Page 16 - Southern Exposure - August '23

Page 16, Southern Exposure

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Town Of Jupiter

News Are You Single With A Minor Child?

If So, You Need A Plan Part 1 Of 2
By Jim Kuretski, Mayor, Town of Jupiter

The Town Council
works with our town Submitted by Anné Desormier-Cartwright, Esq.
manager, staff, and
others to address issues You have a minor child because they can change guardians without having to
affecting our residents who depends on you for update their entire will or pour-over will.
and businesses. The their survival, so you need How Do You Name Someone To Step In When
following provides a to make sure that they will Emergencies Arise?
summary of actions and be cared for if you are ever While an estate plan usually focuses on planning for
achievements since last unable to care for them. your death, it is also important to plan for the situation in
month’s community By creating an estate plan, which you are alive but unable to act or make decisions
newspaper report: you can address your minor (called being incapacitated), including naming someone to
Preserve Land and child’s care and custody temporarily care for your child. In addition to delegating
Open Space/Common Use Tracts in Jupiter have and provide instructions your parental authority when you are unable to act, this
been protected from being privatized by two separate about how your money and document can be used if you are traveling and need
Town Council actions in the first half of 2023. These property should be used for someone to make decisions for your child. It is important
actions demonstrate our steadfast commitment to their care should something happen to you. to note that this document is only effective for a short
keeping Jupiter the uniquely special town that it is. Care And Custody Of Your Child period (six months in some states), and your chosen
Preserve Land Creating an estate plan allows you to name someone person cannot agree to certain actions, such as the child’s
The Town of Jupiter learned that a 15.5-acre, to care for your minor child if you are unable. A child adoption or marriage.
Palmwood Preserve property, designated as a under the age of majority (18 in Florida) cannot legally Although state law will provide your child with a
conservation/preservation area in 1998, had somehow care for themselves (unless they have been emancipated). guardian, someone to manage their inheritance, and a
had its ownership transferred from NPBCID to a A guardian must be appointed to take care of the minor distribution plan for their inheritance, this is the least
private group with desires to develop it. This property child if both parents have passed away or are unable to desirable result. You have the power to design an estate
is located south of Frederick Small Road and west of care for the child. It is important to note that if the other plan that is unique to your child’s circumstances and
Palmwood Road. legal parent is still alive, that parent may receive custody allows you to choose the most trusted individuals to guide
I fondly remember that this specific preserve of the child (assuming custody rights not removed, not them if you are no longer able to. Next month we will
property contained an active eagles’ nest, until the incarcerated, etc.). However, you need to have a plan address providing for inheritance for children, especially
nest was blown down during a hurricane event. in case there is no other legal parent or the other legal minor children. We would love the opportunity to help you
After the town became aware of this transfer of parent cannot care for the child. If you do not choose a create the best plan for you and your child or to update
property ownership, we advised the involved parties guardian, the judge will look to state law to determine your existing plan. Call us to schedule an appointment.
that action was contrary to PUD Development Order the appropriate guardian, who may not be the person that Call our office today at (561) 694-7827, Elder & Estate
obligations, and unacceptable. This matter was you would have chosen. Planning Attorneys PA, 480 Maplewood Drive, Suite 3,
resolved at the 6/20/23 Town Council Meeting, at How Do You Nominate A Guardian? Jupiter, FL 33458.
which time we secured an agreement that ownership There are a few different ways to nominate a guardian The content of this article is general and should not be
of the Palmwood Preserve property would be to care for your child after your death. First, it can be relied upon without review of your specific circumstances
conveyed to the Town of Jupiter within 60 days after done in a last will and testament (also known as a will). by competent legal counsel. Reliance on the information
execution of a PUD ordinance and two associated In this document, you can name someone to be your herein is at your own risk, as it expresses no opinion by
resolutions. The property’s conveyance to the Town child’s guardian after your death, a person to wind up the firm on your specific circumstances or legal needs.
of Jupiter ownership is expected by no later than your affairs (executor or personal representative), and An attorney client relationship is not created through the
August 27. people to receive your money and property, along with information provided herein.
Open Space/Common Use Tracts any instructions. Similarly, you may use a pour-over will To comply with the U.S. Treasury regulations, we must
Many Jupiter residential neighborhoods received to name a guardian for your child upon your death. A inform you that (i) any U.S. federal tax advice contained in
development approvals that included designated open pour-over will also allow you to name your trust as the this newsletter was not intended or written to be used, and
space/common use tracts intended for the enjoyment beneficiary of any money and property that goes through cannot be used, by any person for the purpose of avoiding
of all property owners. While POA documents may the probate process. Lastly, Florida authorizes you to U.S. federal tax penalties that may be imposed on such person
allow its POA Board to make some decisions about nominate a guardian for your minor child in a separate and (ii) each taxpayer should seek advice from their tax
open space/common use tracts, no such properties document. Some people prefer the separate document advisor based on the taxpayer’s particular circumstances.
may be sold and/or transferred to private ownership
without Town Council approval for such action(s).
Earlier this year, the Town Council denied a POA
Board request to remove portions of designated open
space/common use tracts and transfer it to 14 private
property owners. Even if there had been support by a
majority of POA membership for this request (which
there was not), we would have remained concerned
about setting such a precedent. Jupiter remains a
uniquely special place to live for various reasons,
one being an abundance of open space/common use
tracts scattered throughout Jupiter neighborhoods.
Fiscal Year (10/1/23 To 9/30/24) Town Budget Plans
The Town Council has been collaboratively
working with and providing policy guidance to our
town manager and staff as the overall operating
and capital budgets for the upcoming fiscal year
are developed. This work happens during the
summer months every year. There are various
public workshops and public hearings conducted in
June through September for the budget and tax rate
planning and setting purposes.
Stay tuned.