In this article, you can discover… How to assess your needs and options as an older adult. The legal documents you’ll need to plan for long-term care. How to safeguard your rights with the help of an attorney. How Should I Assess My Long-Term Care Needs In My Tampa, Florida Estate Plan? A good estate planning and elder law attorney can work with you from a variety of angles to help you plan for the future. An attorney can explore your and your family’s concerns and take a careful look at your assets. They can also examine your estate planning goals and consider your long-term medical and emotional needs. A good lawyer will also help you understand eligibility requirements when it comes to paying for long-term care, whether that be through veterans’ benefits,…Read More
In this article, you can discover… The role and benefits of digital estate planning. The types of assets you can include in a digital estate plan. How an attorney can help you organize and manage your digital assets. What Is Digital Estate Planning? Digital estate planning helps protect your digital assets, such as cryptocurrency, passwords, data stored in the cloud, and social media information. Digital estate planning ensures that people you trust can access and control your digital information if you become incapacitated or pass away. What Are The Legal Considerations For Digital Estate Planning? These days, you are strongly encouraged to include language in your will or trust to appoint a trustee or personal representative to have continued access to your digital information. An attorney can also help you understand and navigate…Read More
Creating healthcare directives is an essential part of planning for your future in Florida. From appointing a healthcare surrogate to outlining your wishes for life-sustaining treatments, these tools provide peace of mind and prevent potential confusion for loved ones and medical providers. This guide walks you through the key steps of setting up healthcare directives in Florida, helping you make informed decisions. In this article, you can discover… The importance of healthcare directives in Florida and how they ensure your medical preferences are respected. Key information to include in your healthcare directive, such as choosing a healthcare surrogate and specifying treatment preferences. Common mistakes to avoid when creating a healthcare directive, like not updating the document as circumstances change. What Are Healthcare Directives? Why Are They Important To Have In Florida? Healthcare directives…Read More
In this article, you can discover… The unique characteristics of elder law. Common challenges faced by seniors and how elder law can help them. How an attorney can help protect your rights and interests as an elder. What Is Elder Law And How Does It Differ From Other Legal Fields? Elder law covers a variety of legal categories that impact older adults, and there is some degree of intersection with estate planning. Elder law is focused on the needs of older people with disabilities, dementia, and vulnerabilities, addressing quality of life issues and paying for long-term care. What Are The Legal Rights Of Seniors Under Elder Law In Florida? Seniors have many rights under elder law in Florida. For example, if a senior is part of incapacity proceedings for a guardianship case, they…Read More
In this article, you can discover… The role and benefits of a trust protector. The difference between a trust protector and a trustee. When to appoint or remove a trust protector. What Is A Trust Protector? A trust protector is named within the trust or is appointed by the court. They exercise certain powers over the trust and are given special legal oversight. The trust protector, however, is limited by what the terms of the trust allow them to do and can only make certain changes as needed. How Does A Trust Protector Differ From A Trustee In Florida? Both a trustee and a trust protector have a fiduciary duty to the beneficiaries. Both have certain important legal responsibilities. However, the trust protector differs in that they are not the initial person named…Read More
In this article, you can discover: How notifying creditors is a crucial step in estate administration. The role of the probate court in overseeing creditor notifications. The process of settling debts and the limitations on creditors in probate cases. What Is The Purpose Of Notifying Creditors During The Probate Process? Navigating the probate process can be a complex journey, especially when it comes to dealing with creditors. The law mandates that we notify creditors during this process. This notification serves a dual purpose: it informs creditors of the decedent's passing and sets a clear deadline for them to file any claims. This step is crucial for properly administering the estate, as it includes settling any outstanding debts. Who Is Required To Notify Creditors Of The Death? The responsibility of notifying creditors falls on…Read More
In this article, you can discover: Why nominating guardians is essential for children with special needs. How to address long-term needs in your estate planning. The importance of clear documentation to prevent confusion and conflict. What Estate Planning Documents Are Necessary To Set Up A Guardian For A Child With Special Needs? If you're a parent of a child with special needs, it's crucial to have a solid estate plan in place. Here are some essential estate planning documents you may need: Guardianship Designation: This document legally designates a guardian for your child with special needs in case something happens to you. It outlines who will assume responsibility for their care and decision-making. Will: In your will, you can specify your wishes regarding guardianship and also provide instructions for how you want your…Read More
In this article, you can discover: The critical role of notifying creditors in the probate process. How the personal representative ensures the estate's smooth administration. The importance of adhering to legal requirements for creditor notifications. What Important Steps Should I Take When A Parent Or Other Family Member Dies? When a loved one passes away, it's a time of grief and confusion. In addition to funeral planning, there are several essential steps you need to take. First, check if they had any pre-arranged funeral or burial plans. This can ease some of the burden during this difficult time. Next, ensure a legal pronouncement of death is obtained, typically a death certificate, usually arranged by the funeral home. It's also important to notify close friends and family, secure any property and personal items, and…Read More
Do you own real estate? Is it your home? A vacation home? Or rental property? It’s important to pay special attention to how you own your real estate. Here we take a look at the different types of real estate and information about the best form of ownership. This is important when you’re thinking about estate planning and asset protection. Your Home Because your primary residence (your homestead) receives special tax treatment, be very careful with how you own your home. In states like Florida, tenancy by the entirety offers married couples creditor protection. This protection is from the creditors of one of the spouses while still preserving relevant tax benefits. It also allows automatic transfer of ownership to the surviving spouse upon the death of the first spouse without court involvement. Transferring…Read More
Where there is a Will, there is not always an estate plan. A Will is a good start, but you need more. First, a Will allows you to do the following: Direct who inherits your property after your death Nominate an executor (personal representative) to administer your estate Nominate legal guardians for your minor children Second, a Will does not complete your estate planning For example, a Will is limited to what happens upon your death. What if you get very sick or become incapacitated? A Will is not going to allow your family or other trusted people to help you manage your finances, legal matters or your health care. At the very least, a proper estate plan should also include the following: 1. A way for someone you trust to manage your…Read More
