R. Craig Harrison

R. Craig Harrison

Attorney Profile

Top Rated Estate & Trust Litigation Attorney in Sarasota, FL

Lyons Beaudry & Harrison P.A.
 | 1605 Main St, Ste 1111
Sarasota, FL 34236
Phone: 941-366-3282
Selected to Super Lawyers: 2015 - 2017
Licensed Since: 1985
Practice Areas:
  • Estate & Trust Litigation (40%),
  • Estate Planning & Probate (40%),
  • Elder Law (10%),
  • Real Estate: Consumer (10%)
Attorney Profile

Board Certified specialist in Wills, Trusts and Estates.  Services include the preparation of Wills, Trusts, Powers of Atttoney, Healthcare Surrogates, Living Wills and other Estate Planning documents. Mr. Harrison has extensive experience in trust & estate administration and litigation as well as guardianship litigation.  His practice also includes real estate closings, real estate litigation and foreclosure defense.

Certificates and Credentials

Florida Bar Board Certified

About Craig Harrison

Admitted: 1985, Florida

Professional Webpage: http://www.lyonsbeaudryharrison.com/attorneys/r-craig-harris...

Special Licenses/Certifications:

  • The Florida Bar:  Guardianship, Power of Attorney, and Advance Directive Committee, 2014
  • Board Certified as a specialist in Wills, Trusts and Estates Law by The Florida Bar, 2010

Bar/Professional Activity:

  • The Florida Bar: Guardianship, Power of Attorney, and Advance Directives Committee, 2014
  • The Florida Bar:  Probate & Litigation Subcommittee, 2005

Scholarly Lectures and Writings:

  •   Trusts: TBE or Not TBE. Published:  The Flordia Bar. May 2013                                                                                                                                                      A husband and wife can hold property as tenants by the entirety (TBE).  Neither spouse owns a separate interest in the TBE property, but both are collectively seized in the whole property.  Because of this legal concept, the creditor of one spouse cannot sever the TBE property to satisfy the debt of just one spouse.     To take advantage of the federal estate exemption, estate planners traditionally split the TBE property to fund separate trusts for each spouse, which trusts many times created a tax credit shelter and a marital trust.  The division of the TBE property between the spouses subjects the property held by a spouse to the reach of that spouse’s creditors.   Due to the increase in the federal estate tax exemption and portability, single share joint trusts are becoming more popular.  However, a creditor of one spouse may be able to reach the entire corpus of a single share joint trust.    A tenancy by the entirety trust (TBE trust) can provide the married couple with both creditor protection and the various nontax benefits of a trust.  The Florida Trust Code does not specifically address the creation of a TBE Trust. The article argues that a TBE Trust can be established under the Florida common law by meeting the six essential unities to create the TBE estate: Possession, Interest, Title, Time, Survivorship and Marriage.   Because a trustee holds the legal interest in the trust estate by a trustee and the husband and wife holds an equitable interest in the trust does not defeat the TBE characteristics of the TBE property.  However, the transfer of TBE property to a trust in which one spouse is given the sole power to control the trust may destroy the unity of possession and terminate the TBE character of the  property.                                                                                                                                                            With the federal estate tax exemption permanently set at $5 million (plus indexing) and the portability option, the TBE trust is a viable estate planning tool for the married couple., Author, Trusts: TBE or Not TBE, The Florida Bar, 2013
  • Homestead: the Post-Death Spousal Disclaimer: A Cure for the Constitutionally Prohibited Devise.  Published:  The Florida Bar.  April, 1993.                                                                                         The Florida Constitution prohibits the devise of homestead property when the decedent homesteader is survived by a spouse or a minor child. If the decedent is survived by a spouse and no minor children, the decedent may only devise the homestead to the spouse. Any devise of less than a 100% fee simple interest in the homestead to the spouse is prohibited. The Florida Constitution makes no provision as to the descent of improperly devised homestead property, but the Florida Statutes provides the spouse with a life estate to the spouse and a remainder interest to the lineal descendants of the decedent (recently the legislature has provided an option to the spouse to take a 1/2 interest as a tenant in common with the lineal descendants inheriting the other 1/2 interest.)   The article discusses whether an unlawful devise of homestead property can be cured by a post-death spousal disclaimer.                                                                
Office Location for R. Craig Harrison

1605 Main St
Ste 1111
Sarasota, FL 34236

 

R. Craig Harrison:

Last Updated: 1/5/2017

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