Uncategorized - Elder & Estate Planning Attorneys

Tips You Need When It Comes to Ancillary Probate

When creating an estate plan, a common goal for many people is to avoid probate proceedings. Probate is the legal process through which the assets of a deceased person are distributed to heirs and beneficiaries. Did you know, however, that there is an additional type of probate proceeding called ancillary probate?

Ancillary probate can be required if you own real property or other assets that are attached in another state. To help you learn more about this important estate planning topic, let us share with you a few tips you need when it comes to ancillary probate.

First, it is important to be careful when appointing a future beneficiary as a joint owner or payable on death recipient of any property you own outside of Florida. Before committing to this important choice, take some time to consider whether what will happen if you need to be the sole owner of the property. Further, evaluate whether this lifetime gift will exclude you from public benefits such as Medicaid and what will happen if you change your mind after making this appointment. Discussing the implications of this decision with an experienced, local estate planning attorney may provide you with some peace of mind.

Second, did you know that a last will and testament will likely not cover any property you own outside of Florida? Unfortunately, this is true, and a factor that is commonly overlooked when people create their estate plans. A last will and testament only protects your in-state property, so be sure to account for this in your estate plan to ensure all of your property remains protected.

Above all, ancillary probate is not a “one size fits all” proceeding. We encourage you to discuss your specific circumstances with an experienced estate planning attorney who is familiar with the laws of your state. There are no uniform rules concerning ancillary probate, as different states have different laws. Importantly, do not wait to notify your estate planning attorney if you acquire any property outside of Florida or if you are planning a move in the near future.

These are just a few tips about ancillary probate. We know that this topic may raise more questions than it answers, as it is a particularly complex topic that can be challenging to understand. We encourage you and your loved ones not to wait to find the answers you need. We look forward to supporting you and your loved ones with your estate planning needs.

How a last will and testament can help you communicate your final wishes

The time to plan for what you want to happen after your death is now. A Last Will and Testament is a legal document that allows you to communicate your final wishes to loved ones and outlines your directions for distribution of your property and possessions to individuals and charities, known as beneficiaries.

“A person writes a will while they are alive, and its instructions are carried out once the individual passes away. The will names a still-living person as the executor of the estate. The probate court usually supervises the executor to ensure that wishes specified in the will are carried out.” says Anne Desormier-Cartwright of Elder and Estate Planning Attorneys, PA.

A last will and testament is not only a financial document. It also provides your directions for the care of your children and assigns guardianship, according to your wishes.

Elder and Estate Planning Attorneys PA is a law office small enough to provide personal service but large enough to handle all of your estate and planning needs.

5 Organizations That Make it Easy to Support Veterans in Meaningful Ways

When we value the sacrifices made by brave men and women in the U.S. Armed Forces, there are plenty of ways to give back. Saying a sincere “thank you for your service” can go a long way towards reminding them that people care. There is a lot more you can do, however, to support the veterans you know and those in your community.

In our practice we work with senior veterans and their loved ones to obtain valuable veterans pension benefits. We know this is just the first step, however, when it comes to all that we can be doing to help the veterans around us. This Veterans Day, let us share five organizations that make giving back to veterans not just easy but effective.

1. Directory of Veteran Services Organizations

Unfortunately, there are a lot of groups that claim to help veterans while failing to actually deliver. Some might have high administrative costs where only a small amount of funding ever makes it to a vet, and others might be outright scams. The best thing to do is to choose from the approved list of organizations offered by the U.S. Department of Veterans Affairs. The VA offers many legitimate groups to choose from, and finding some that fit your interests could make a huge difference for a veteran who needs help.

2. Purple Heart Homes

Purple Heart Homes is a nonprofit that was founded in 2008, by two combat veterans who were injured in Iraq. They set out to help fellow injured vets and today they provide safe and accessible housing for disabled veterans all over the country.

3. Four Block

Four Block is an organization that provides educational support for student veterans who are studying to acquire good jobs. A great way to support Four Block is by earmarking any donations you make to your alma mater so that some portion goes toward funding Four Block’s student-veteran scholarships.

4. Veterans Success Resource Group

The Veterans Success Resource Group provides professional and personal resources for veterans, their families, and their caregivers. It does this by bringing together hundreds of veterans at events all over the country that are designed to help them interact with potential employers, universities and local government representatives. Consider volunteering your time to help, or attend an event in your area to help connect a veteran to your professional network.

5. The Veterans Consortium Pro Bono Program

The Veterans Consortium Pro Bono Program is ideal for attorneys looking to expand their law practice, and for those who just want to help former service members. The program provides free training and veterans law experience for attorneys who agree to counsel or represent at least one veteran who needs help with a Veterans Court appeal.

We know these organizations are just a start to all the great groups out there working to improve the lives of veterans and their families. If you have groups that you work with, we would encourage you to share them with us as well! Do you have questions? Do not wait to contact our office to ask them or to schedule a consultation with Attorney Anne’ Desormier-Cartwright.

Special Needs Trusts Can Build Wealth While Protecting Access to Public Benefits

October is Special Needs Law Month. Every year special needs attorneys and advocates organize to help raise awareness and educate those with special needs, their families, and caregivers about their legal rights and care options.

One of the most important services they provide, is planning guidance. Or, how best to provide long-term stability for a family member with a physical or mental disability, even after their parents or guardians have passed away. Often, the best way to do this is through a Special Needs Trust.

A Special Needs Trust is a type of irrevocable trust that specializes in allowing disabled people to use assets held in trust for their benefit, while at the same time allowing them to receive essential government benefits, like Medicaid and Supplemental Security Income. An additional protection is that a Special Needs Trust can hold and manage property intended for a special needs person but without giving them control if he or she lacks the legal capacity to handle his or her own affairs.

Normally, government programs have very low income thresholds. One gift of $2,000 given directly to a special needs person from a loving relative, for example, could undermine entire eligibility status. Further, the gift doesn’t even have to be cash to disqualify the person.

Thankfully, money given to a Special Needs Trust shields disabled persons from these income limits because they won’t technically own the assets. Instead, under this estate planning technique, the trust will.

In these scenarios, Medicaid and Supplemental Security Income would provide for basic healthcare and living needs, while the Special Needs Trust could provide for “special needs,” such as educational programs, specialized therapies, and even comfort and luxury items. Public funds are not meant for these purposes.

Here is a word of caution. If the Special Needs Trust is used to pay for basic items, like groceries and simple housing costs, or if payments are made directly to the beneficiary, then those payments could be construed as income and your special needs family member could lose public benefits. In addition, the Supplemental Security Income program does not allow for cash to be given directly to a Special Needs Trust beneficiary. This can include groceries, rent, mortgage payments or electric utilities. It is important to speak with your attorney to learn how to make proper distributions.

We know this article may raise more questions than it answers for you. Do not wait to contact our office to schedule a meeting with attorney Anne’ Desormier-Cartwright.

For Seniors, Knowing Your Community is Vital for Hurricane Preparedness

When it comes to planning for any major event, being informed is perhaps the greatest advantage you can have. “Knowledge is power,” as the saying goes. When considering the tremendous destructive power of hurricanes, a little bit of knowledge can make all the difference, especially when it comes to planning for the seniors in your life.

Seniors are more vulnerable to natural disasters, so being informed takes on extra importance. One of the first ways of safety planning would be for seniors to assess their neighborhoods and communities. This does not have to be done alone. In fact, it can best be done in consultation with a trusted family member, friend or your agent under your Florida power of attorney.

Make a list of how a hurricane might affect you. For example, consider these questions:

Do you live in a flood zone?
Do you have large tree branches hanging over your house that are susceptible to high winds?
What is the quickest path out of your neighborhood?
Where is the nearest public shelter in case an evacuation order is issued?
How much medicine do you need each week and do you have it on hand?
Where is the closest hospital?

These are a few questions aimed at identifying practical items that would need to be accounted for when creating a hurricane prep plan.

Unlike tornadoes, hurricanes are usually known and monitored by weather services and news stations before they impact a given area. But they are also unpredictable in terms of which path they’ll ultimately take and may leave with little time to prepare.

Considering the sheer size and power of these mega-storms, you’ll need to come up with a way of getting timely, accurate and reliable information at the local level – especially if the storm knocks out your power. For seniors who statistically have less access to technology, this may pose even more of an issue.

Public warning systems exist for this purpose. Get to know how your local authorities communicate this information. For example, if emergency information is reported by radio, then find out the exact station.

You may also connect with your local fire department. Stop by, introduce yourself and ask for advice on how you can best prepare for a hurricane as a senior. Ask them what you should know about the layout of your neighborhood and community? Determine if there is a priority evacuation list you may be placed on. Discuss your plan with them and ask for help refining it. Bear in mind, there also may be a priority list with your utility company, especially if you take refrigerated medication.

Finally, connect with your neighbors. Many neighborhoods have safety watch programs, block associations and faith-based groups dedicated to serving those in need. Let them know who you are and where you live so they can check-in on you before, during and after a hurricane.

We know this article may raise more questions than it answers. Having a disaster plan is just the first step. You also need Florida estate planning to ensure that there is a person with legal authority who may act for you in a crisis. Do not wait to contact us with your questions.

6 Articles to Help People Living with Disabilities (plus a bonus resource)

We recently had someone reach out with a number of interesting articles that are designed to help people living with various disabilities. Thanks, Jennifer McGregor, for putting this list together.

Please consult with your physician prior to implementing any changes recommended in these resources. Be advised that there is no implied endorsement of the information contained therein.

Jennifer is a pre-med student. She and a friend developed PublicHealthLibrary.org for a college class. Her goal is to turn it into a go-to resource for reliable health information on the Web.

Explaining special needs to your child: 15 great children’s books: Are you at a loss about how to explain special needs to your child? Here are 15 books that you can read to your child or classroom that will help explain special needs to children.
How to Remodel for Accessibility: Not everyone can move when disability hits. Here’s how you can create a handicap accessible home with a remodel.
Developing Your Blind Child’s Sleep Schedule: This is a unique challenge as a blind child’s circadian rhythm is thrown off because they don’t have light cues. There are things you can do to establish a sleep schedule.
How to Exercise if You Have Limited Mobility: You don’t need to have full mobility to experience the health benefits of exercise. While there are challenges that come with having mobility issues, by adopting a creative approach, you can overcome any physical limitations and find enjoyable ways to get active and improve your health and well-being.
Healthy Eating Advice for Wheelchair-bound People: This fact sheet offers general advice for people who are wheelchair-bound. The scale of immobilization and/or paralysis directly affects the function of digestive organs. Here’s a short list of foods you might want to avoid and those you want to include in your diet.
How to Create a Backyard Sanctuary for Kids with Disabilities: Children of all abilities and needs should have room to play and explore their world. Here are some ideas on how you can create a fun outdoor space for children of all needs.
Bonus Resource – A Number to Call When Traveling with Someone Autistic: It can be quite daunting to fly with an autistic person as there’s a lot of extra stimuli that can disturb them. There are resources out there to help, one of which is a phone number that can help ease the security checkpoint process. Call three days before traveling (855) 787-2227.

Choosing the Right Trustee for a Special Needs Trust is Critical

A Special Needs Trust, sometimes called a “third party” special needs trust, is a legal arrangement designed to benefit a disabled individual with special needs. This trust can be used to protect the assets of a child who faces a disability such as autism. Through this planning vehicle monies can be preserved for your child but are not actually owned by the child.

The purpose is to provide financial support and a plan for individualized care over the course of your child’s lifetime. Perhaps the most important decision regarding a Special Needs Trust, is determining who will be its trustee.

A trustee can be a parent or family member, an independent professional, or even an institution like a bank or a trust company. There’s plenty of legal latitude in this decision. But whoever the trustee, he or she will have near complete discretion about how to make payments and distributions from the trust on behalf of your child.

Choose wisely, because there’s a lot of responsibility you will ultimately be giving to this person.

Ideally, a special needs trustee would have meaningful experience in responsibly managing wealth. This could include managing a trust, including making secure investments, keeping up with different accounts, organizing and preparing tax items, and paying bills.

A trustee should also be knowledgeable about how each distribution might affect an autistic child’s public assistance eligibility. One of the main benefits of a Special Needs Trust is that it shields special needs beneficiaries from income thresholds used to determine whether a person qualifies for government programs and funding.

Even small direct payments to an autistic trust beneficiary, or a meager expenditure on a disallowed item, could disqualify the child from critical public assistance programs designed exactly for them.

Staying abreast of all the legal changes is a tremendous responsibility. You want the trustee you select to work alongside an experienced elder law and special needs planning attorney. Your attorney will be able to help the trustee navigate this changing landscape. Understanding the ins-and-outs of complicated and ever-changing health care, educational, and other important programs is no small task. Such expertise is not common knowledge, and a trustee should be both familiar with these areas and open to working with an attorney who has the knowledge necessary.

Other things to consider is whether a trustee candidate is reasonably competent to protect special needs trust assets from predators and creditors; if they’re capable of managing financial matters – such as the addition of new assets and income generating investments; and, most importantly, if they understand that their big-picture role is to provide for continuous stability once a special needs child’s primary caregivers are no longer able to take care for them. Discuss with your attorney if you should create the added protection of appointing a trust “protector,” who could have oversight of your selected trustee.

We know how important this decision is for you. Planning for a loved one with special needs is not only a critical task but an emotional one. Let us help answer your questions and share with you the planning you need in Florida. Do not wait to contact our office to schedule an appointment to discuss your special needs planning goals.

How Do I Know If My Aging Parent Can Live Safely at Home?

When you are the child of an aging parent, there may be a point in the future when you have to determine whether or not your parent can safely live alone. Ask yourself the following questions? Does my mother need additional help each day? Is my father comfortable living on his own? Does my mother need me to help her drive to appointments or take her grocery shopping? Has my father had any recent medical diagnoses that concern him or me with regard to his independence?

It is not always obvious when a parent needs daily help. This can be further complicated when you do not live in the same town as your parent. How do you learn that your parent may be having trouble? Do you have a relationship with your parent that allows you to ask questions regarding his or her wellbeing and know that you will receive an honest answer. How can you begin to identify if your parent may not be able to live independently anymore? Below are a few behavior patterns that you can be on the lookout for.

1. Your parent has become extremely forgetful.

We all forget things once and awhile. For instance, if your mom forgets where she placed keys, there may be no reason to worry. On the other hand, if your dad gets lost driving home there may be a real cause for concern. Other signs for concern may be if your parent consistently forgets to eat or maintain proper medication management. Keep an eye out for forgetfulness in your parent and know it is better to bring in a companion, or seek alternative living situations, too early rather than too late.

2. Your parent begins to neglect personal care.

If your parent is not showering daily or changing his or her clothes every day, it may not be a sign of laziness. In fact, it may be a sign of depreciating strength and continuous weakness. Personal care takes time and energy, and if your parent cannot complete these daily tasks it may mean he or she is too weak to care for him or herself.

3 Your parent has lost a significant amount of weight.

Similar to a lack of personal care, this may signify a decrease in strength that can highlight an underlying issue. It also may may suggest that your parent is too forgetful to eat or go to the grocery store. Ask your parent what has happened. Do not wait to go with him or her to the doctor to learn more or bring in assistance to help your parent with meals.

4. Your parent calls for help more frequently.

In the past, your parent may have called you to help pick up the yard after a storm or clean the gutters. When he or she begins to ask for help for easier tasks, such as getting the mail or reaching a specific shelf, it may be a sign that he or she is too tired to do it alone. Minute tasks can become quite difficult as we age, so keep an eye out for these instances and get help when it is needed if you cannot do it yourself.

We know it can be hard for both of you to accept that it is becoming harder for your parent to live independently. Most of us would prefer not to think about the long-term care challenges we could face in the future. If you have these questions, or any others, please do not hesitate to schedule a meeting.