Posts Tagged ‘Florida Revocable Trust’

Why is my Will so long?

Saturday, April 14th, 2012

My clients know that I love brevity.  I think that if you can say something in one sentence of 10-12 words, that’s great. In fact, if that 10 word sentence can be cut to six, then count me in.  After all, why do you need to stretch it out one thought to 20 sentences?

Lawyers are often accused of writing something to death and usually doing so in some foreign language that no one can understand.  I think that can happen for any number of reasons,  some of which are of no consequence.  However, from my experience, extended drafting usually comes from a problem that was revealed in a past document or court case that lawyers read about.

Let me share an example:

Several years ago, I was handling a trust administration dispute in which a simple phrase was at issue.  The wording used in the trust boilerplate was ambiguous; this instrument was drafted many years earlier by another attorney.   The language appeared to require a distribution of the trust principal to the beneficiary, but some boilerplate in the back of the document loosely suggested that the trust could retain the funds in trust.  I represented the trustee who saw it one way, while the beneficiary saw it another.  In this instance, the beneficiary had substance abuse problems, and the trustee wanted to hold funds back in trust.

After settling the dispute following eight months of arguing and legal fees, I soon realized that this “ambiguous” language was very common in Tampa trust documents, including my own!  I immediately took that six word phrase and expanded on it so that we created clarity for future Florida trust instruments.   Six words became forty-two words, but I believe that those additional words will help to eliminate these types of disputes.

This issue is presented all of the time, which causes a lawyer to expand/revise/rewrite language in a Will or Trust until it becomes an epic novel.   My suggestion the next time you get a draft from an attorney is simple:  read the draft, make notes throughout (including your questions), and then ask your attorney to explain the draft in whatever detail you feel is important.  Do not forget that those documents, however long that they may be, represent your wishes and not your attorney’s.  You deserve to understand every bit of it.

Does Faith matter in Estate Planning?

Friday, March 23rd, 2012

Most people think of estate planning as a sterile process that involves building a Florida Will or Revocable Trust, Power of Attorney and Health Care directions.  That’s a good start, but what should you really be thinking about when you are developing your planning?  Do your thoughts on your faith and values matter?  They should, and here are a few ways to incorporate them into your plan:

1.  If you have specific ideas that you want to share with your family, you need to convey them in your documents.  For example, my wife and I value Roman Catholic education and have our children enrolled in Villa Madonna Catholic School in Tampa.   We specifically authorized our trustee to use our resources to allow our children to continue at that school and progress to other Catholic schools as they grow older.  We did not rely on general boilerplate provisions about education expenses being covered by our trust.

Although we did not write this in our Wills, we certainly could have stated our wishes that our girls attend weekly Mass and receive the Sacraments as they grow.

Another instrument that touches on someone’s faith is a Living Will.  What are your Church’s teachings on end-of-life?  Do those teachings matter?  I was lucky enough to find the Catholic Bishops Advance Directive, which not only confirms that we are following our Church’s teachings, but also includes a beautiful statement of our faith.

Obviously, for those of you who have worked with us, we raise these issues with our clients.  While these examples are faith-based, you do not need to limit your thoughts to purely religious concepts.  How about statements that support the notion that a child become a productive member of society?

2.  If you cannot think of specific concepts to include in your documents, do not give up.  We suggest that you write a letter to the individual who will manage your money for your family (e.g., a trustee) that outlines your thinking.  This letter should be a living document, one that you can add to as your thoughts develop.  Also, we recommend that you write your family a love letter in which you share your faith/values/wishes for them.

These ideas are often very personal, and so do not ask your lawyer for a template as a starting point!  He or she can help to frame your discussion, but do not ask someone to speak for your heart – allow it to speak for you.

Congratulations Louise White!

Saturday, March 10th, 2012

You may not recognize that name, but in Newport, Rhode Island, she’s one famous lady.  At 81 years old, Louise came forward last week to claim one of the largest Powerball lotteries, winning $336.4 million!  Technically, her ticket is being claimed in the name of the Rainbow Sherbert Trust.  No doubt that she sought legal counsel when her numbers were called.

Why?  Well, at amount, the IRS stands to get a large amount in taxes – both income and estate.  Ignoring income tax, a prize that big would result in the federal government receiving over $100 million at Louise’s death!  It would not be surprising of the Rainbow Sherbert Trust was a lifetime trust for Louise’s benefit that would pass to her family at her death WITHOUT the imposition of an estate tax.   If that is not the case, then Louise has two options to avoid the estate tax – spend, spend, spend OR give your remaining winnings at death to your favorite charity.

Congratulations, Louise!