Florida Estate Planning Lawyer Blog

As generations grow older, more and more women will find that they have significant assets worth giving to others when they pass away. In most parts of the world women have a longer life expectancy and commonly marry older men. This means that there is a good chance a wife will inherit her husband’s estate if she outlives her husband. Since the wife will typically outlive the husband, she will have the last word about the division of property between heirs when she passes away.

Due to statistics that show many women do not make as much money in their lifetime as men, it is important for women to do Florida Estate Planning . Women’s living standards could be compromised if proper estate planning is not accomplished. By planning for unforeseen circumstances with insurance and a Florida Revocable Trust, living standards can be easily maintained should anything occur to you or your loved one. Another issue to consider is how assets to a spouse may be limited to allow the spouse to obtain benefits but not put the families assets at risk. This is a combination of Elder law and estate planning.

Florida Estate Planning has never been something only men should complete before they pass away. In modern society, women are dying with significantly more assets than a vast number of men. A Florida Will or Florida Revocable Trust can ensure that your assets pass to your chosen heirs. Speak to a Estate Planning Lawyer in Jacksonville Florida who can assist you in fulfilling all your estate planning needs.

In Florida, it is a common principle of law that criminals should not profit from their crimes. Therefore, it follows that a murderer should not be able to inherit from the estate of their victim. The most common, but unfortunate event that would trigger a slayer statute would be when a spouse murders the other spouse.

Under the Florida statute, a surviving person who unlawfully and intentionally kills or participates in killing the victim is not entitled to any benefits under the intestacy code or the victim’s Florida Will or Florida Revocable Trust. Property that was originally meant for the killer passes as if the killer had predeceased the victim. A final conviction of murder in any degree is conclusive for purposes of this statute but in the absence of a conviction of murder in any degree, the court may determine by the greater weight of the evidence whether the killing was unlawful and intentional.

There are many situations where the slayer statute could arise in Florida Probate proceedings of a Florida Estate. None of them are simple and should be dealt with quickly and efficiently. For more information on how to deal with slayer statutes contact a Florida Estate Planning Lawyer or Jacksonville Estate Planning Lawyer.

One important aspect of the estate planning process is determining what will happen if one day you become incapacitated. The decisions that you make on a day to day basis will no longer be possible, therefore you will be required to rely on someone else to make these decisions for you. Two positions, the Florida Health Care Surrogate and Florida Durable Power of Attorney, can serve as decision makers when your time of need arises.

The designation of a Florida Healthcare Surrogate is vital to the estate planning process because this person will make the medical decisions for you in a situations where you are unable to do so. This does not mean that the person will always make medical decisions for you. Only when an individual becomes incapacitated to the point that the primary physician decides he/she can no longer make medical decisions for themselves. Situations such as this often arise when someone is unconscious.

A Florida Durable Power of Attorney determines your financial matters in the event you become incapacitated. It is important to choose a trusting person to whom you can assign this power because of the many responsibilities he or she will have. You can control the degree of power the person chosen has over financial matters but under most circumstances they will have complete control over your banking transactions, real estate transactions, and securities exchanges. In some cases this person can even run your business for you by making contracts and running the day to day operations.

These decisions involve imperative decisions to your estate and future should anything happen to you. Discuss these estate planning issues with your Jacksonville Estate Planning Lawyer who can provide guidance and expertise in this sensitive area of law.

If you think its time to review your Florida Will or Florida Estate Planning Documents contact a Florida Estate Planning Lawyer or Jacksonville Estate Planning Lawyer to review your documents before you begin to melt.

David Goldman of Apple Law Firm, Florida Estate Planning Lawyer Blog, and NFA Gun Trust Lawyer Blog became a member of the Estate Planning Professionals network (EPPN) of the NRA. The next EPPN event will be held in conjunction with the NRA Annual Meeting in Charlotte, North Carolina in May 2010.

As a member of the EPPN, David can modify wills and trusts with language that can be added to Florida Wills and Trusts to make bequests to the national Rifle Association or any of the NRA charities or endowments.

Many of my Jacksonville Estate Planning clients ask me when and how often they should review their Florida Estate Plan. I like to recommend that people take a look at their situation on a yearly basis and if they notice any of the following, they should make an appointment with their Florida Estate Planning Lawyer.

1. Change or contemplation of change in Marital status;
2. Death of spouse;
3. You or your spouses' health changes;
4. Death or change in the health or marital status of a trustee, executor, guardian, or beneficiary;
5. If you change your residence or move to another state;
6.. Change in or anticipation of the number of children or grandchildren whether by blood or adoption. Consider step-children also;
7. Any disabilities, health issues, or significant factors on lifestyle of children or grandchildren;
8. If you buy, sell, or contemplate buying or selling a business.
9. Upon the discovery of a hereditary issue that will or might affect you in the future; or
10. Change in tax law or its been more than two years since you reviewed your plan with your attorney.

We offer complimentary Florida Estate Planning reviews for our clients and those who have used another attorney in the past. Our goal is to provide the best protection for your and your family members. We often find that even some of the most expensive estate plans do not take into consideration the divorce or issues with your children. While some of us like our children-in-laws better than our own children, many do not want the future ex-spouse of our children to inherit 1/2 our our child's inheritance.

This morning I woke up ready to leave on a trip to NY with my family. We had had this trip planned for several months and my wife and I like to travel a lot. As I got out of bed, something happened and I fell and hit my head on our new tile floor. Within seconds there was blood everywhere and I became disoriented. After spending more than 12 hours in the hospital, and after having been treated by one of the nicest Jacksonville Plastic Surgeons's that I have met, I began to think about how many estate planners take their own advice and have documents that are up to date and trusts that are funded.

I first became concerned with my Florida Estate Plan when I was going to London for an extended time and there had recently been some bombings in London. My wife refused to go, or let me go, if our plans were not set in writing prior to our departure.

Today as I sit in the hospital, I am thinking that If I did not have plans and my injury would have been more serious, it may have been more difficult for my wife to speak on my behalf. What if I have had a heart attack, stroke, or just been unconscious as a result of my fall and injury.

In the end, none of these documents was necessary, but it was comforting to know that they were in place if they were needed. While the emergency room did ask if they existed, they did not ask for a copy, nor would it have been easy to produce a copy upon admittance. The next thing I will do is keep a copy of them on my iPhone, and my wife's iPhone in case they are needed.

It just goes to show you that you never know when you might need Florida Estate Planning Documents. While my documents are up to date, I know most people do not have up to date Florida Estate Planning Documents. At the Apple Law Firm, we practice what we preach because each of ourselves place our family in harms way daily when we drive, walk down the street or get out of bed. If you would like a free review of your Estate Planning Documents under Florida law, let me know and I would be happy to make sure your documents are up to date and you understand what your options and obligations are.

One of the best benefits of a good estate plan is avoiding Florida Probate. To learn what is involved with a Florida probate request the Free Florida Probate Handbook

Florida Estate Planning Documents can be lost during a hurricane or tropical storm. Just when a Florida Will, Power of Attorney, or Florida Living Will, Designation of Health care Surrogate & HIPAA release.

You should protect your original signed documents by keeping them in with in waterproof container and if possible off the floor or at a bank in a safety deposit box A scanned copy of these documents should be keep with your and made available at an off site storage facility like Google or any free document storage provider.

If you home is damaged and is inside a Florida Revocable Trust you may have to provide an original copy of the trust to the insurance company.

As the storm season approaches, it may be a good idea to update your Florida Estate Planning Documents with any changes in your family or financial circumstances so that your documents are up to date with your intentions and your capabilities.

Jacksonville Probate Lawyer, David Goldman has put together a Florida Probate Handbook that is being offered free to readers and visitors of his websites. If you would like a copy, visit the Free Florida Probate Handbook web page, fill out the form, and one will be sent to you within 24 hours by email.

While Florida generally recognizes wills created in another state that were valid at the time they were created, it is often a good idea to have your will reviewed by a Florida Estate Planning Lawyer when you move to Florida.

One problem we often run into is that guardians for minor children who reside in Florida must be a close relative or a resident of the state of Florida. Often people designate non-relatives that do not reside in Florida and these are not effective.

While it is possible to create a trust or other legal instrument to allow a non-resident to manage the property of a minor, this should not be done in a will as it may be ineffective.

There are many other issues that arise with a move across state lines. Some states are community property and Florida is not. It is best to have your documents reviewed to make sure that your desires are carried out. There are some wills like holographic wills ( a will that is handwritten by the testator) that may be valid in states like California that Florida will not recognize unless they comply with the Florida Statute of Wills.

Contact a Florida Estate Planning Lawyer for more information and a review of your documents.

Roy Doppelt, a California estate planning lawyer, wrote an article on HIPAA and Advanced Health Car Directives. Much of his information applies to Florida Advanced Health Care directives. Roy states that an Advance Health Care Directive appoints a family member or friend to make health care decisions for you if you become physically or mentally unable to make them for yourself.

The person appointed is your Agent and many people appoint backup agents to help make decisions. We typically draft these documents in conjunction with a living will and a HIPAA release so that your Agent cannot show one document without the other in an attempt to avoid your desires.

Google Health just began offering personal health records on the Web. They are joining WebMD, Microsoft, and Revolution Health.

These services are designed to help consumers manage their health care and medical spending records.

Google record allows users to send personal information to some clinics or to pull records from the clinic into the Google personal file. One clinic that has begun working with Google is the Cleveland Clinic.

As of the launch, more than two dozen companies announced a partnership with Google Health. Some of the companies include Walgreens, CVS, the American Heart Association, Quest Diagnostics, Beth Israel, Deaconess Medical Center, and the Cleveland Clinic.

If you plan to subscribe to a service like this make sure you deal with it in your Durable and Medical Powers of Attorney so that the benefit from these services is not lost by your subsequent incapacity.

To discuss how to integrate these services into your Florida Estate planning documents Contact a Jacksonville Estate Planning Lawyer.

It could be happening again in Florida, The Palm Beach Post has a report on a similar case. If you do not have a Florida Living Will now is the time to get one.

Karen Weber did not have a Florida Living Will when she suffered a seizure back in November. Her husband wants to disconnect the feeding tube that has kept her alive for the past 7 months.

The courts have not ruled on Ms. Weber's condition and it is Mr. Weber's intent to keep it a private matter.

Who could forget the circus that can arise when such an emotional issue is tried in the court of public opinion.

If you need a living will you can get a free one, I have previously posted a Free Florida Living Will on this site.

If you need help with Florida Estate Planning Documents please Contact a
Florida Estate Planning Lawyer

Often clients do Florida Estate Planning in anticipation of an overseas trip or international relocation. They often ask if they should make special considerations because of their anticipated location.

Generally we advise clients that the planning is basically the same even if they will be living overseas for an extended period of time. The one area where there may be differences is in their Durable Power of Attorney where it might be advisable to make changes.

These changes require an evaluation of the current and anticipated needs of the individual client and cannot be generalized.

If you are planning an international trip, going on a cruise, or moving overseas for a time, you should contact a Florida Estate Planning Lawyer to discuss or review your Florida Estate Planning Documents .

In Florida, and many other states animals are now allowed to be the beneficiaries of a special trust that is created to take care of them. These are often referred to as a Florida Pet Trust.

Today I was reading an article published in Arizona which stated that a Dog could inherit one's estate. While the article gives the correct advice the title is misleading and seems to suggest that a dog could inherit your estate. A pet may only receive the benefit of a Florida Pet Trust while the animal is alive. Being the beneficiary of a trust is not the same as inheriting part of an estate. In fact, a gift to a pet which is not in the form of a Florida Pet Trust would be void in Florida and most states.

To create a valid Florida Pet Trust please Contact a Florida Estate Planning Lawyer.

The other day, I wrote an article on the pitfalls of using a Free Florida Durable Power of Attorney. I have been thinking of a way to provide a good power of attorney for my readers. I have been unable to come up with a generic form that I feel comfortable publishing because of the huge liability associated with the Power of Attorney in Florida. Perhaps I will figure a way to accomplish this in the future. In the mean time, I have created the second most important document to any Florida Estate Plan - the Combination Living Will, Designation of Health care Surrogate and HIPAA Release.

You may ask what is a Combo Living Will and how is it different than my existing document. The biggest difference is that this document contains a HIPAA release which is necessary for your agent to obtain medical records, and the power for your agent to make decisions when you are unable to.

Many lawyers provide these as 3 separate documents. I find that my clients like to have them in a single document because it avoids the ability for your agent to show one or more but not all of the documents to achieve their desired results and circumvent yours. By having a single document you can make sure the objectives of Florida Living Will are preserved and consistent with any actions taken by your medical agent.
Free Combination Living Will, Designation of Health care Surrogate and HIPAA Release

You should have this document reviewed to make sure it was executed properly. Please contact your Florida Estate Planning Lawyer or Florida Lawyer to review the document.