or “I don’t know” to any of the questions, please set up a consultation with us so that we may review your estate plan with you to either tell you what it says or update it so that you have an estate plan that works for you and your families needs:

1. I am satisfied with the persons I named as guardians of my minor children in my current plan.
2. I am satisfied with the persons I named as executor or trustee in my current plan.
3. The persons I named as executor are either a Florida resident or a family member.
4. I am satisfied that my current plan sets up a contingent trust for my minor children.
5. I am aware of all future estate planning fees and expenses; including an understanding of those involved at the time of my death.
6. My children have met with my attorney and fully understand their roles and responsibilities upon my incapacity or death.
7. My Revocable Trust, if any, and Power of Attorneys specify an understandable test to determine my disability.
8. My Revocable Trust, if any, gives instructions for my care and the care of my loved ones if I become mentally disabled.
9. My Revocable Trust, if any, is fully funded so that my family can avoid the delays, publicity  and expenses of probate.
10. I and my spouse, if applicable, own everything jointly.
11. I have put my personal property into my Revocable Trust, if applicable.
12. I own property in another state which has already been dealt with in my estate plan.

If your estate plan needs updated, please conult with an estate planning attorney to set up a review of your current estate plan.

Does your estate plan need a tune up?  Although most Americans do not have an estate plan, those who do have an estate plan set up their estate plan, shove it in a file drawer in their homes and completely forget about it afterwards.  Below are a series of questions to quickly ask yourself to make sure that your estate plan still does what you originally wanted it to do.  If you answer “No” or “I don’t know” to any of the questions, please set up a consultation with us so that we may review your estate plan with you to either tell you what it says or update it so that you have an estate plan that works for you and your families needs.

1. I have a current Health Care Power of Attorney that has the required HIPAA authorizations to permit my spouse, children and/or family to make emergency health care decisions for me in the event I am unable to do so.
2. I have a current Durable Power of Attorney that is less than four years old to permit my spouse or children to handle my financial affairs in the event I become disabled.
3. I am certain that my current estate plan will minimize possible federal estate taxes at my death, including taxes on my house, life insurance and IRAs.
4. I have taken steps to avoid possible will contests and disputes at my death.
5. I have taken steps to protect my children’s inheritance in the event my surviving spouse chooses to remarry.
6. I have recently checked the beneficiary designations of my retirement plans and life insurance policies, and I am confident that I have not listed my estate or any minor children as either primary or secondary beneficiaries.
7. I have a plan to provide creditor and lawsuit protection for assets passed to my surviving spouse.
8. My current plan provides creditor and lawsuit protection for my children’s’ inheritance.
9. My current plan addresses income tax planning.
10. I have a plant to protect my children’s inheritance from a divorcing spouse.

Again, if you answered "No" or "I don't know", please consult with an estate planning attorney to review your estate plan and ensure it still works for you and your family.

Estate planning is such a broad term.   Estate planning includes wills, trusts, taxes, business succession, asset protection and many other documents and practice areas.  Estate planning also includes long-term care insurance and elder care.   It is all about planning for the future.   The time to plan for a nursing home placement or admission is not the first day of the admission.  Ideally, the best time to plan is when there is no pressure to find a facility, when the person is healthy and able to make an informed decision about long-term care, and when there are funds and insurance plans available to purchase to complete or put in place the planning process.   Douglas K. Gitter, J.D. of Northwestern Mutual will be making a presentation this Sunday, March 14, 2010 on the importance of Long Term Care insurance in estate and succession planning.  According to Gitter, in discussions with clients many of them were unfamiliar with the overall effect long term care can have on their assets.  Take Charge of Your Future is a detailed educational seminar, which illustrates the importance of long term care planning to ensure financial security.   Martin Goetz, CEO of River Garden will also be speaking about his top-rated, five star, long term care facility.

Please join us to learn more at the Brotherhood Sponsored Community Breakfast this Sunday from 10:00 am to noon.  There is a $5.00 per person charge with RSVP to TempleBrothersJax@yahoo.com or $6.00 at the door.    

This is a community event open to all interested in attending.  While Wood, Atter & Wolf are not sponsors or speakers at this event, Wood, Atter & Wolf supports and commends people and organizations promoting good estate planning as well as the proper and dedicated care of the elderly and those in need of long-term nursing home care.

To learn more about Doug and his practice, please visit his website at http://douggitter.nmfn.com/.

Although there is currently no estate tax (which could change any day), there are eight basic estate planning steps that everyone should take, no matter what your net worth is. 

The first step is to have a financial power of attorney.  The financial power of attorney appoints someone to handle your financial affairs if you are unable to do so yourself.  This document ensures that all of your assets are taken care of and your bills are being paid.  The person appointed can be appointed immediately or only upon your disability.  Without a financial power of attorney, your family will have to go to court to have permission to deal with your assets.  State laws change frequently, make sure your financial power of attorney is valid under your state’s law.

Step two is to make sure you have a valid health care power of attorney and living will.  The health care power of attorney allows someone to make health care decisions for you if you are unable to make them for yourself.  A living will states what your intent is if you are in a persistent, vegetative state.  More commonly stated as “whether or not to pull the plug”.  Your health care power of attorney needs to have the HIPAA authorizations within it, otherwise it is not a valid document.

Step three is to calculate your net worth.  You may be surprised where you stand financially.  This is important from a tax standpoint but you will also get a hold of everything you own.  Sometimes assets fall through the cracks and are not properly planned for because they were not brought up during the estate planning discussion.

Step four is to review your beneficiary designations.  Upon your death, your beneficiary designations control how that specific asset will pass.  A will or trust has no say.  If your ex-spouse is named accidently, the ex-spouse will receive that asset.  Beware, it happens everyday!

Step five is to create or update your will.  A will allows you to determine how your assets pass to your loved ones.  If you do not have a will, the state where you live has graciously set one up for you but it probably does not pass your assets according to your wishes.  This is especially true when you are remarried and have children from your current and/or previous marriage. 

Step six is to plan for your state’s estate tax.  The District of Columbia and23 other states have their own estate or inheritance taxes.   If you don’t plan for them, you could inadvertently cause a state estate tax upon your death.

Step seven is to check how your assets are currently titled.  Do you have everything titled jointly?  If you have a trust, does your trust own your assets?  If you are unsure how your assets are titled, please review the title of your assets as it makes a big difference upon your death.

Finally, the last step is to gift while you are alive.  Currently, you can give $13,000 per year to anyone you wish.  You can stand outside of your church and write a $13,000 check to everyone who passes by.  Additionally, you can pay anyone’s college or private school tuition or medical bills so long as they money goes directly to the educational facility or medical provider.

If you need help with any of the above estate planning steps, please consult an estate planning attorney for estate planning legal counsel.

Ever wonder what happens to your pets after you pass away?  Most pet owners consider their pets as a member of their family.  It, however, is not uncommon for pets to be left behind as their owners pass away.  What can you do to ensure that your pet is taken care of upon your passing?  Estate planning for pets became more popular in the 90s and pet trusts are now legal in most states.

Legally, your pet is deemed to be tangible personal property that would pass to your heirs or beneficiaries by law.  With a will or a trust, you can control who will get your pets and how they should be taken care of.

Typically a pet trust sets aside a certain amount of money that is dedicated to caring for the pets you owned upon your death.  Once the last of the pets pass, any remaining funds pass to your beneficiaries.  There are decisions to be made though in setting up the pet trust.

The most important decision is who will serve as the trustee of the trust and caretaker of the pets.  Friends and family are usually thought of first.  Although they may enjoy playing with your pets, the enjoyment may diminish quickly.  A good way to test whether or not they will be a good caretaker is to have them pet-sit for several days. 

Another decision to be made is how much, if any, to compensate the caretaker for their services.  If you compensate them too little, they may not adequately care for your pets.  If you compensate them too much, they may keep a suffering pet alive too long.  There is a story about a caretaker who found a new black dog whenever the old black dog passed away to ensure they continued to receive compensation.  You want to avoid this situation.  There are always non-profit organizations who will gladly care for your pet under a pet trust.

If you would like to discuss the possibilities of a pet trust further, please contact an estate planning attorney to draft the legal documents necessary to ensure your pets are taken care of upon your passing.