Sheppard Law Firm - May 2021

What to Do With the Black Sheep Black sheep aren’t uncommon, and in his 2020 “Sanibel Island Sun” column, “What to Do With the Black Sheep Beneficiary,” Attorney Craig Hersch outlines his take on this potentially awkward scenario. You can read the full version of Craig’s column — which features more advice — at FloridaEstatePlanning.com. Commonly, my clients express a desire to name all of their children to act as successor trustee, personal representative (executor), and health care surrogate. When you have children who don’t get along, this could be a huge mistake. Keep in mind that a parent falling critically ill or even dying may Attorney Craig Hersch Offers Insight Into an Uncomfortable — Yet Common — Concern

has the manpower to deal with the daily issues that arise. What to do about our second issue — the black sheep who has estranged themselves from the family? The answer is that it depends! If you feel that the adult child should receive some portion of the estate, from an administrative standpoint, a fixed dollar amount is easier to deal with than a percentage of the estate. If you feel that you would rather disinherit the black sheep beneficiary, it is always best to simply do this. Even bequeathing a small amount gives the beneficiary legal rights that they otherwise would not have had. Black sheep beneficiaries are never easy. Nevertheless, when they exist, it’s always a good idea to limit the damage that they can do within any administration.

create an emotionally charged situation. Add into the situation that many crucial decisions must be made, and you have a recipe for disaster. One potential solution is to name a corporate trustee or co-trustee with one of the children. Having a bank or trust company serving as trustee adds a layer

Most families have black sheep. You know what I’m talking about. There might be three siblings, but one of them doesn’t play well with the other two. A parent may love all of their children equally and want to treat all the same in the estate plan. But is this wise? Another issue is what to do about the black sheep who estranged themselves from everyone in

of assurance that the trust terms are adhered to and that no trustee is improperly taking assets for their personal benefit. Another option is to engage a good estate attorney who is versed in the various duties and laws associated with administering an estate and who

the family, including the parents. Should the parents continue to include that beneficiary in the estate plan?

Easy & Healthy Green Rice

Inspired by 101Cookbooks.com

This rice recipe is perfect for getting your kids to eat their greens without realizing it!

INGREDIENTS:

1 cup tightly packed spinach leaves

1/2 cup yellow onions, finely diced

1 cup tightly packed kale leaves, stems removed 1 1/2 cups vegetable stock 2 tbsp full-fat coconut milk

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1/2 cup green peppers, diced 1 tbsp extra-virgin olive oil 3 cloves garlic, peeled and minced

1 cup long-grain white rice

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1 tsp kosher salt

DIRECTIONS: 1. In a blender, purée spinach and kale with vegetable stock, coconut milk, and salt. Set aside. 2. In a medium saucepan over medium heat, sauté onions and peppers in olive oil until soft. Add the garlic and cook until fragrant, about 2 minutes. 3. Stir in rice and cook and toast for 1–2 minutes before adding the blended mixture. Increase heat to bring to a boil. 4. Reduce heat to low, cover, and simmer until liquid has evaporated, 15–20 minutes. 5. Remove from heat and let sit for 10 minutes. Fluff with a fork before serving.

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