Orlando Estate & Elder Law

Spending Eternity With Your Pet

Many people view their pets as members of their families, with just as much importance as their human family members. More and more of them, are even wanting to be buried with their beloved pets.

For a long time, perhaps forever, humans have often desired to be buried with their loved ones. There might not seem objectively to be a good reason for this to some people, but it has always given them the comfort to know that they will rest beside their loved ones for eternity.

In the past, these loved ones usually included spouses or children who passed away at a young age. Wealthy people might have been buried with more extended family members in family mausoleums.

It would have been extremely unusual for someone to be buried with a pet. However, today many people think of pets differently.

Pets are now viewed by many as having equal importance as human loved ones. That has led to an  increase the desire to be buried with those pets, as Legacy.com discusses in "Can You Bury Your Pet With You After You Die?"

A couple of states now allow people and their pets to be buried in the same cemetery with some conditions. A few other states are considering legislation that would also allow it.

This is not just a U.S. phenomenon,  since a few foreign countries now also allow the practice.

If you love your pet that much, you should also know there are other legal things you can do to show that love.

An estate planning attorney can help to make sure that if anything happens to you before your beloved pet passes away, you can provide legal means to have your pet taken care of appropriately, such as with a pet trust.

For more information about estate planning in Orlando, FL (and throughout the rest of Central Florida), visit our estate planning website and be sure to subscribe to our complimentary estate planning e-newsletter while you are there.

Reference: Legacy.com (Feb. 16, 2017) "Can You Bury Your Pet With You After You Die?"

Your Feline (Or Whatever) Lasting Legacy

People frequently use their estate plans as a way of continuing to support things they love after they pass away. One woman in Italy recently did so by bequeathing her home to stray cats.

The late Fiorella Scannabissi of Bologna, Italy loved cats. During her lifetime she took in many of the city's strays.

As The Local reports in "Bologna's Cats Inherit Plush Apartment," she loved the stray cats of the city so much that she left her top-floor, seven-room apartment to them. No, this is not a case where the neighbors might consider going to court to stop a messy situation.

The cats will not be living in the home.

Instead, Scannabissi left instructions for her home to be sold by the local council. The proceeds from the sale will be donated to the city's cattery, which takes care of the local strays.

What this illustrates is the flexibility of estate plans.

This is just one example of what can be done in an estate plan to make sure that what you support in life continues to receive support after you pass away. For Scannabissi it just happened to be stray cats.

If you love something else, you can use your estate plan to continue support it. Doing so often is not very complicated, especially if you have the advice and creativity of an experienced estate planning attorney who can structure your estate plan to further your goals.  I would be delighted to help your plans. Please set up a consultation to discuss your lasting legacy.

Reference: The Local (Dec. 3, 2015) "Bologna's Cats Inherit Plush Apartment"

Estate Planning Options for Your Fur Babies

Increasingly people are making provisions in their estate plans for their pets. If you would like to do the same, then you have a few options for how to do it.

In the past people gave little thought to what might happen to their pets after they passed away. It certainly was not common to provide ways for pets to continue receiving care in estate plans.

Today, however, pets are increasingly being viewed as important family members that need to be provided for in estate plans along with human relatives.

Time recently published an article on this phenomenon entitled "How to Make Sure Your Pet Is Cared for When You Die."

The article mentions three ways to provide for a pet in your estate plan:

• Will Beneficiary – In your will you can name someone to inherit your pet and leave them money to care for the animal. This can be a little problematic as there is no way to guarantee that the person will use the funds to care for your pet, so only do this if you are certain the person will love your pet as much as you do.
• Trust in Will – You can create a trust in your will and leave funds for the trust to care for your pet. In every state except Minnesota this will create a trust. You can designate a trustee and caretaker for your pet to see that your pet is cared for.
• Traditional Trust – You can create a trust and fund it with the assets necessary for your pet's care. It is possible to appoint as trustee the person who will also be the pet's caregiver, but it is not necessary, especially if you are more comfortable with checks and balances.

If you would like more information about providing for your pet after you pass away, please
contact my office to schedule a consultation.

Reference: Time (Nov. 18, 2015) "How to Make Sure Your Pet Is Cared for When You Die."

Hear Ye, Hear Me - On Wednesday, January 28, 2015

Please join me this Wednesday for an update on Estate Planning 2015.

The presentation will be held at Horizon Bay at 360 Montgomery Road, Altamonte Springs 32714 from 4:00 to 6:00 p.m.

There is no charge to attend but reservations are requested so we can have plenty of room and materials for all.

Call my friends at Horizon Bay at 407-786-5637 or register on my website.

Bring your questions and come see me this week.

 

UK Historic Wills Are Available Online - Will Yours?

 

Wills can tell a lot about what people value. Looking through old wills can show how values might have changed over the years. The UK has recently aided that effort by making its archived wills available electronically dating back to 1858.

 

We often hear about the estates of recently deceased celebrities. Anyone can read the newspaper or search Google to find out the details of Michael Jackson's estate. However, the estates of historic famous people are more difficult to find. It often requires going to the library and pouring over history books.

 

 In the United Kingdom, however, some historic wills have recently been made available online for people to search through. The Independenthas the story in an article titled "New digital archive will allow public to view wills of historic names."

 

The database includes many famous names, such as Winston Churchill and Charles Dickens. This is an interesting project and well worth a look for anyone who is interested in the lives and deaths of historic figures.

 

 Closer to home, in the United States, something like this would need to be done on the state level.

 

One important message for modern estate planning is that wills are public.

 

 When filed with a probate court, wills become available for the public to access. While it is not as easy to access wills in the United States as it is in the United Kingdom, it can still be done.

 

 Thus, if you want your estate to remain private, you should not rely on a will. Please consider a consultation to explore your options.  Visit my website for more information and to schedule an appointment.

 

 

 

Reference: The Independent (December 27, 2014) "New digital archive will allow public to view wills of historic names"

High-Drama Estate Battle - What Not To Do

Sarah Long was found dead in her home last July. While police are still investigating the circumstances of her death, the battle over her estate is heating up.

Sarah Long was reported missing last July and found dead in her home of gunshot wounds. Initially, her death was ruled to be a suicide. However, inconsistent evidence at the scene later caused police to open up a homicide investigation. The police still do not know what happened to Ms. Long.

 She left behind an estate worth nearly $1 million.

 DavidsonNews.net has the full story in "As police investigate, battle rages over shooting victim's estate."

 Here is a quick overview:

 Long had previously made a will that left everything to her boyfriend. She also had an estranged husband and, under South Carolina law, the husband should be entitled to 15% of her estate regardless of what her will states.  (In Florida, the amount would be 30%.)

 The husband and the boyfriend have been fighting over the estate in probate court. To make interesting matters more interesting, Long's family has also intervened.

 There are allegations that Long made the will giving everything to her boyfriend under duress and that her husband abused her.

 The latest development? The boyfriend and the husband have reached an agreement to which Long's family objects. If it turns out that Long was murdered, then the identity of the killer may also play a role in who gets the estate.

Even if your estate won't involve this kind of intrigue, advance planning can save your family a lot of heartache.  Please contact my office to so we can keep your estate plan drama-free.

 Reference: DavidsonNews.net (December 24, 2014) "As police investigate, battle rages over shooting victim's estate"

Actor's Plan is Ordinary - And Public

The details of another celebrity's estate have recently been revealed. This time it is the estate of late actor Bob Hoskins. Unlike some other celebrity estates, Hoskins' is fairly ordinary.

Actor Bob Hoskins passed away last April at the age of 71. He was known for playing tough guys in movies who normally had a soft interior. Recently, the contents of his will were released.

 He left his entire 1 million pound estate to his wife of 32 years.

 The Daily Mailhas the full story in "Pennies from heaven... Bob Hoskins leave 1 million to wife of 32 years who helped him battle depression." The article includes a brief rundown of Hoskins' acting career, including his time as a circus fire-eater.

 Hoskins' will is somewhat refreshing. Recent celebrity estate cases have often been fairly messy with serious estate planning mistakes. Hoskins, however, did what many ordinary people choose to do, he left everything to his spouse.

 If a mistake was made here, it is that we know what Hoskins chose to do with his estate. By using a will, the details of his estate were made public. If he had used a trust, it is more likely that his estate and his wife's privacy would have remained free from public scrutiny.

 That is something that everyone should keep in mind. Wills are made public. If you do not want everyone knowing the details of your estate, then you need something besides a will.

 I would be happy to educate you on the full range of options available to fit your unique circumstances.  Please visit my website for more information.

 Reference: Daily Mail (December 20, 2014) "Pennies from heaven... Bob Hoskins leaves 1 million to wife of 32 years who helped him battle depression"

Ruby Says "Don't Do It!" - Let Your Dog Survive You

For many people, dogs are more than just best friends. They are a valued member of the family. However, pets, unlike other family members, are legally property. This raises the question whether you can direct that your pets be put to sleep after you pass away.

An Indiana woman named Connie Ley passed away in November. In her will, she made provisions for her pet German shepherd. The first provision was fairly standard. Ley directed that one of her friends should look after the dog. However, Ley also went on to direct that the dog should be put to sleep, cremated and that its ashes should be buried with Ley.

 The Washington Posthas the full story in an article titled "Indiana woman wants to be laid to rest with her German shepherd. One problem: The dog is still alive."

In this particular case, the dog is currently in a shelter waiting for a court to determine whether Ley's wishes will be followed.

 This is not the first time that the issue has come up. In some other cases courts have decided to put pets down as directed in the wills of the owners. The reason for this is that as much as we often think of our pets as part of the family, the law treats them as personal property.

 Animal cruelty laws aside, we are free to do with our pets as we please, including directing what should happen to them after we pass away.

 The lesson here? If you want to determine what will happen to your pets after you pass away, then you should make that a part of your will.   I would be happy to assist in crafting a plan that is fair to you and your furry friends.  

Reference: Washington Post (December 17, 2014) "Indiana woman wants to be laid to rest with her German shepherd. One problem: The dog is still alive"