Law Offices of Ginger R. Lore, P.A. BlogThe Truth About Reading a Will in Florida: It's Not What You Think2024-01-04T19:40:15Z2024-01-04T19:40:15Z<div style="transition: none 0s ease 0s; display: block; text-align: left;" data-rss-type="text">
<p>
<span style="display: initial;">
When it comes to the distribution of a deceased person's assets in Florida, there is often confusion and misinformation surrounding the reading of a will. You might have seen dramatic scenes in movies or TV shows where family members gather around a lawyer's office to hear the last wishes of the deceased read aloud. However, the truth is quite different in the Sunshine State. In Florida, the reading of a will is not a real legal requirement, and it may surprise you to learn why.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
What is the "Reading of a Will"?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
The concept of the "reading of a will" often comes from popular culture, where it is portrayed as a dramatic and emotional event where beneficiaries learn about their inheritance and any final messages from the deceased. This scene has been dramatized in many movies and television shows. However, in reality, this practice is not legally required in Florida, nor is it a common practice in most states across the United States.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Why Doesn't Florida Require the Reading of a Will?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
Florida, like many other states, does not have a legal requirement for the formal reading of a will. There are several reasons for this:
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; text-decoration: underline;">
Privacy:
</span>
<span style="display: initial;">
<span style="display: initial;">
One of the main reasons is privacy. The contents of a will are considered a private matter between the deceased person and their beneficiaries. There is no legal need to make this information public or to gather all interested parties for a formal reading. However, it is essential to note that during the probate process, a will becomes a public record, which means that it is available to the general
</span>
</span>
</p>
<p>
<span style="display: initial;">
public, not just interested parties, and can be accessed and reviewed by anyone as part of the legal proceedings.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; text-decoration: underline;">
Legal Procedures:
</span>
<span style="display: initial;">
<span style="display: initial;">
In Florida, the probate process is used to distribute a deceased person's assets according to their will or the state's intestacy laws if there is no will. The probate court oversees this process, ensuring that all legal requirements are met and that assets are distributed according to the law.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; text-decoration: underline;">
Beneficiary Notification:
</span>
<span style="display: initial;">
<span style="display: initial;">
Instead of a formal reading, beneficiaries in Florida are typically notified through legal channels, such as certified mail or in-person notification by the estate executor or personal representative. These notifications inform beneficiaries about their rights, responsibilities, and the upcoming probate proceedings.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; text-decoration: underline;">
Trusts and Legal Representation:
</span>
<span style="display: initial;">
<span style="display: initial;">
Some individuals may create trusts to manage their assets, which often bypass the probate process entirely. In such cases, beneficiaries may work closely with legal counsel to understand the terms of the trust and how it affects their inheritance.
</span>
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial; font-weight: bold;">
Conclusion:
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: initial;">
While the idea of a dramatic will reading may be popular in movies and television, it is not a legal requirement in Florida. The state's probate laws govern the distribution of a deceased person's assets, and beneficiaries are typically notified through legal channels about their rights and responsibilities. It is essential for individuals to consult with legal professionals and create a clear and legally valid will to
</span>
</p>
<p>
<span style="display: initial;">
ensure that their wishes are carried out effectively in accordance with Florida law. Understanding the legal processes and requirements can help ease the stress and confusion that can arise during a difficult time for families. Additionally, it's important to be aware that during the probate process, a will becomes a public record, making it available to the general public, not just interested parties, for access and review as part of the legal proceedings.
</span>
</p>
</div>Understanding Undue Influence in Wills and Trusts2023-12-13T19:36:34Z2023-12-13T19:36:34Z<div style="transition: none 0s ease 0s; display: block; text-align: left;" data-rss-type="text">
<p>
<span style="display: initial;">
When courts are faced with the question of undue influence in the creation of wills or trusts, they rely on a set of guidelines to ensure fairness. This blog explores these guidelines, focusing on the well-known Carpenter Factors and additional considerations that have emerged in recent legal practice.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Understanding Undue Influence in Wills and Trusts
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Undue influence in the context of wills and trusts is a legal concept that implies a person was unfairly persuaded or coerced into making decisions about their estate. Courts take this issue seriously to protect individuals’ true intentions and prevent manipulation.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
The Carpenter Factors: A Seven-Point Checklist
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Traditionally, courts have referred to the seven Carpenter factors as a benchmark for identifying undue influence:
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Beneficiary’s Presence: Was the beneficiary present when the testator expressed the desire to make a will?
</span>
</p>
<p>
<span style="display: initial;">
Attorney Recommendation: Did the beneficiary recommend the attorney who drafted the will?
</span>
</p>
<p>
<span style="display: initial;">
Instructions to Attorney: Was the beneficiary involved in giving instructions for drafting the will?
</span>
</p>
<p>
<span style="display: initial;">
Knowledge of Will Contents: Did the beneficiary know the will's contents before it was executed?
</span>
</p>
<p>
<span style="display: initial;">
Witness Arrangement: Did the beneficiary arrange witnesses for the will?
</span>
</p>
<p>
<span style="display: initial;">
Execution Presence: Was the beneficiary present at the execution of the will?
</span>
</p>
<p>
<span style="display: initial;">
Will Safekeeping: Did the beneficiary keep the will safe after it was executed?
</span>
</p>
<p>
<span style="display: initial;">
These factors help determine if the beneficiary had an excessive or inappropriate level of involvement in the will-making process.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Beyond the Carpenter Factors: Additional Considerations
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Recent legal developments have expanded the scope of analysis to include three more factors:
</span>
</p>
<p>
<span style="display: initial;">
8. Isolation: Was the person making the will isolated from others, potentially making them more susceptible to influence?
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Mental Strength Disparity: Is there a significant difference in mental strength or capacity between the testator and the beneficiary?
</span>
</p>
<p>
<span style="display: initial;">
Fairness of Provisions: Do the provisions of the will or trust seem fair and reasonable?
</span>
</p>
<p>
<span style="display: initial;">
These additional factors offer a more comprehensive view, considering the testator's social circumstances and the overall fairness of the will or trust.
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Conclusion
</span>
</p>
<p>
<span style="display: initial;">
</span>
</p>
<p>
<span style="display: initial;">
Courts use these ten factors to paint a detailed picture of the circumstances surrounding the creation of a will or trust. This approach helps ensure that the final document genuinely reflects the wishes of the person making it, free from undue influence or manipulation. By understanding these factors, individuals can better appreciate the legal safeguards in place to protect testamentary freedom.
</span>
</p>
</div>Tips for talking to parents about their estate plans2022-03-01T05:18:00Z2022-03-01T05:18:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
Florida law will dictate where a person's assets go if they don't have a valid will. The same might be true if an individual has a trust that was improperly structured. Therefore, instead of leaving what happens to your parent's property to chance, it may be a good idea to speak to them about their estate plan.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Do your parents have any components of their plan in place?
</span>
</p>
<p>
<span style="display: unset;">
It's possible that your mother or father has a will, trust or other estate plan documents already drafted. In such a scenario, it may be worthwhile to ask if you could learn more about the details of those documents. You can frame this request as an attempt to make it easier to settle your parent's affairs when they pass.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
What if your parents don't have estate plan documents in place?
</span>
</p>
<p>
<span style="display: unset;">
If your parents acknowledge that they don't have a will or trust, it may be a good idea to talk about the potential benefits of making one. You might also want to explain the potential benefits of creating a financial or medical power of attorney. In the event that you have created a will, trust or power of attorney documents, you can talk about how you did so or who you turned to for help doing so.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span>
</span>
The conversation should be about what your parents want or need
</span>
</p>
<p>
<span style="display: unset;">
Regardless of what you choose to include in an estate planning conversation, be sure that the talk is focused on what your parents want or need. This can help to ensure that they don't perceive your efforts to talk about this topic as a way to lay claim to their stuff before anyone else can.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
If you are concerned about a loved one's plans for the future, it may be a good idea to express them as soon as possible. The sooner you talk to an elderly family member about his or her estate plan, the easier it will be to create it while that person is still of sound mind.
</span>
</p>
</div>Florida law will dictate where a person’s assets go if they don’t have a valid will. The same might be true if an individual has a trust that was improperly structured. Therefore, instead of leaving what happens to your parent’s property to chance, it may be a good idea to speak to them about their estate plan. Do your parents…Firm News,March 2022The basics of living wills in Florida2022-01-28T04:41:00Z2022-01-28T04:41:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
Leaving a will is a great way to ensure that your loved ones know your wishes after you die or if you become incapacitated. There are different types of wills, and each one has its own benefits. If you're considering creating a will, one type you may want to familiarize yourself with is a living will.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
What is a living will?
</span>
</p>
<p>
<span style="display: unset;">
Living wills are documents that state the wishes of their creators regarding medical care if they become incapacitated and can't speak for themselves. This type of will can be very helpful for people with chronic illnesses or who are at a high risk of becoming incapacitated.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
What are the most important elements of a living will?
</span>
</p>
<p>
<span style="display: unset;">
There are several important things to include in your living will. First, you should state what treatments you do and don't want to receive if you become incapacitated. You should also name someone to make medical decisions for you if you can't make them yourself. Finally, you should specify how long you want doctors to continue providing treatment. For instance, you may want them to provide treatment until you die or only for a certain amount of time.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
What happens if you don't have a living will?
</span>
</p>
<p>
<span style="display: unset;">
If you don't have a living will and become incapacitated, your loved ones will have to make decisions about your care based on what they think you would want. This can be difficult and stressful for them. For instance, assume that you don't want anyone to put you on life support indefinitely, but you fail to create a living will that stipulates that. If you become incapacitated and have to be put on life support, your loved ones may feel obligated to keep you alive even if that's not what you would have wanted.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Creating a living will is an important step in ensuring that your loved ones carry out your wishes after you die. You wouldn't want your loved ones to have to make difficult decisions about your care just because they don't know what you would have wanted. If you're interested in creating a living will, make sure you familiarize yourself with the steps involved.
</span>
</p>
</div>Leaving a will is a great way to ensure that your loved ones know your wishes after you die or if you become incapacitated. There are different types of wills, and each one has its own benefits. If you’re considering creating a will, one type you may want to familiarize yourself with is a living will. What is a living…January 2022,Estate PlanningWhen to revise your estate plan2021-12-29T23:27:00Z2021-12-29T23:27:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
Many Florida residents engage in estate planning to prepare for the future. Knowing when to update your estate plan documents is important as certain situations make it necessary.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
You’ve gotten married or divorced
</span>
</p>
<p>
<span style="display: unset;">
Estate planning documents need revisions whenever you have a change in marital status. If you get married, you'll want to add your new spouse’s name to documents such as your will and trust to leave property and assets to them. You may also want to name them as your financial and healthcare power of attorney so they can make decisions on your behalf if you’re unable to due to incapacity.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
If you get a divorce, you'll want to remove your former spouse from those documents.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
Issues arise with a beneficiary
</span>
</p>
<p>
<span style="display: unset;">
Unfortunately, things happen in life that may be unforeseen. One of your beneficiaries could pass away unexpectedly. If this happens, you will want to make changes to your estate planning documents. You can also name an alternate beneficiary who could receive the property and assets you wish to leave your first choice as a just-in-case.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
Sometimes, a beneficiary you've named might decide they don’t want to inherit anything from you. This could happen for any number of reasons.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
You have a new child
</span>
</p>
<p>
<span style="display: unset;">
Having a new child means that you should add them to your estate planning documents. Whether that child is by birth, adoption or even a stepchild through a new marriage, you will want to ensure they are taken care of by leaving them an inheritance.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
While your child is a minor, you will want to update your will</a> to designate a legal guardian for them in the event of your death. Forgetting to take this step might mean that the court will appoint someone to act as their guardian depending on the circumstances.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
Tax implications
</span>
</p>
<p>
<span style="display: unset;">
You might want to update estate planning documents such as trusts if there are potential tax implications. You can add assets to a trust to hold and protect them if you plan on passing them down to beneficiaries. These assets are owned by the trust and thus are generally not considered part of your estate for estate tax purposes.
</span>
</p>
</div>Many Florida residents engage in estate planning to prepare for the future. Knowing when to update your estate plan documents is important as certain situations make it necessary. You’ve gotten married or divorced Estate planning documents need revisions whenever you have a change in marital status. If you get married, you’ll want to add your new spouse’s name to documents…Estate Planning,December 2021A legacy that only charity builds2021-11-24T19:08:00Z2021-11-24T19:08:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
Building a charitable legacy can't be done perfectly in just one day. Understanding the full influence that your giving will have requires insight and thorough estate planning. Florida laws are friendly to those building their estates in an effort to positively impact society.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
<span>
</span>
Assigning beneficiaries
</span>
</p>
<p>
<span style="display: unset;">
The first step in planning future charity is to start with naming your beneficiaries. Beneficiaries are people or entities that you consent to receive your assets. Even if you're alive, assets can be automatically bequeathed to a charity when you wish. The only way to have your charities listed as beneficiaries is to name them when you update your estate plan.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Rollovers for charities
</span>
</p>
<p>
<span style="display: unset;">
The estate planning process accounts for your retirement and the money you set aside for this period. For retirement accounts like IRAs, you can designate a specific date in which funds get sent to a charity. Any funds transferred to a charity are tax free and will even reduce your taxable status.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
The revocable trust
</span>
</p>
<p>
<span style="display: unset;">
Trusts are coordinated agreements that are financial in nature. A trustee, being an account manager, oversees the trust. The assets of the trust go to a beneficiary, which can be a charity you choose. Transferring assets from a trust to a charity ensures that the assets aren't taxed.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
The will
</span>
</p>
<p>
<span style="display: unset;">
Wills can state your wishes for specific assets to go to a charity. Within a hearing, a judge identifies the charities you bequeath assets to. Your will is then examined for specific or general orders. These orders are given to the charity in regard to how they must use your money.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Estate planning in Florida
</span>
</p>
<p>
<span style="display: unset;">
It's possible to create a legacy behind your charity. You need good planning to understand what your impact will result in.
</span>
</p>
</div>Building a charitable legacy can’t be done perfectly in just one day. Understanding the full influence that your giving will have requires insight and thorough estate planning. Florida laws are friendly to those building their estates in an effort to positively impact society. Assigning beneficiaries The first step in planning future charity is to start with naming your beneficiaries. Beneficiaries…Estate Planning,November 2021Estate planning for new parents in Florida2021-10-21T22:26:00Z2021-10-21T22:26:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
As a new parent, you will need to make many decisions about the future of your family. One of these is estate planning. However, this task is not always easy, especially considering that any mistakes in estate planning can be catastrophic. To boost your chances of creating a successful plan, consider the following points.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Who the estate executor will be
</span>
</p>
<p>
<span style="display: unset;">
An estate executor is responsible for making sure that your estate plan works as expected. This includes making sure that your estate gets distributed in the way you intended. You may appoint someone close to you, but this person should have no personal interest in what happens with your estate after death. This is important because if there are any disagreements within the family about your estate, an impartial estate executor will help to resolve the issue.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Whether you have life insurance or not
</span>
</p>
<p>
<span style="display: unset;">
Life insurance is necessary for estate planning as it provides a source of money to cover the deceased's final expenses, such as funeral costs and estate taxes, as well as a source of income for surviving dependents.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Having a good life insurance policy will ensure that your dependents are financially stable after death. This means taking into consideration what will happen with any student loans or other debt once they inherit everything from your estate.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Whether you've accounted for all your assets and taxes
</span>
</p>
<p>
<span style="display: unset;">
It is important to make sure that all your estate's assets are accurate and accounted for, including taxes. This is because estate taxes are usually calculated by the estate's value, which includes all assets, including property, cash savings and investment accounts, that you own at your death. You don't want your beneficiaries to face any surprises in the form of estate taxes or previously unknown estate assets at the time of your death.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
If you've not made estate planning a priority, it is time to consider this important task and take the necessary steps forward. The considerations above are some of the most important ones in this process, so always keep them in mind.
</span>
</p>
</div>As a new parent, you will need to make many decisions about the future of your family. One of these is estate planning. However, this task is not always easy, especially considering that any mistakes in estate planning can be catastrophic. To boost your chances of creating a successful plan, consider the following points. Who the estate executor will be…Estate Planning,October 2021POAs are just as important as having a will2021-09-22T20:04:00Z2021-09-22T20:04:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
Power of attorney designation can be a real asset for senior Florida residents who have difficulty functioning normally through life. It allows the primary grantor to focus on themselves and their well-being while having someone they can trust handling personal affairs. Anyone with power of attorney designation still has a responsibility to the grantor, so it is not an absolute assignment. POA designees are primarily meant to serve as an official decision-maker only in the event of incapacity.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
Medical POA
</span>
</p>
<p>
<span style="display: unset;">
A medical power of attorney allows the grantee the authority to make medical decisions for the grantor outside of any prior advanced directive, also known as a living will. A living will is usually established in addition to a primary last will and testament, and the POA must adhere to these directions. In general, a medical POA works with medical professionals when decisions must be made concerning the grantor, including nursing home or home care decisions. This designation is typically a part of any estate planning preparations for Floridians.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
Financial POA
</span>
</p>
<p>
<span style="display: unset;">
Financial POA is the more common agency assignment, and it is also the one that individuals think of first when POA is granted. The assigned POA grantee does have the authority to act as a personal agent in all financial matters, but they also have a fiduciary responsibility to the grantor when the grantor is still capable of making decisions. Some estate planning directives will state what must be done in certain situations involving finances, and the designated POA must follow any prescribed instructions.
</span>
</p>
<p>
<span style="display: initial;">
<br/>
</span>
</p>
<p>
<span style="display: unset;">
While the designation of power of attorney can be granted to two or more different individuals, most cases will include only one power of attorney who has official authority for decisions. These are typically family members or very close friends with others to consult when decisions are to be made. It is important to remember that power of attorney ends upon the death of the grantor, so any looming issues should be addressed in short order before any eminent passing.
</span>
</p>
</div>Power of attorney designation can be a real asset for senior Florida residents who have difficulty functioning normally through life. It allows the primary grantor to focus on themselves and their well-being while having someone they can trust handling personal affairs. Anyone with power of attorney designation still has a responsibility to the grantor, so it is not an absolute…Estate Planning,September 2021The benefits of revocable trusts2021-08-24T01:37:00Z2021-08-24T01:37:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
Florida residents who would like to simplify the way their estates are administered after they pass away often choose to create revocable trusts instead of drafting wills. Revocable trusts are documents that allow individuals to manage their assets while they are alive and determine how they will be distributed after they die. They are called revocable because they can be modified or terminated.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Creating a revocable trust
</span>
</p>
<p>
<span style="display: unset;">
The person who creates a revocable trust for asset management purposes is called the grantor, and the parties they choose to manage them are called trustees. Trustees are usually family members or trusted acquaintances, but they can also be corporations like trust companies or banks. Under Florida law, the person who creates a revocable trust can also be a trustee. The benefits of doing this include avoiding a new assessment and possible fees and taxes when real estate is transferred to a revocable trust. However, grantors who name themselves as trustees should always have at least one additional trustee to ensure that their assets will continue to be managed if they become incapacitated.
</span>
</p>
<p>
<span style="display: unset;">
</span>
</p>
<p>
<span style="display: unset;">
Incapacity
</span>
</p>
<p>
<span style="display: unset;">
One of the chief benefits of revocable trusts is that they ensure the grantor’s assets remain available to them if they become physically or mentally incapacitated. When individuals who do not have a revocable trust or durable power of attorney in place become incapacitated, court proceedings are necessary to appoint a guardian to handle their legal and financial affairs. These proceedings take place in public, which means they can be embarrassing as well as costly.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Avoiding probate
</span>
</p>
<p>
<span style="display: unset;">
Creating a revocable trust can provide peace of mind and allows the grantor’s estate to avoid probate. This is the legal process that determines whether the will left by a decedent is valid and supervises the transfer of their assets. Jointly owned assets are not subject to probate. In Florida, estates that have non-exempt assets worth less than $75,000 go through a simplified procedure called summary administration. An experienced estate planning attorney could explain the benefits of revocable trusts as well as other estate planning tools like durable powers of attorney and health care directives.
</span>
</p>
</div>Florida residents who would like to simplify the way their estates are administered after they pass away often choose to create revocable trusts instead of drafting wills. Revocable trusts are documents that allow individuals to manage their assets while they are alive and determine how they will be distributed after they die. They are called revocable because they can be…Estate Planning,August 2021Do-it-yourself wills can be problematic2021-07-21T21:56:00Z2021-07-21T21:56:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
One of the most important estate planning documents in Florida is a last will and testament. This allows people to name an executor, select a guardian for their small children and set out their wishes for what happens to their property when they pass away. There are several ways that people can make their own wills without a lawyer's assistance, such as hand-writing one or buying a template. But is that really the best idea?
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Pitfalls of DIY wills
</span>
</p>
<p>
<span style="display: unset;">
Writing a will on your own is better than not having anything in place. Every adult in America should do at least some estate plan creation. However, you should understand that wills are governed by state laws. Sometimes, there are rules about how many people must witness a will, for example. If these aren't followed exactly, the will may be challenged in court and not hold up.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Another issue to consider when writing a will is how complex your estate is. If you rent an apartment, own one car and don't have many investments, it might be fine to write your own will from a template. But if you own a considerable amount of real estate, have minor children to consider or own a business, your estate is more complex. High-net-worth individuals need to be especially careful about estate planning because their heirs are sometimes targeted by unscrupulous fortune hunters.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
When should you consult an estate planning lawyer?
</span>
</p>
<p>
<span style="display: unset;">
It's a good idea to get some legal advice before making a will. Attorney fees may seem expensive, but going through probate is often time-consuming and nerve-wracking for everyone involved. Ensuring that you have a will that holds up in court is a great way to give your loved ones peace of mind. An experienced lawyer may be able to answer your questions and help you create exactly the kind of document you need.
</span>
</p>
</div>One of the most important estate planning documents in Florida is a last will and testament. This allows people to name an executor, select a guardian for their small children and set out their wishes for what happens to their property when they pass away. There are several ways that people can make their own wills without a lawyer’s assistance,…Estate Planning,July 2021Creating a valid power of attorney in Florida2021-06-21T22:23:00Z2021-06-21T22:23:00Z<div style="transition: opacity 1s ease-in-out 0s;" data-rss-type="text">
<p>
<span style="display: unset;">
Estate planning is complex, and it's a sensitive topic because it deals with vulnerabilities and the end of life. In Florida, power of attorney can be a very useful tool in estate planning. Understanding how to create a valid power of attorney is important for any adult.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
The basics of a power of attorney
</span>
</p>
<p>
<span style="display: unset;">
A power of attorney makes it possible for one person to act as agent for another under certain circumstances. Typically, it's used when someone becomes disabled. For example, if you have a power of attorney and you're in an accident that leaves you comatose, the power of attorney could go into effect. Once you're recovered, it would be terminated.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Power of attorney documents are also very useful for people who are aging and lose the ability to be responsible for their own care. In some cases, families may employ two powers of attorney: One person may take over medical decisions while the other handles finances.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Writing a power of attorney document in Florida
</span>
</p>
<p>
<span style="display: unset;">
Florida has very clear rules about what constitutes a valid power of attorney. Typically, the state will recognize POAs that were executed in other states or in the military even if they are slightly different to the Florida requirements. However, these are still complex documents, so it's a good idea to seek legal advice when developing a plan for power of attorney.
</span>
</p>
<p>
<br/>
</p>
<p>
<span style="display: unset;">
Consulting an experienced attorney while developing an estate plan may be one way of avoiding problems at the end of life. Also, it's important to understand that estate planning is an ongoing, lifelong process. Adults in Florida need to revisit their estate plans as their families change due to birth, death and divorce to make sure their current wishes will be carried out.
</span>
</p>
</div>Estate planning is complex, and it’s a sensitive topic because it deals with vulnerabilities and the end of life. In Florida, power of attorney can be a very useful tool in estate planning. Understanding how to create a valid power of attorney is important for any adult. The basics of a power of attorney A power of attorney makes it…Estate Planning,June 2021Understanding Medicaid Vs. Medicare2021-05-31T14:10:00Z2021-05-31T14:10:00ZLASA, which stands for “look-alike-sound-alike,” is usually seen when referencing medications by those who work in the healthcare industry. When it comes to federal programs, Medicaid and Medicare, in written form, look alike and they do sound alike but work very differently. Both Medicare and Medicaid were started in 1965 under Lyndon B. Johnson’s administration in response to the inability…May 2021,Firm NewsBefore Retiring, Evaluate These Six Major Factors2021-05-24T06:12:00Z2021-05-24T06:12:00ZIt is important to consider the impacts on your financial situation, before you decided to retire or leave full-time employment for other interests. The transition to your next phase of life, whether full or semi-retirement, adventure seeking, or family driven, requires thoughtful planning to avoid needless surprises that can mean the difference between financial success or financial stress. Whether you…May 2021The perils of do-it-yourself estate planning2021-05-21T23:34:00Z2021-05-21T23:34:00ZMany industries have opened the door to do-it-yourself or DIY methods, from home improvement to tax return preparation. The legal profession is no exception, estate planning services in particular, but many people wonder if a DIY approach to crafting complex documents is safe. While it’s true that you can use online services to create a Last Will and Testament, Durable…Estate Planning,May 2021The Coronavirus Pandemic Resulted in More Americans Creating Wills2021-05-17T04:00:00Z2021-05-17T04:00:00ZThere has been a sharp increase in the number of people completing their wills online. Understandably, the coronavirus pandemic has created the scramble to set up wills and end-of-life-directives. However, online do it yourself (DIY) wills are often deemed invalid as they do not comply with all of the legal requirements of your state. According to Caring.com, the prevalence of…May 2021Is the End of Long Term Care Health Insurance Near?2021-05-10T04:00:00Z2021-05-10T04:00:00ZLong term care will be a reality for 50 percent of all older adults. If you are an adult 65 or more, the percentage moves up to 70 percent. However, the demand for long-term care far outnumbers an affordable or even existing supply. For years the private sector long-term care insurers have been fleeing the marketplace. Americans who currently carry…May 2021It Is Crucial to Plan for the Unforeseen2021-05-03T04:00:00Z2021-05-03T04:00:00ZMany were left confused and unprepared when the coronavirus pandemic began. There are numerous reports of shortages of antibacterial hand sanitizer, disinfecting wipes, and even toilet paper. While we can’t predict when something like COVID-19 might strike, we can take steps to prepare for an unexpected crisis to help reduce the stress on ourselves and family members. Designate a family…May 2021Budget Balancing for Seniors2021-04-26T04:00:00Z2021-04-26T04:00:00ZMoney is one of life’s biggest concerns. People of all ages struggle to stretch their dollars to meet their needs and wants. Many seniors live on a fixed income and are presented with more challenges in making ends meet. Creating a budget can help seniors plan how to use the money they have to pay their bills and to save…April 2021Britney Spears’s Conservatorship: A Lesson in Estate Planning2021-04-19T04:00:00Z2021-04-19T04:00:00ZFor those who might not know, Britney Spears is a wildly successful pop singer who got her start in show business at the age of eight in the Mickey Mouse Club. Later, when she was in her twenties, she was reported as having a bit of an emotional melt-down and ended up spending some time in an institution. At that…April 2021Apprehension Among Millennials About Social Security2021-04-12T04:00:00Z2021-04-12T04:00:00ZWhen the US federal government established its social insurance program on August 14, 1935, its purpose was to provide retirement, disability, and survivors’ benefits. Since that time, in part due to the disappearance of extended family networks, an increase in population, and a profound increase in life expectancy, it has become challenging for the Social Security Administration (SSA) to maintain…April 2021Estate Planning vs. Undue Influence2021-04-05T04:00:00Z2021-04-05T04:00:00ZWhen people, family members, become quite elderly or ill, they also become susceptible to manipulation from those who will defraud or steal. Targeted attacks on vulnerable older people to exert what attorneys deem “undue influence” constitutes elder abuse. It disrupts the older persons’ impulse to provide for loved ones and instead leaves assets to the manipulator. Often, family members do…April 2021Respite Care: Giving Caregivers a Break2021-03-29T04:00:00Z2021-03-29T04:00:00ZRespite care is substitute care when a caregiver needs a break. If possible, these breaks should be scheduled regularly, giving the caregiver time to rest. It can be for a short period like a day or a few hours or for the purpose of giving the caregiver a vacation. Respite care is often overlooked. However, this type of care should…March 2021Why a Guardianship May be Necessary2021-03-22T04:00:00Z2021-03-22T04:00:00ZWhat is a guardianship? A guardianship is typically defined as a protective legal proceeding for someone who is incapacitated and unable to manage his/her own affairs. Incapacitated means that the elder is no longer able to receive and evaluate information and communicate decisions. This usually applies to the ability to make financial decisions or care-related decisions. When is a guardianship…March 2021When It’s Time to Leave the Family Home2021-03-15T04:00:00Z2021-03-15T04:00:00ZJane lived alone after her husband died and the kids moved away. She started to forget things, like putting the kettle on to boil and coming back to find the stove on fire. This, together with her diabetes and osteoporosis, seemed to Jane’s daughter Carolyn like a fast-approaching crisis. It was time to talk about Jane moving into a retirement…March 2021Plan for Your Digital Footprint2021-03-08T05:00:00Z2021-03-08T05:00:00ZThere are very few individuals without a digital footprint anymore. From social networks like Facebook, Linkedin, Instagram, Twitch.tv and Twitter, blogs and licensed domain names, email, music, photos, seller accounts on eBay, Amazon, or Itsy, gaming accounts, even your financial, utility, and medical accounts are all part of your digital footprint. When most of us created these accounts, we blithely…March 2021Changing Your Health Care Directives During COVID-192021-03-01T05:00:00Z2021-03-01T05:00:00ZThe advent of the coronavirus pandemic has prompted individuals to assess their values and priorities, and overall health. The little COVID-19 clinical information relating to treatment options and likely outcomes based on personal health history should lead all of us to the same conclusion; hope for the best, be prepared for the worst. If you have a medical directive, it…February 2021Financial Considerations as You Age2021-02-22T05:00:00Z2021-02-22T05:00:00ZIt is true that you spend the first half of your life trying to get something and the second half of your life trying to keep it. If you are a senior, or very nearly there, it is time to review how you plan to protect your finances. Below are seven steps to assist you in your financial planning. Get Qualified…February 2021Bacteria is the Hidden Cause of Many Diseases2021-02-15T05:00:00Z2021-02-15T05:00:00ZHealth experts have been advising people for years about unhealthy habits being the cause of “lifestyle” diseases that are increasing across the US. These lifestyle diseases become more common with age and include heart disease, type 2 diabetes, some cancers, and Alzheimer’s disease. Around the globe, these diseases account for 70 percent of all deaths. New Scientist magazine is reporting…February 2021Retirement Trends Have Changed2021-02-08T05:00:00Z2021-02-08T05:00:00ZIn France, proposals to raise the retirement age have been met with street protests. Yet around the world, the retirement age is creeping up; in the United States, it is moving up from 65 to 67. In fact, 2019 research shows that many Americans expect that they might never retire at all. People simply do not have enough saved to…February 2021Life Care by Geriatric Care Managers2021-02-01T05:00:00Z2021-02-01T05:00:00ZProfessional geriatric care managers tend to a senior’s unique health care situation needs rather than being responsive to a particular age. The truth is aging is a complex, highly individualized process, and a geriatric care manager (GCM) may be appropriate at age 65 or 105 and any age in between. A geriatric care manager is a highly-skilled advocate for older…January 2021Enhance Your Estate Plan with Life Insurance2021-01-25T05:00:00Z2021-01-25T05:00:00ZRecent events have caused many of us to consider our mortality and how we can plan to ensure our loved ones are taken care of, especially if the unexpected happens. Life insurance can be an affordable way to provide for our children, a spouse, a sibling, aging parents, and other loved ones. Life insurance can provide heirs numerous benefits: extra…January 2021Deterring Depression in Seniors2021-01-18T05:00:00Z2021-01-18T05:00:00ZIt is easy to be overcome with depression at any phase of life. Life is full of surprises and twists, and not all of them have a positive effect on our mental health. However, once a senior is in the grasp of depression, it is often difficult to find release. More than 6.5 million Americans aged 65 and up are…January 2021The Danger of Adding Your Children to Your Bank Accounts2021-01-11T05:00:00Z2021-01-11T05:00:00ZI plan to leave bank accounts to my children when I’m gone. Can I make my children joint owners? That idea sounds better than it truly is. Yes, you would avoid court proceedings when you pass. But you’d put yourself at risk, at a time when you might need your money yourself. Your accounts would be exposed to your children’s…January 2021Senior Americans are Having Trouble Meeting Basic Needs2021-01-04T05:00:00Z2021-01-04T05:00:00ZIt is nothing short of a national tragedy; 45 percent of aging Americans are not financially able to meet their most basic needs. Many of these older adults must routinely shuffle their available resources in an attempt to keep quality health care, a roof over their heads, lighting, heating and air conditioning, cash resources for food and medicine, and other…January 2021The Effect of Inheritance on Medicaid Planning2020-12-28T05:00:00Z2020-12-28T05:00:00ZAn inheritance is often the source of costly Medicaid-related mistakes which should be avoided. When a person is drawing Medicaid benefits and inherits money or property, that inheritance jeopardizes the benefits. The inheritance must be handled carefully to minimize expensive penalties. What “careful” means, though, can be misunderstood without the necessary expertise. The Right Steps for Handling Inheritance The first…Family Connection Promotes Healthy Aging2020-12-21T05:00:00Z2020-12-21T05:00:00ZThe importance of maintaining family presence and connection in a senior’s life cannot be overstated. Family creates a consistent social network and connection that directly impacts the senior’s overall quality of life. Prioritizing family relationships provides continuity as a senior experiences change in their social network. Friends may change, become ill and unavailable, or even pass away, but family is…Learn the Difference Between Wills and Trusts2020-12-15T05:00:00Z2020-12-15T05:00:00ZWills and trusts have specific yet differentiating benefits for the purpose of estate planning. Each state has specific laws and regulations governing these legal documents. You can have both a will and a trust; however, the information in each should compliment the other. As a standalone, it is not accurate to say one is better than the other. The better…The Concerns of Do-It-Yourself Estate Planning2020-12-08T05:00:00Z2020-12-08T05:00:00Z“Can’t I just grab a will off the internet, do a transfer-on-death deed for my land, put my kids on my bank account, and be done with my estate plan?” This is a common question we frequently hear. It’s just not a good idea. For the plan to work as you would want it to, it should account for plenty…A Crowdsourcing Site Can Help You Choose Where to Retire2020-12-01T05:00:00Z2020-12-01T05:00:00ZWhile aging in place is very popular among the baby boomer generation, about one-third of those retirees might choose to live elsewhere. The family remains the most significant factor when deciding where retirees live, followed by the general livability of an area and desirable weather conditions. The decision about where to live should be a high priority as you approach retirement age.…Addressing the Challenging Cost of Health Care2020-11-24T05:00:00Z2020-11-24T05:00:00ZWe are always grateful to those who are caring for the sick, as well as those who work to support those caregivers. At the same time, we should be skeptical of bills which may be presented for that care. The struggle to contain health-care costs in this country is now a fixture in the national policy debate. Our health-care expense…November 2020Key Considerations for Retirement2020-11-17T05:00:00Z2020-11-17T05:00:00ZBefore you leave full-time employment for other pursuits, consider the impacts of your decision on your future financial well-being. The transition to your next phase of life, whether full or semi-retirement, adventure seeking, or family driven, requires thoughtful planning to avoid needless surprises that can mean the difference between financial success or financial stress. Whether you have been planning your…November 2020Which Hospital Will You Go To if an Emergency Arises?2020-11-10T05:00:00Z2020-11-10T05:00:00ZWhen you call 911 for emergency medical services (EMS) your transport may route you to a hospital that is not closest to your home. While you have the right to ask to be transported to the hospital of your choice, either out of preference or to stay in your insurance network of doctors, you might not be permitted to do…November 2020Enhance Your Estate Plan with a Letter of instruction2020-11-03T05:00:00Z2020-11-03T05:00:00ZA letter of instruction (LOI) is an important part of any comprehensive plan. A letter of instruction can help your loved ones manage important information about you. A LOI conveys your desires, includes practical information about where to find various items referenced in your plan, and it can provide advice to help those you designate in managing your affairs. Even…November 2020Discover the Benefits of Walking2020-10-27T04:00:00Z2020-10-27T04:00:00ZWalking is one of the most effective ways to maintain your overall health as you age. It provides a myriad of benefits both physical and mental. Grab a buddy and walk. It can be your spouse, your neighbor, your children, a friend, your dog or any combination of these. If you don’t have a dog consider adopting a middle-aged slightly…October 2020Plan for When the Power Goes Out2020-10-20T04:00:00Z2020-10-20T04:00:00ZThe electronic infrastructure that powers our digital lives, including seniors aging in place, in retirement communities, assisted living facilities, and in nursing homes is a service frequently taken for granted. Everything is fine while devices, enterprise servers, and cloud services are powered up and providing the digital environment senior residents and business operators of senior facilities have come to expect.…Firm News,October 2020Finding a Silver Lining in the Coronavirus Pandemic2020-10-13T04:00:00Z2020-10-13T04:00:00ZHigh unemployment rates related to COVID-19 business closures have hurt business owners and their employees, many of whom are over the age of 50. Though workers of all ages have felt the effects of unemployment or reduced working hours, older workers will fare worse upon re-entering the workforce. Research shows the recession of 2008 found that those adults age 62…Firm News,October 2020Creating Powers of Attorney for an Adult Child2020-10-06T04:00:00Z2020-10-06T04:00:00ZWhen your child turns 18 (in most states), it might be difficult to realize that little child who once needed you for everything has now become an adult. Now your child is free to vote, marry, apply for a credit card, make medical and financial decisions, sign contracts, and live independently. No wonder the law calls this coming of age…October 2020Gains in Alzheimer’s and ALS Research2020-09-29T04:00:00Z2020-09-29T04:00:00ZGood news on the health front is so welcome these days. Now there is some, for the huge numbers of people suffering from Alzheimer’s dementia and ALS (Amyotrophic Lateral Sclerosis, commonly known as Lou Gehrig’s disease). Researchers have found links between those two dread illnesses, and the new understanding is showing promising results in the laboratory using drugs and genetic…September 2020Avoiding Pitfalls of Beneficiary Designations2020-09-22T04:00:00Z2020-09-22T04:00:00ZYou might think that leaving your property to your heirs would be simple. You make a will or a trust, you do a transfer-on-death deed for your real estate, you put your kids on your bank account, you designate beneficiaries for your life insurance and retirement accounts, and you’re done. If only things were that simple. The result you wanted…September 2020How Telemedicine is Changing2020-09-15T04:00:00Z2020-09-15T04:00:00ZTelemedicine is the digital source of healthcare-related services. Not long-ago telemedicine was an innovative practice, primarily a supplement to hospitals’ information strategy managing patient care and their data more efficiently. During the coronavirus pandemic and its associated urgent healthcare needs, hospitals and medical offices are making telehealth capabilities more available than ever before. Long-distance patient and clinician contact, advice, reminders,…September 2020Gray Divorce Impacts Finances2020-09-08T04:00:00Z2020-09-08T04:00:00ZAmericans aged 50 and over are experiencing gray divorce in larger numbers than ever before. The term gray divorce generally refers to the baby boomer generation and affects all classes and education levels. Research shows that splitting during middle age is particularly damaging to your financial well being. According to Bloomberg News, the US divorce rate for couples past the…September 2020Living Alone as You Age Increases Dementia Risk2020-09-01T04:00:00Z2020-09-01T04:00:00ZLiving arrangements for older Americans are decidedly leaning towards aging in place. Nearly all older adults prefer to age in the comfort of their long time homes and familiar community surroundings. Aging in place often means living alone. Pew Research findings show that older people are more likely to live alone in the United States than in any other country…August 2020Aging Americans Face a Long Term Care Crisis2020-08-25T04:00:00Z2020-08-25T04:00:00ZAging Americans are facing an escalating crisis regarding long-term care (LTC). Industry driven, massively underpriced policies are playing fiscal catch up with hefty premium rate increases. This price increase is forcing some aging Americans to abandon their policy while others struggle to reduce their amount of LTC coverage to keep their rates affordable or reduce their future lifestyle by dipping…August 2020The Challenge to Develop a COVID-19 Vaccine Effective for the Elderly2020-08-19T04:00:00Z2020-08-19T04:00:00ZOlder Americans are the demographic at the greatest risk of COVID-19 as well as the demographic which is least likely to respond well to a vaccine. A vaccine shot works by fooling the body into believing it has been infected with a virus, thereby prompting its immune system to fight the intruding pathogen by making antibodies. Unfortunately, as we age,…August 2020Even Wealthy Retirees are Cautious to Spend2020-08-11T04:00:00Z2020-08-11T04:00:00ZWhen the US economy was in a cycle of more than ten years of economic growth, its citizens, even the “wealthy” ones, were worried about running out of cash and scared to spend. Bloomberg.com is reporting many retirees, and near-retirees are sitting on their wealth in much the same way large corporations are hoarding stockpiles of cash. Even famed investor…August 2020Planning for Your Parent to Stay at Home2020-08-04T04:00:00Z2020-08-04T04:00:00ZTips for Selecting an In-Home Care Provider There may come a time when your parent is no longer safe living at home due to physical or emotional/social concerns. Instead of moving Mom or Dad to an assisted living or nursing home, in-home care can provide a solution that makes everyone happy— your parent can stay at home in familiar surroundings…August 2020A Living Will is an Important Part of Planning2020-07-28T04:00:00Z2020-07-28T04:00:00ZA living will defines your preferences for life-sustaining medical treatment. It is often accompanied by a health-care proxy or power of attorney, which allows someone to make treatment decisions for you if you are incapacitated and the living will does not have specific instructions for the situation at hand. “Living will” and “advance directive” are often used synonymously, but a…July 2020Utilize a Personal Property Memorandum2020-07-21T04:00:00Z2020-07-21T04:00:00ZWhen a parent dies, family members often argue over that parent’s favorite items. Arguments can take place over things like a coffee mug, a piece of jewelry or a painting. These types of arguments can be eliminated by filling out a personal property memorandum and keeping it with your will or trust. A personal property memorandum is designed to cover…July 2020Elder Abuse Has Increased During the COVID-19 Pandemic2020-07-14T04:00:00Z2020-07-14T04:00:00ZWhether at home or in a long-term care facility, elderly Americans are facing increasing incidents of mistreatment and abuse as social isolation during the pandemic creates more vulnerabilities. Stay-at-home guidelines isolate seniors from the systems that can protect them like medical providers, congregations, extended family, and senior centers. The high rate of coronavirus deaths for those Americans 70 and older…July 2020Make Sure You Have a Strong Power of Attorney2020-07-07T04:00:00Z2020-07-07T04:00:00ZPowerful “power of attorney” (POA) documents are essential, if there ever comes a time when you or your elderly loved ones become unable to manage your finances or make health-care decisions. Beware of Hospital and Internet POAs Beware if you rely only on POAs that hospitals provide, or that you have pulled off the Internet, or that you have got…July 2020Should Adult Children Pay for Elder Care?2020-06-30T04:00:00Z2020-06-30T04:00:00ZThe astronomical costs of long-term nursing care is no longer news. Costs can run around $7,000.00 or more per month, depending on location. Hundreds of thousands of people presently need that kind of care and the numbers are rising. Ten thousand “baby boomers” a day turn 65, and it’s projected that seven of ten of those people will need long-term…June 2020Medicaid: Will They Take Away My Home?2020-06-23T04:00:00Z2020-06-23T04:00:00ZA primary element of the American Dream is home ownership. People work hard all their lives to own a home, and it is often their most valuable and significant possession. So when health begins to fail and the need for long-term care arises, we often get this fear-filled question from our clients: will they take away my home? The enormous…June 2020Help Seniors Stay Connected Online2020-06-16T04:00:00Z2020-06-16T04:00:00ZFor many of us who are staying at home during this pandemic, the internet has become the primary source of action and connection. In many states, lawyers can now create estate plans remotely from start to finish. Likewise, many doctors are now practicing tele-medicine over the internet. Groceries, pharmaceuticals, clothing, all these and more can be ordered through the internet,…June 2020Health and Financial Concerns to Address Before Turning Age 652020-06-10T04:00:00Z2020-06-10T04:00:00ZIn the United States, turning 65 years of age is a milestone on many levels, but before this birthday, there is a hefty checklist that you need to address to continue aging successfully. Overall the most crucial thing to do before turning 65 is to invest your time wisely crafting the best approach possible for your health and financial security…June 2020How Can an Advance Directive Help You?2020-06-04T04:00:00Z2020-06-04T04:00:00ZKevin stands at the door of Wanda’s nursing home room, tears streaming down his face. The medical staff just finished inserted a feeding tube into Wanda – an act Kevin knew she didn’t want. Unfortunately, Wanda couldn’t express her wishes due to advanced dementia, and she had no legal documents that expressed her wishes not to be fed by artificial…June 2020Tips on Communicating with Your Kids About Their Inheritance2020-05-28T04:00:00Z2020-05-28T04:00:00ZMany parents are uncomfortable talking to their kids about their wealth. Talking about how much money or property you have is usually viewed as taboo. Asking someone else about what they have is often considered impolite. But failing to talk to kids about how much they may inherit could leave them unprepared to handle even a modest amount, and often…May 2020The Impact of the Pandemic on Social Security Funding2020-05-21T04:00:00Z2020-05-21T04:00:00ZThe US Social Security Administrations has funding trusts known as the Old-Age and Survivors Insurance (OASI) Trust Fund and the Disability Insurance (DI) Trust Fund. In their 2019 annual report to Congress, the Board of Trustees released some startling detail about projected insolvency for the Social Security Program by the year 2035. The Social Security Administration (SSA) has been dipping…May 2020Simple Steps to Save Money While Aging Well2020-05-14T04:00:00Z2020-05-14T04:00:00ZYour senior years should not be plagued with money woes. The stress that money problems bring not only ruins your aging experience but can also be disastrous to your health. Rising health care costs and your increased need for health care can add up to big bills that can further tax your health. To age well, you must use sound…May 2020How Will the Aging Middle Class Pay for Long Term Care?2020-05-07T04:00:00Z2020-05-07T04:00:00ZAs we age, simple things we took for granted as kids become more difficult — and more expensive. That’s a truth all of us know. What you may not realize is that the aging middle class will face unique difficulties going forward. The private market offers options for assisted living, but at a price too high for the middle class;…May 2020Telehealth Replacing In-Person Appointments During COVID-19 Pandemic2020-04-30T04:00:00Z2020-04-30T04:00:00ZThrough the use of videoconferencing over wireless devices and remote health tech monitoring, telehealth can connect patients to vital health care services. According to the American Hospital Association (AHA), fully 76 percent of US hospitals are using some form of telehealth for their patient groups. During this COVID-19 pandemic, the federal government has freed up some regulations that previously stifled…Living Trusts and How They Can Help Seniors2020-04-22T04:00:00Z2020-04-22T04:00:00ZIt’s an unfortunate fact that seniors can be prime targets for financial abuse and scams. Sadly, the elderly are often taken advantage of by strangers — and sometimes even their own family members. That’s why it’s important that planning is in place to help seniors protect themselves and their assets. As we age, it can become increasingly difficult to manage…Stimulus Checks Impact on Government Benefits2020-04-16T04:00:00Z2020-04-16T04:00:00ZWe continue to receive questions from members about the impact stimulus check payments (up to $1,200 per person) will have on government benefits (SSI/Medicaid). As previously reported, because these payments are like tax rebates, they “shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such individual…If Your Spouse Needs Long Term Care Then an Inheritance May Not Be a Good Thing2020-04-10T04:00:00Z2020-04-10T04:00:00ZSay your spouse is living in a nursing home because of advanced Parkinson’s. Your spouse is currently receiving Medicaid benefits to pay for the high cost of that care. If you were to pass before your spouse, you wouldn’t want your spouse to inherit all your life savings, no matter how much you love your spouse. Inheriting all of your…Americans Are Creating Wills Amid the COVID 19 Pandemic2020-04-03T04:00:00Z2020-04-03T04:00:00ZThere has been an explosion in the numbers of Americans rushing to make their will online. Understandably, the coronavirus pandemic has created the scramble to set up wills and end-of-life-directives. However, online do it yourself (DIY) wills are often deemed invalid as they do not comply with all of the legal requirements of your state. According to Caring.com, the prevalence…The Influence of Baby Boomers in the 2020s2020-03-26T04:00:00Z2020-03-26T04:00:00ZThe baby boom generation is comprised of those Americans born 1946-1964, and according to the US Census Bureau (Bureau of Census), their numbers are estimated to be 73 million strong. This number represents nearly 20 percent of the American public. As they enter their 60, 70, and 80th decades, their influence will help to guide how billions of federal funds…March 2020Coronavirus and the Impact on seniors2020-03-19T04:00:00Z2020-03-19T04:00:00ZWe are living in confusing and scary times. The senior population has been identified as the most at-risk demographic for COVID-19. Information coming out about COVID-19 is very fluid, which can also contribute to overall stress. Thankfully there are ways to try and manage stress and stay as healthy as possible during this time thanks to advice from several federal…March 2020Simplify Life With a Bill Paying Service for Seniors2020-03-13T04:00:00Z2020-03-13T04:00:00ZIf you are a senior or have a loved one who is struggling with the process of paying their household bills, Silver Bills can eliminate the task and alleviate the worry about proper handling of monthly bills. As many baby boomers continue to opt for aging in place, home administrative tasks can become difficult. Family members who would like to help may…March 2020Understanding Medicare Coverage for Long Term Care2020-03-06T05:00:00Z2020-03-06T05:00:00ZMost people understand that by paying into Social Security throughout their careers, they can receive health care benefits through Medicare starting at age 65. Individuals under age 65 who qualify to receive Social Security Disability benefits are also covered under Medicare, as well as anyone of any age who has Lou Gehrigs disease, known as Amyotrophic Lateral Sclerosis (ALS), or…March 2020A Guide to Caring for Your Aging Parents2020-02-27T05:00:00Z2020-02-27T05:00:00ZAging is something you cannot escape, and it affects all family systems. It can be challenging for adult children to imagine their parents as seniors and to understand and respond to the reality that each parent will age differently. Even if you are in the fortunate circumstance where your aging parents can go it alone for a long time there…Steps to Take When You’ve Been Appointed Guardian of Property2020-02-21T05:00:00Z2020-02-21T05:00:00ZYour grandfather, Steven, can no longer make decisions on his own. A court appoints you to be Steven’s guardian of property, to help Steven manage his money. You become Steven’s “fiduciary.” The law now requires you to act to a high standard of good faith and honesty. There’s a lot of work involved with guardianship, and the high standard could…Reasons Seniors Should Engage in Estate Planning2020-02-13T05:00:00Z2020-02-13T05:00:00ZWhen it comes to establishing wills and estate plans, older Americans outpace their younger counterparts. Still, a significant number – 19 percent of those over age 72 and 42 percent of those between 53 and 71, according to survey data – lack any type of estate plan. Although managing these details can seem daunting, and even depressing, the task becomes far less…