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 […]

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, […]

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.”  […]

There are no deadlines in an estate planning engagement.  (So to speak.)   This is not the case where other kinds of legal services are in play.  In litigation, for example, there is built-in urgency.  Someone is suing your client or you are suing the other lawyer’s client, that’s urgency enough.  But there is more.  […]