DIY Legal Planning? Don't Try This at Home

                   D.I.Y.?  Don't Try This Yourself At Home

The death of a loved one is a life-changing event filled with emotion and can be traumatic.  Is there anything that can help ease the pain and promote the healing process? Absolutely - proper advance legal planning can make all the difference.

Imagine that someone close to you decided to write their own Last Will & Testament rather than seek the advice of a skilled and experience estate planning attorney.  The old adage "penny-wise and pound-foolish" would apply.  Relying on a stationary store form, Legal Zoom or, an internet site frequently results in creating a problem for the beneficiaries.

Look no further than your backyard.  A Florida woman used an E-Z Legal Form to create a Last Will & Testament.  Ms. Aldrich was very specific in identifying the type of assets (i.e. her house, car, life insurance, bank accounts) she wanted distributed to her sister or, if her sister predeceased her then to her brother.  However, her Last Will & Testament failed to contain a paragraph (known as a residuary clause) directing the disposition of all her other property.  Before Ms. Aldrich died, her sister died and left Ms. Aldrich $122,000.00 in cash and land.  Ms. Aldrich opened a new bank account and deposited the cash into it.  Ms. Aldrich did not revise her Will to include the property she inherited from her sister. Sometime during the last year of her life she wrote a hand-written note stating that all her worldly possessions should pass to her brother. We can see that Ms. Aldrich recognized the need to take action to devise (bequeath) the cash and land. This note did not meet the legal standards to be recognized as a 'codicil' to her Will.

The family became divided. Her brother believed that he should inherit all Ms. Aldrich's assets. Ms. Aldirch's nieces (children of a deceased brother) argued that they should receive a portion of the cash and land. The case went to the Florida Supreme Court read the case who decided that the property Ms. Aldrich inherited from her sister was to be distributed based on the Florida law of intestacy (dying without a Will).    That property would be distributed to her heirs who included both her living brother and nieces. If Ms. Aldrich had taken the time to consult with a lawyer after she inherited from her sister's estate, a proper Last Will & Testament could have been prepared and signed.  The cost of the 'form' Will may have been less expensive than a Will prepared by a qualified attorney, but the long run it cost more due to the legal fees incurred in the litigation as well as the dissension it created in the extended family. This is a real life danger of using a pre-printed form with no legal advice. It is not tailored to each person's unique situation.

One very important lesson to learn from Ms. Aldrich is to seek the advice of a skilled attorney and update your estate plan when there are major life changes such as:

1. a marriage

2. a divorce

3. a birth

4. a death

5. receipt of an inheritance

6. receipt of a lawsuit settlement

Our firm counsels people of all ages through the aging process. Young people over age 18 are legally adults and should have incapacity and estate planning documents so they and their families may have peace of mind.

We want to be your Trusted Advisor Through Life.

National Healthcare Decisions Day with Thoughts from Nadine Smith, Executive Director, Equality Florida

National Healthcare Decisions Day Affects Everyone Including the LGBT Community

 

Last night I had the pleasure of listening to and speaking with Nadine Smith the CEO of Equality Florida at the Sunshine Cathedral in Fort Lauderdale in observance of National Healthcare Decisions Day.  Nadine is an inspiring and motivating advocate for all people.  She helped our law firm - encourage attendees to complete written advance directives to make their wishes known so that their wishes will be honored in the future.  Nadine shared with us that she and her wife Andrea took personal responsibility to complete advance directives shortly after getting married as they approached the birth of their first child.  Thank you Nadine for being a role model! 

Everyone regardless of age, marital status, gender identity or sexual orientation can benefit from taking the time to complete an advance directive.  Benefits include:  

1.    maintaining your privacy

2.    choosing the person you trust to make healthcare decisions for you if you are incapacitated

3.    avoiding a court guardianship proceeding which is time-consuming, expensive and results in a loss of privacy.

Since Florida is a “non-recognition” state for same sex marriage at the time of this writing, I firmly believe that it is crucial for LGBT individuals to have advance directives. Inroads have certainly been made to remove personal bias and discrimination in a hospital setting (Medicare or Medicaid funded) when LGBT persons or domestic partners choose who can visit them thanks to the 2011 federal Patient Visitation Rule.  It is still important to select a medical advocate and make your healthcare wishes known.   The Patient Visitation Rule prohibits hospitals and acute care facilities from discriminating against patients by refusing visitation rights based upon sexual identity and gender orientation.  This Rule permits all patients to designate a 'support person' to determine who is allowed visitation as well as who is prohibited from visiting the patient.

If you were unable to join us last evening, here are some of the highlights of Nadine's presentation: 

Nadine Smith, Executive Director, Equality Florida



·     Since the 2008 constitutional amendment that defined 'marriage' as being between a man and a woman, polls show that 57% of Floridians now want marriage equality. 

·      When marriage equality is achieved in Florida it will still be important for counties to have domestic partnership registrations. Couples (straight or gay) who choose not to marry need basic legal protections such as freedom from discrimination, public or private benefits provided through employment, and to be recognized as their partner's support person.

·     Corporations are a considerable force in bringing marriage equality to non-recognition states.  Companies are realizing that in order to retain the best and brightest employees (and avoid the costs associated with turnover) they must provide a work environment that is safe from discrimination, that acknowledges domestic partners, same sex partners as along with their blended families. This means that corporations have a vested interest in seeing that Florida and other states accept marriage equality so that when a company relocates an employee to Florida for example,  it will be a welcoming and inclusive place to live and work.

·     The City of Pembroke Pines Commission voted unanimously last night to create a domestic partnership benefits ordinance for its city employees which would provide health insurance to partners of its employees and other benefits.

I want to especially thank our sponsors and collaborators who made these educational events possible: Fred Hunters Memorial Services, Vitas Innovative Hospice, Hospice of Palm Beach County and Hospice of Broward County, Memorial Hospital Pembroke CARES (formerly Leeza's Place), Avante, ValueCare at Home, Embassy Suites- 17th St.,  and to our co-presenters for sharing valuable information about hospice and pre-need planning.  Thank you to all the organizations who assisted in publicizing these events and to Keith Blackburn for his support of our efforts to create change.  Please visit our website and click Join our Mailing List to receive our complimentary e-newsletter with important tips and pearls of wisdom to help you achieve your goals and create peace of mind.





 

Melanie McMillion, Hospice of Broward County



Scott Cummings, Mark Van Reese-Fred Hunters





Henley Ambrose - Vitas, Keith Blackburn- GFLGLCC, Stephanie Schneider, CELA







Stephanie speaking at Memorial Hospital Pembroke- April 16th, National Healthcare Decisions Day



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Planning For After Divorce

                                                         Planning For After Divorce
Divorce can take its toll on a person's physical, emotional, mental and financial well-being.  Even after the divorce is final, moving forward and starting anew can seem daunting especially when there are minor children of the marriage.  While keeping up the daily routines of preparing the family for school, going to work, team sports and household chores, it is easy to forget, or neglect to make  creating a new legal plan a priority.

Here are some suggestions for implementing a legal life care plan after a divorce:

 

1. Declaration of Preneed Guardian of a Minor. While your ex-spouse would have the legal right to care for the child in the event of your incapacity or unexpected demise he/she would not necessarily be entitled to handle any assets your child inherits from you. You can choose who administers your child's inheritance and a Court is required to appoint that person as financial guardian absent some disqualifying event (i.e. convicted of a felony).
2. Durable Power of Attorney: Designate a trusted person to handle your financial affairs in the event you are temporarily incapacitated. It can happen to anyone of any age (look at Terry Schiavo).  This document can help you avoid a legal guardianship proceeding which can be time consuming, expensive and result in a loss of your privacy.
3. Designation of Healthcare Surrogate: Designate a trusted person to make your healthcare decisions in the event something affects your ability to comprehend and give informed consent. This document helps you avoid a guardianship for medical decision-making.

These documents form the foundation. Your plan should be tailored to meet your needs and future goals and may warrant additional documents created such as: a Last Will & Testament; Revocable Trust; Living Will; Declaration of Designee for Funeral Arrangements, just to name a few. 

 

Realize too that your "children" over the age of 18 are legally adults and need to have their own legal documents, where you, the parent, can make decisions should the young adult become incapacitated, even temporarily. Learn more here.

 

 It is an investment in the new future you are creating.

 

     We want to be your trusted advisor through life.