In estate planning, “default takers” are the beneficiaries under a Will or Revocable Trust who “take” (that is, who receive the assets controlled by one’s Will or Revocable Trust at his or her death) when all of the named beneficiaries have predeceased the testator or settlor and there are no alternate beneficiaries described in the […]
Acquisition of an Asset by a Maiden-Name Couple: Another Estate Planning Event
During the late 60s and the decade of the 70s, women who married retained their maiden names more often than they did in prior years. Sometimes the couple hyphenated their surnames during those times, but in a lot of cases the non-traditionalist wife simply carried on the surname that her parents used. (Last year, a […]
Step-Dad as Health Care Surrogate for a Minor Child
I discussed Florida’s new Designation of Health Care Surrogate for Minor with a younger mother recently. She told me that she has a daughter by a former marriage and that her daughter is a minor. Under the marital settlement agreement, she and her former husband “share” responsibility for their daughter. The mother had remarried, however, […]
A Health Care Surrogate for Children.
Florida has a statute entitled Designation of a Health Care Surrogate for a Minor. For purposes of the designation statute, the definition of “minor” given under the Florida Guardianship Law is implied. That is, a minor is a person “under age 18 years of age whose disabilities have not been removed by marriage or otherwise.” […]
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