Tag: legacy planning

Essential Tips for Assisting Your Elderly Florida Parents in Choosing a Medical Alert System

As our parents age, ensuring their safety and well-being becomes a top priority. One effective way to provide peace of mind is by equipping them with a reliable medical alert system. These systems can be lifesaving in emergencies, offering immediate access to help with just the push of a button. For those living in Florida, where seniors often enjoy an active lifestyle but also face the threat of natural disasters such as hurricanes, choosing the right medical alert system is crucial to maintaining their independence while ensuring their safety.

The variety of medical alert systems available today can be overwhelming, making it challenging to decide which one is best for your elderly parents. It is important to consider factors such as their specific health needs, lifestyle, and the unique conditions of living in Florida, including the potential for hurricanes and power outages. During the month of August, Medic Alert System Awareness Month, let us share some essential tips to help you assist your elderly Florida parents in choosing a medical alert system that meets their needs and provides peace of mind.

  1. Assess their needs. Start by evaluating your parents’ specific health needs and daily activities. You may want to consider factors such as mobility, existing medical conditions, and whether they live alone. This assessment will help determine the features that are most important in a medical alert system, such as fall detection, GPS tracking, or in-home versus mobile options.
  2.  Consider the range and coverage. Do your research to ensure the medical alert system provides adequate coverage for your parents’ lifestyle. If they enjoy outdoor activities or frequently travel, a system with GPS tracking and a wide range of coverage is essential. For those who spend most of their time at home, an in-home system with a strong signal range will suffice.
  3. Evaluate the response time and monitoring service. The efficiency of a medical alert system depends on its response time and the quality of the monitoring service. Research companies that offer 24/7 monitoring with quick response times. Do not put off reading reviews and testimonials which can provide insights into the reliability and responsiveness of the service.
  4.  Check for waterproof features. In Florida, where water activities and unpredictable weather are common, it is important to choose a medical alert system with waterproof features. This ensures that the device can be worn in the shower or during outdoor activities without the risk of damage.
  5. Review battery life and power backup. Given the potential for power outages during Florida’s hurricane season, select a system with a long-lasting battery and backup power options. This ensures the device remains functional even during extended power disruptions.
  6. Compare costs and contracts. Medical alert systems come with varying costs and contract terms. You need to compare different plans to find one that fits your budget while offering the necessary features. Be wary of long-term contracts and hidden fees, opting instead for flexible plans with transparent pricing.
  7. Test the system and customer support. Before making a final decision, test the system’s functionality and familiarize your parents with its use during a trial period if one is offered. Additionally, evaluate the company’s customer support to ensure they offer reliable assistance and troubleshooting when needed.
  8. Look for additional features. Some medical alert systems offer additional features such as medication reminders, fitness tracking, and integration with smart home devices. These can enhance the overall utility and convenience of the system for your parents.
  9. Ensure ease of use. Choose a system that is easy for your parents to use. The buttons should be large and easy to press, and the system should have clear instructions. Simplicity is key to ensuring that your parents can use the device effectively in an emergency.

We know this article raises more questions than it answers.   In conclusion, selecting the right medical alert system for your elderly Florida parents involves careful consideration of their health needs, lifestyle, and the unique conditions of living in Florida. By following these essential tips, you can help ensure their safety and independence, providing peace of mind for both you and your parents.

Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Proactive Estate Planning Measures You Can Take to Prevent Disputes Over Your Will

Were you aware that one of the key concerns people have when considering Florida estate planning and the drafting of a will, is how to avoid a will contest after their death? Sadly, a will contest can lead to prolonged court battles, strained family relationships, and can significantly deplete the estate’s assets. To avoid these risks, there are seven steps you can take now in your estate planning. We would like to share these steps with you below.

  1. Be sure to work with an experienced Florida estate planning attorney. First and foremost, it is important to work with an experienced Florida estate planning attorney. A skilled lawyer will be sure that your Florida estate plan is legally sound, adheres to state laws, and clearly articulates your wishes. Your attorney can also provide advice on strategies to minimize the chances of a will contest, including ensuring all legal formalities are correctly followed. Be sure to share any specific concerns you may have about potential contests with your attorney and ask for tailored advice to avoid those risks.

 

  1. Be sure to think about speaking with your loved ones. You will want to speak with your attorney first but be aware that transparency can help in avoiding misunderstandings and disputes. You may want to discuss your estate plan as well as your goals with your loved ones. This does not mean you need to divulge every detail, but explaining your decisions can help manage expectations and reduce the likelihood of surprises that could lead to future contests.

 

  1. Be sure to choose the right decision makers. It is absolutely essential that you select trustworthy and competent agents, personal representatives, and trustees. These are the individuals who will be responsible for working with an attorney to administer your estate and ensure your wishes are carried out. Their ability to handle the role effectively and communicate with beneficiaries can greatly influence the probability of a dispute. Also, you may want to discuss this important role with them to ensure they are willing to serve in this capacity before naming them in your estate plan. 

 

  1. Be sure to plan out what you want clearly. The clearer your estate plan, the less room there is for interpretation or contention. Work with your experienced Florida estate planning attorney to be explicit about your wishes, including the distribution of specific assets. Your attorney may even recommend you write a letter that could accompany your estate plan for specific family members.

 

  1. Be sure to consider using tools like trusts to avoid probate. One of the complications of using only a last will and testament in your estate plan is that your estate will need to go through the probate process. This process is public and could open your estate up to challenges. On the other hand, when you use a trust agreement and fund your assets into it, you can eliminate the need for probate and provide a more structured distribution through trust administration. 

 

  1. Be sure to update your Florida estate plan on a regular basis. Were you aware that life changes, such as marriage, divorce, the birth of children, the sale of a business, or acquiring significant assets, necessitates updates to your estate plan? They do. When you regularly review and update your plan to reflect these changes, you ensure that it accurately represents your current wishes and circumstances, reducing the potential for disputes.

 

  1. Be sure to think about the emotional impact of your plan. Of course your death, your estate plan and future inheritances will be emotional. Unequal distributions or perceived slights can lead to hurt feelings and disputes within your family. You cannot control how others feel and you do not have to consider this in your planning, but being as fair and thoughtful as possible in your approach can minimize negative emotions that might fuel a contest.

Finally, while it is impossible to guarantee that your Florida estate plan will not be contested, taking the steps above can significantly reduce the risk. By discussing your specific concerns with your experienced Florida estate planning attorney and seeking their advice, you can develop a comprehensive strategy that addresses potential challenges and works towards ensuring your final wishes are respected and your loved ones are cared for as intended.

We know this article raises more questions than it answers. We know this article raises more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

What Should I Know If I Am a Beneficiary of a Trust Agreement?

signing documents

Have you just been informed that you are a beneficiary of a trust agreement? Are you familiar with what a trust is? In the state of Florida trusts are a fundamental part of Florida estate planning, offering a means to protect and manage assets for the benefit of specific individuals or entities. While trusts provide a structured framework for wealth management, it is essential to grasp the rights that beneficiaries hold within this legal arrangement. We would like to familiarize you with the rights that trust beneficiaries possess with a trust agreement and reveal how these rights can shape their interactions with both the trust and its trustees.

1. You, as a trust beneficiary, do have a right to information. Be aware that when the trust becomes active you, as a trust beneficiary, have the right to be kept informed about the trust’s details and operations. Trustees are obligated to provide accurate and complete information, offering insights into trust assets, investments, distributions, and any significant transactions. This transparency ensures that you are aware of the status of the trust and can make informed decisions when requested to do so.

2. You, as a trust beneficiary, may have a right to distributions. You need to know that the primary purpose of a trust is to provide benefits to its beneficiaries. Depending on the terms outlined in the trust document, beneficiaries may have the right to receive distributions, whether those are regular income payments, lump-sum distributions, or other forms of benefits. The provisions of the trust will determine the timing and nature of these distributions but in management of the trust there should be transparency with regard to these potential payments or other forms of distributions.

3. You, as a trust beneficiary, have a right to an accounting. Be mindful that accountability is paramount in trust management. You, as a trust beneficiary, are entitled to an accurate and comprehensive accounting of trust activities. This includes information about the trust’s assets, liabilities, income, expenses, and distributions. This right ensures that trustees are held accountable for their management of the trust and that beneficiaries can verify the trustee’s actions.

4. You, as a trust beneficiary, have a right to challenge. Know that if beneficiaries believe that a trustee has acted improperly or breached their fiduciary duties, they have the right to challenge these actions. When working with an experienced Florida estate planning attorney, this might involve filing a lawsuit to rectify the situation, seek damages, or remove an unfit trustee. Beneficiaries’ rights to challenge makes sure that trust assets are managed in the best interests of the beneficiaries.

5. You, as a trust beneficiary, may have the right to terminate or modify.  Finally, be aware that in certain circumstances, beneficiaries may have the right to request the modification or termination of a trust. This could be due to changes in circumstances, the achievement of the trust’s purpose, or other valid reasons. The ability to modify or terminate a trust ensures that the trust’s provisions remain aligned with beneficiaries’ evolving needs and goals which your experienced Florida estate planning attorney can explain to you.

It is important to note that while you, as a trust beneficiary, have rights, trustees also have their own set of responsibilities. Trustees are legally obligated to act in the best interests of the beneficiaries, manage trust assets prudently, provide accurate accounting, and carry out the terms of the trust document faithfully.

You, as a trust beneficiary, play a pivotal role in the success and effectiveness of a trust. Understanding the rights bestowed upon beneficiaries within the trust framework is crucial for both beneficiaries and trustees. As a trust beneficiary, knowing your rights empowers you to actively engage in the administration of the trust, ensuring that it serves your best interests and aligns with your financial goals. For trustees, adhering to beneficiaries’ rights is a fundamental aspect of fulfilling your fiduciary duties and maintaining the trust’s integrity.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Key Estate Planning Tips for Consideration in Digital Asset Management

Are you aware that in this digital age, Florida estate planning has become more complex? One reason is because of the increasing presence of digital assets that need to be planned for. What do we mean by digital assets? Digital assets refer to any form of content or information that exists in a digital format and holds value to individuals or businesses. Know that these assets encompass a wide range of items, including online accounts, social media profiles, cryptocurrencies, digital photos and videos, intellectual property, and more.

It is important to recognize that the value of digital assets can be both financial and sentimental. By working with your experienced Florida estate planning attorney you can include provisions for the management, distribution, or preservation of these assets in your estate plan to ensure that your digital legacy is properly created. Because of their unique nature, digital assets may require more strategic planning which your experienced Florida estate planning attorney may assist you with. 

Now, as digital assets continue to become both more complex and more prevalent, we have a few key estate planning tips in digital asset management that we share with many of our clients today.

  1. You need a detailed inventory. You need to begin by creating an inventory of all your digital assets. You should have a list of all your platforms, accounts, and any associated login credentials. It is important to keep this inventory updated and stored securely.
  1. You need to review the terms of service for each of your assets. We know that this is a constantly evolving area and can be subject to change at any time, usually at the sole discretion of the company that created the digital asset. So be sure to familiarize yourself with the terms of service and user agreements of the platforms where your digital assets reside. Be aware that some platforms have specific provisions regarding the transfer or management of accounts upon the user’s death or incapacity although this is not the norm.
  1. You need to give authority to your agent, your personal representative, and your trustee. You need to be sure that each of these three individuals, or one individual depending on the nature of your Florida estate plan, has the specific written authority to manage and dispose of your digital assets. 
  1. You need to create a central password manager for digital assets that are in your Florida estate plan. You could think about using password manager applications to securely store and manage your login credentials. Under the guidance of your Florida estate planning attorney you may want to go a step further and provide your future decision maker with the necessary access credentials to this central password manager account. While this will include usernames and passwords, it may also include two-factor authentication methods.
  1. You need to specify digital asset distribution. You need to work with your experienced Florida estate planning attorney to clearly outline your wishes for the distribution or disposal of specific digital assets in your Florida estate plan. This can include transferring ownership, deleting accounts, or preserving certain assets for sentimental or historical purposes.
  1. You need to regularly review, update, and manage your digital accounts. Digital assets and online platforms evolve rapidly as opposed to the ownership and access to more traditional assets such as real property. You need to regularly review and update your Florida estate plan to reflect any changes in your digital asset inventory, platforms, or preferences. 

By incorporating these key estate planning tips in digital asset management, you can better manage and protect your digital assets, ensuring that your digital legacy is handled according to your wishes. Remember, working with your experienced Florida estate planning attorney in this area is critical to remain up-to-date with changing laws and technologies that could impact your goals for your digital assets.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Safeguarding Your Legacy by Avoiding Common Mistakes in Will Creation

An attorney with an estate plan

Did you know that creating a last will and testament is an essential and often overlooked aspect of responsible lifetime planning? It is a testament to your lifelong efforts to provide for yourself and those you love most. When you take the time to develop not only a last will and testament but an estate plan, you are ensuring that your hard-earned assets and cherished possessions are distributed according to your wishes after you pass away and that there are protections in place to take care of you in the event of incapacity during your lifetime.

A well-crafted Florida estate plan must be clear, specific, and unambiguous to avoid confusion and potential conflicts both during your life and at the time of your passing. Vague language or poorly articulated instructions could leave room for interpretation, leading to disagreements and estrangements among family members or other beneficiaries. 

Unfortunately, many individuals make the critical mistake of attempting to create a will without seeking professional guidance from an experienced Florida estate planning attorney. 

Consulting with a Florida estate planning attorney allows you to express your wishes precisely and in a legally enforceable manner, leaving no room for doubt. Deciding to create a Florida estate plan is a life changing decision. When you decide to be proactive and not only make a Florida estate plan to create your legacy but also to protect those you love during your lifetime and at the time of your passing, you are setting intentions to protect your future. While creating a last will and testament is an essential part of your Florida estate planning, it is crucial to do so correctly to ensure your final wishes and goals can not only be reached but are carried out smoothly. 

Unfortunately, many individuals make the critical mistake of attempting to create a will without seeking professional guidance from an experienced Florida estate planning attorney. Although the notion of creating a do-it-yourself last will and testament might appear attractive due to its potential cost-saving allure, it can ultimately result in substantial legal and financial entanglements in the future. On the other hand, entrusting the task to an experienced Florida estate planning attorney proves invaluable as she brings her expertise to the table. By skillfully navigating the complexities of the legal landscape, your Florida estate planning attorney can ensure that your entire Florida estate plan remains not only legally sound but also thoughtfully designed to mitigate any potential disputes and alleviate tax burdens on both your beloved family members and your lasting legacy.

We know you have questions on how to avoid the biggest mistakes out there when it comes to Florida estate planning. Let us share ways to avoid the biggest mistakes people make when creating not only their Florida will but their Florida estate plan. 

  1. Seeking counsel from an experienced Florida estate planning attorney is paramount. Among the most critical errors individuals make is attempting to craft a will or estate plan without the guidance of a seasoned professional. By consulting with an experienced Florida estate planning attorney, you can adeptly navigate the intricate legal intricacies, ensure the plan you develop together is legally valid and binding, and effectively diminish the likelihood of disputes arising following your passing.
  1. Make a habit of regularly updating your Florida estate plan. Life is full of changes, including marriages, divorces, births, deaths, and acquiring new assets. To ensure your Florida estate plan accurately reflects your current desires, it is crucial to periodically review and update it with your Florida estate planning attorney, particularly when significant life events occur. By staying proactive, you can maintain a well-tailored plan that aligns perfectly with your evolving circumstances and wishes.
  1. Always consider contingencies when planning your estate. Collaborate with your Florida estate planning attorney to prepare for various scenarios in the event that your primary beneficiaries pass away before you do. By designating contingent beneficiaries, you guarantee that your assets will be distributed according to your wishes, even if the initial beneficiaries are no longer alive. This thoughtful approach to estate planning ensures that your legacy remains intact, regardless of unforeseen circumstances.
  1. Do not forget to include digital assets. In the digital age, it is essential to address your digital assets, such as online accounts, social media profiles, and digital files. Specify how you want these assets to be handled after your death.
  1. Store your will securely. Ensure your Florida will, and your entire Florida estate plan, is kept in a safe place and that your executor and trusted family members know where to find it. A safe deposit box or secure digital storage are good options but discuss with your Florida estate planning attorney to see what is recommended.
  1. Effectively communicate your wishes. Though not a legal obligation, engaging in open discussions about your will and estate plan with your family can significantly mitigate misunderstandings and potential conflicts in the future. Moreover, selecting the appropriate personal representative to manage your estate upon your passing is crucial to ensure a smooth and faithful execution of your wishes. By thoughtfully discussing your plans and choosing a responsible representative, you foster an environment of clarity, trust, and harmony that will safeguard your legacy and bring peace of mind to your loved ones during challenging times. Before you take this step, discuss the pros and cons with your Florida estate planning attorney.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

When Should You Initiate Your Estate Planning Process?

Elderly woman holding her hands.

Are you currently living in Florida? Are you healthy, with a growing family, active lifestyle and thriving business? However, have you begun to wonder the following: when should you initiate your estate planning process?   Be aware that a Florida estate plan is a crucial tool for all adults to have. Estate planning allows us to think about what we want for ourselves, our loved ones, our business, and our legacy. Although it addresses what happens at the end of our lives, it is so much more than that. Estate planning makes us answer tough questions including, but not limited to, what would happen if we no longer have the capacity we need to make our own decisions, who do we want in charge of our finances if we are incapacitated or who should be our beneficiaries?

Understanding you need a Florida estate plan is the first step forward to plan for your future. The next step is to ask: When should you initiate the process to create your estate plan? As Florida estate planning attorneys,  we are frequently asked this question and want to share five important events with you. 

  1. When you become an adult. Think your 18th birthday is too young? Think again, it is not!  If you do not have a Florida estate plan in place, there will be no one who has legal authority to make decisions for you in the event you are in a car accident or other crisis. In other words, no one will be able to pay your bills, access your bank accounts, or talk to your doctors. Your Florida estate planning attorney can work with you to create an estate plan that will protect you and let you name the people you want to be in charge of you in a crisis in your documents. Your estate planning attorney can also talk to you about how to create a legacy and plan for a time when you are no longer here.
  1. When you are planning to get married. Marriage is a wonderful event and you will want to plan with the person you love for your life together. It is an opportunity to think about how you want to protect and provide for each other. There is no better way to do that than with a Florida estate plan.  
  1. When you begin to have children.  When you have children, planning becomes even more important. You need to begin to think about and answer questions like: Who should care for my children if something happens to me? When should they inherit? How can I provide for their future if I am no longer here? These are the questions your Florida estate plan can answer when you work with an estate planning attorney. 
  1. If and when you receive an inheritance. It does not matter if you receive a small or large inheritance, it is important to protect it. The person who left you this money may have had clear instructions for you that you want to copy in your own estate plan or you may have inherited through a messy process that you do not want others to go through. Whatever your reason, this is a good time to meet with your Florida estate planning attorney and plan forward. 
  1. When you are beginning to start your own business. It is important that during your start up process to consider all the ways to protect yourself, your family, and your business from what comes next.  Your Florida estate planning attorney can not only help you design your estate plan but may also be able to advise you on your new business.

 

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Preparing for Summer Adventures: Essential Estate Planning Checklist for Travelers

Elderly couple in a tent on vacation.

Summer is here, are you ready to travel? Are you staying close to home? Or are you traveling to another state or out of the country to spend time with family and friends?  It seems that the travel choices you have now that the pandemic has lessened in its impact are countless. 

Are you vacationing with minor children or grandchildren who need their days planned with adventures or you are looking for adventure, or just getting a change of scenery or traveling to an exotic place with your loved ones? As you begin to prepare your summer adventures, have you added essential Florida estate planning to your checklist? We would like to share below on our blog a Florida estate planning checklist for travelers for you to complete before your summer adventure begins. It will enable you to travel with complete peace of mind.

  1. What about your mail? Be aware that neighbors and friends do not have the legal authority to pick up your mail while you are on your summer vacation. However, if you are gone for extended periods of time you do want someone to pick up your mail. So, under your Florida durable power of attorney, your agent would have the authority to pick up your mail if you were out of town.
  1. What about access to money, cash, and your bank accounts? How do you get access to your money while you are on vacation? Or if you need to make bank transfers? Or if you need to act on a business transaction or sell a piece of property? Your agent, under your Florida durable power of attorney, can be given the legal authority to handle these transactions on your behalf, and even work with your experienced Florida estate planning attorney to make sure it is handled correctly.
  1. What about health care decisions? While vacationing, if you were injured, unconscious, or seriously harmed to the point where you are incapacitated and not able to make decisions for yourself, who would make your healthcare decisions?  With your healthcare planning in your Florida advanced directives, you can identify not only a primary person to act in your place, but alternative choices in the event they are unable to act as well.
  1. Do you have travel insurance? Most summer travel has the opportunity to be covered by travel insurance and that is a good thing. However, the travel insurance company is not going to speak with someone who does not have legal authority to act on your behalf. Your Florida advanced directives will be a significant help should your travel insurance policy need to be activated by someone other than yourself.
  1. Do you have a plan in an emergency? While traveling, if something serious happens to you, your Florida estate plan will hold all the details of what to do. With the guidance of your experienced Florida estate planning attorney, your agent and your personal representative can work with your attorney to ensure your goals for your person and your legacy are met.

Finally, be sure to ask your experienced Florida estate planning attorney what estate planning documents to bring with you on your summer vacation.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

When Is The Best Time to Complete Your Florida Estate Plan?

Clients going over power of attorney with Lawyer.

Do you have a Florida estate plan? Are you aware that it is a critical tool that all adults living in Florida should have? With a Florida estate plan you can think about what you want for yourself, your loved ones, your business, and your legacy. It is also about more than what happens at the end of your life, although that is an important part of the process. In addition, estate planning also makes you answer the tough questions including, but not limited to, what should happen if you no longer have the capacity you need to make your own decisions.

Now that you understand you need a Florida estate plan to plan for your future, what is next? It may be to answer the question:  When is the best time to complete your Florida estate plan? As Florida estate planning attorneys, we are frequently asked this question. Below we have five very different instances to answer the question about when to create your Florida estate plan.

  1. As soon as you turn 18. Your 18th birthday is definitely not too young to create your Florida estate plan. Without an estate plan in place, there is no one who has legal authority to make decisions for you in the event you are in a car accident or other crisis. That means, no one will be able to pay your bills, access your bank accounts, or talk to your doctors. Your Florida estate planning attorney can work with you to make an estate plan that will protect you and put the people who you want to be in charge of you in place in a crisis. Your Florida estate planning attorney will also talk to you about how to create a legacy and plan for a time when you are no longer here.
  1. As soon as you get married. It is exciting to begin planning for a time when you will share your life with another person. You also want to think about how you will protect and provide for each other. The best way to do that is to work with an experienced Florida estate planning attorney and have a Florida estate plan created.  
  1. As soon as you have a child.  Planning becomes even more critical when you have children, especially minor children. Who will take care of them if something happens to you? When should they inherit? How will you provide for their future if you are no longer here? These are the questions your excellent and comprehensive Florida estate plan can answer when you work with a qualified Florida estate planning attorney. 
  1. No matter the amount, as soon as you inherit. Whether your inheritance is small or large, it is important to protect it. The person who left you this inheritance may have had clear instructions for you that you want to copy in your own estate plan or you may have inherited through a messy process that you do not want others to go through. No matter your reason, this is an important time to meet with your Florida estate planning attorney and plan ahead. 
  1. As soon as you start a business. As you begin the start up process you need to consider all the ways you should protect yourself, your family, and your business from what comes next.  In fact, your Florida estate planning attorney can help you not only design your Florida estate plan but be able to advise you on your business planning as well.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.

Could You Be Headed To A Will Contest In Florida?

could-you-be-headed-to-a-will-contest-in-florida

Have you created a solid Florida estate plan?  Did you try to create a Florida estate plan that can give legal authority to another person of your choosing? Your decision to choose this person is very important because he or she will now have the ability to make your decisions should something happen to you resulting in your inability to make decisions during your lifetime. However, this lifetime protection is just one part of the equation.

Legacy planning is also important to many people. People want to decide now what to do with their hard earned assets at the time of their passing. By creating a legacy through their estate plan they will be able to provide for their intended beneficiaries, not just in the present but often for years to come. We know how important a solid future for the loved ones of our clients is.

However, what happens when all your planning is not well received? What happens if the work you and your Florida estate planning attorney thoughtfully created for your legacy comes under attack from third parties? Who could these third parties be? They could be creditors, business partners, relatives, and even your own children, who do not agree with what you intended, created and planned. So how do you prevent your careful planning from coming under attack and potentially being undone? In fact, could you be headed to a will contest in Florida?

As Florida estate planning attorneys we understand your concerns and know what to do. We would like to share with you some ways to potentially limit the likelihood of a will contest, and ultimately be successful.

  1. Take the time to identify potential complications early and share them with your Florida estate planning attorney if you want to avoid any potential contests in the future. Do you have anyone in your life that you do not want to inherit from you? Do you have business partners or employees who do not want to be included if you are no longer here?  Do you want your business to continue without you? Could you sell your business? Is there anyone in your life, including an adult child, who you absolutely do not want to be making your decisions at the time of your incapacity or death?  
  2. It is very important that you do not risk your Florida estate planning, either in the creation or in the updates or amendments, with a do-it-yourself or internet estate plan! Be aware that there are strict laws to be followed when you want your Florida estate plan to work. While you can read about signing provisions, execution, requirements, notarization requirements, and much more, your best defense to potential legal challenges is the experience of a Florida estate planning attorney who you choose to work with. Your Florida estate planning attorney will understand your goals, your values, what you do and do not want, and will be able to support you both in life as well as at the time of your passing, especially if any challenges arise.
  3. It is acceptable that you consider letting others know your wishes for your legacy. We do have many of our clients choose to keep their Florida estate planning goals and choices confidential, but you do not have to. Communication is key in all situations, especially with the understanding of what you want for your legacy. Letting vital decision makers, and even beneficiaries, know your wishes early may be a critical step in helping them understand why you did or did not make the choices they believed were in their best interest. However, before taking this step, discuss the pros and cons with your Florida estate planning attorney.
  4. Consider trust planning, not just will planning, as a part of your estate plan. Unfortunately, despite much public misinformation, a Florida last will and testament does not avoid the probate process. Instead, the last will and testament ensures that a probate may be needed. Probate is a public proceeding and can give a forum for challenges to your Florida estate plan. With most Florida trust planning, however, the probate process can be avoided, and your trust administration process can be kept private.
  5. Most importantly, it is highly recommended that you hire an experienced Florida estate planning attorney. There is absolutely no substitute for experience in this area. Your Florida estate planning attorney, with years of experience and training, will be able to help you navigate these challenges both while you are creating your Florida estate plan as well as being available for your decision makers in the event of your incapacity or death. Be sure to discuss any and all concerns you have related to potential conflict at the time of your passing with your Florida estate planning attorney so you can receive guidance on what the best course of action is. Secrets, uncertainty, or surprises, in this area do not benefit anyone and in fact can damage your planning if they are not disclosed in full when you meet with your Florida estate planning attorney.

We know this article may raise more questions than it answers. Elder and Estate Planning Attorneys, PA, is a law office small enough to provide personal service but large enough to provide service in Jupiter, as well as Palm Beach, Martin, St. Lucie, and Indian River Counties in Florida. Our law firm will guide you through legal challenges involving elder law, estate planning, trusts, veterans benefits, real estate, and more. We encourage you to contact us and schedule a meeting with our attorneys.