Florida Estate Planning Lawyer Blog

You have heard it all before again and again. The reason for the repetition is . . . there really are 7 estate planning documents that should be prepared before one dies.

A Jacksonville Estate Planning lawyer will provide you with story after story that have no happy endings. These stories begin with people who talked about contacting a lawyer to have legal documents prepared, but never did.

The documents you need to consider today are:

1. Last Will and Testament: This document allows you to name a guardian for your minor children in the event of your death, distributes your property to the people you want to inherit, allows you to donate to charity, among other provisions.
2. Living Will: If you remember the Terri Schiavo Florida case, you will recall 7 years of court battles regarding life-prolonging procedures keeping Terri alive, after being diagnosed as in a persistent vegetative state. If a Living Will (which allows you to declare what, if any life-prolonging technology you desire) was in place, this costly, exhaustive and emotional fight would never have happened.
3. Do-Not-Resuscitate Order (DNR): This document is state specific and it must be prepared in strict compliance with Florida Law. If prepared properly, it alerts medical professionals not to perform cardiopulmonary resuscitation on a patient when he/she stops breathing or the heart stops beating in specific medical conditions (end state renal disease, terminal cancer).
4. Designation of Health Care Surrogate: This document allows you to name the person(s) you want to make health care decisions for you in the event that you are incapacitate or too ill to make these decisions yourself. If this document is not in place, the default health care substitute chosen may very well be someone you do not want to serve.
5. Authorization to Release Health-Care Information: We have all heard of HIPAA (Health Insurance Portability and Accountability Act of 1996). This federal privacy rule provides protection for personal health care information. This law is so strict that if you have not executed a HIPAA Release even your health care surrogate or proxy will be unable to obtain and review your records.
6. Trust Documents: There are numerous trusts for different types of situations. In general terms, a trust is utilized whereby property is held by one party for the benefit of another. For a listing of the various trusts available and their purpose, visit Jacksonville Trusts Attorney.
7. Letter of Instruction: This document can be as simple or detailed as you desire. It can contain directions as to your burial and cremation wishes, organ donation wishes, and who you would like to care for your pets.

Don't let another day pass, contact a Jacksonville Estate Planning Lawyer.

We all need someone to look after us and care for us when we become part of the eldery population. We also need to take care of our spouses, our children, and our loved ones, when we have passed away. Looking to, and preparing for our future is in a nutshell, what Estate Planning in Jacksonville is all about.

Florida Estate Planning can be as simple as having your Florida Will, Florida Living Will, Florida Designation of Health Care Surrogate, and Florida Durable Power of Attorney prepared. You can also have different types of trusts prepared if you would rather have your assets managed by a trusted individual, after your death. In Florida, Trusts are also a great way to minimize your taxes as well as to manage your assets.

Preparing for future medical and financial decisions to be made on our behalf in the event of our incapacity, or illness, is the reason we prepare a Living Will, Do Not Resucitate Order, Health Care Surrogate Designation, and Power of Attorney.

Preparing for future disposition of our assets and property is the reason we "Estate Plan". Whether you live in a large home or a small home, have extensive assets or are just scraping by, whatever we own as individuals, (real property, personal property and intangible property) is important. What we pass on to our loved ones has value to us and to them.

No matter what you have as assets and property, make sure it is protected when you pass away. Prepare now and your family won't have the burden of going through the difficult process of grieving, while at the same time having to make decisions on your behalf, when you have not put your wishes and desires down in writing.

In a nutshell, Estate Planning in Floridais easy, just call a Florida Estate Planning Attorney to schedule an appointment today.

Florida elders know the importance of having a Living Will prepared. A Florida Living Will is a legal document, which expresses a person's wishes as to life-prolonging procedures. A Living Will typically only comes in to play when certain legally defined conditions exist. These conditions are:

• a Terminable Condition;


• an End-State Condition; and


• a Persistent Vegetative State

An Eighty year old granddmother made her wishes plain as day, when she had the words "Do Not Resuscitate" tattooed across her chest. She is not kidding around. Just in case emergency personnel find her face down, a large tattoo "PTO" with an arrow is inked on her back. It's not that this Octogenarian has a death wish, it's just that her feelings are Strong that she not be kept alive through artificial means. If she is in a vegetative state, she does not want her family to remember her as a "lump".

When asked whether her tattoos were legally sufficient, a General Medical Council spokesman stated that most doctors would ignore her DNR tattoo. He said her DNR wishes need to be put in writing and witnessed, or for a health surrogate to be designated.

Moral of story. . . before you get inked, consult with a Jacksonville Advance Health Directives Attorney about having the legal documents prepared to express your end of life health care wishes. A Florida Living Will, executed pursuant to Florida Statutes, establishes a rebuttable presumption of clear and convincing evidence of a person's wishes.

We the People of the United States, and of Jacksonville Florida in order to . . . promote the general welfare and secure the Blessings of Liberty . . .sound familiar. The Constitution of the United States provides the core principals of American freedom for We the People.

The Right to Privacy, Freedom of Association, and the Right to Equal Protection under the Law. Unfortunately, many in the LGBT community do not have these same seemingly inherent protections. As a result proper planning and consultation with a Jacksonville Beach Attorney is a recommended plan of action. If the Florida Constitution and Florida Statutes do not provide for equal protection for gay and lesbian individuals, then protecting oneself is crucial.

Some of the planning you need to consider are:

→Estate Planning, preparing your Will or Trust;
→Advance Directives, choosing your health care surrogate and making known your feelings on life-prolonging techniques;
→ Funeral Directives, ensuring that your after death wishes are respected.

Talking with a Jacksonville Beach Attorney who is sensitive to the various issues faced by gay and lesbian persons, makes these decisions easier to make.

The lazy days of Jacksonville Beaches summer is a time to relax, enjoy the beach, and have a great time. Summer time is also the time to reflect. . . about your life, your partner, your children, and your future.

Don't put off until tomorrow, the preparation of important documents dealing with important Florida Estate Planning Documents or those dealing with Gay and Lesbian Legal Issues that will protect both yourself, your partner, and your family.

Your Florida Will, a Florida Revocable Trust, a Florida Durable Power of Attorney, your Florida Living Will, a Designation of Health Care Surrogate. . . take the time this summer to think about your future and how important it is to have these documents prepared, because before you blink, Jacksonville summers turn into Florida Fall.

A Jacksonville Beaches Estate Planning Attorney can discuss with you what estate planning and other documents are best suited for your situation.

According to the United States Census Bureau, the state of Florida has the highest Population Change and Net Migration of any other state, from the years 1975-2000. As is common knowledge, the baby-boomer generation is growing into retirement age, which increases the likelihood of periods of disability. There are two main options you should consider for who will manage your assets and health care decisions during a period of disability: 1) Set up a Revocable Living Trust; and/or 2) Designate a Durable Power of Attorney for Health Care.

Setting up a Florida Revocable Living Trust and a Florida Durable Power of Attorney for Health Care usually provides a person with the comfort in knowing that their health and assets will be managed for their own benefit. Using both types of documents in tandem ensures that your assets and health should not be managed to benefit the private/secret desires of another person.

If you are a baby-boomer who is not quite at the age of retirement and who may look into moving into a warmer climate such as Florida, There are options you may want to discuss with a Jacksonville Estate Planning Lawyer now, so that you can further secure your dreams of moving down south.

St. Augustine has a prominent and growing gay population, and like numerous other gay Floridians, they are doing their part in executing legal papers to protect themselves, their same-sex partners, and children.

The LGBT community in Florida are not afforded any inherent rights when it comes to same-sex couples. Despite the number of years you have been with your St. Augustine gay or lesbian partner, if you die without a Florida Will they get nothing. If your home is not titled properly, it may not pass to the surviving spouse. If one partner has children not the biological children of another partner, that person may not be appointed guardian upon the death of the biological parent.

UNLESS . . .

Legal documents, Florida Estate Planning Documents, Power of Attorney documents and numerous other documentation has been prepared.

There is a Florida St. Augustine Estate Planning and Family Law Attorney focusing on gay and lesbian legal issues now servicing the St. Augustine and St. Johns County area. Call to schedule a consult and fight for your right to be recognized as a partner in a same-sex relationship.

Going to an attorney may be a difficult step for many. Being gay and unsure as to how you may be received by an attorney, may stop more than many.

Jacksonville Beach Residents, Atlantic Beach residents, erase your fear. Apple Law Firm has Estate Planning & Family Law Attorneys who focus on areas of law as it relates to the gay and lesbian community. Our beach doors are open.

Schedule a consult at our new beach office, located at 6th Avenue, Jacksonville Beach, with one of our Jacksonville Beach Estate Planning Attorneys who focuses on LGBT legal issues, to discuss the necessary legal documents in planning for your future, as well as the future of your domestic partner, children, and family.

All Jacksonville residents should remember Terri Schiavo, the St. Petersburg, Florida woman who made national news in 2005. Terri Schiavo had been in a coma for years and was diagnosed by doctors as being in a persistent vegetative state. The hotly debated issue between the husband and parents was whether Terri would want to be hooked up to life prolonging procedures.

The case centered on the fact that Terri did not have any Florida Advance Directives in place, in particular, no Living Will. Therefore, the debate centered on what her wishes would be. Seven years and numerous court cases later, (the Florida Legislature, the U.S. Congress and Supreme Court also became involved), a Florida Judge ordered the removal of Terri Schiavo's feeding tube.

A Florida Living Will is a legal document which allows you to express Your Wishes as to the type of medical treatment and intervention that you do or do not want in the event that you suffer from a:

Terminal Condition;
Persistent Vegetative State; or an
End-State Condition

Floridians, don't let your family become embroiled in a quarrel as to what a loved one would want in the event that he/she does not have Advanced Directives in place.

Talk to an Estate Planning Attorney in Jacksonville who will discuss with you the importance of having a Living Will as well as a Designation of Health Care Surrogate prepared.

Florida's Long-Term Care Ombudsman Program is a volunteer-based organization which advocates for the health, safety, rights and welfare of elders who live in nursing homes, assisted living facilities and adult family-care homes.

When an elder is admitted to a long-term care facility, federal law mandates that he or she is given a special set of residents' rights covering issues ranging from dignity and respect to measurable quality of life and care. Volunteer ombudsmen are trained and certified by the Department of Elder Affairs. Their taks is to inspect local facilities and respond to resident's complaints to ensure that their rights are being maintained and respected.

As family members we want to ensure that our elder parents and relatives are treated with respect and dignity. There are methods such as guardianships, advanced directives, and durable power of attorney which will allow an elderly person to choose someone they trust to look after their best interests, physical and financial safety. It is also good to know that there are approximately 400 volunteers statewide that take an active role in monitoring the needs and special conserns of the elderly population who are in residential facilities.

As a Jacksonville Estate Planning Lawyer I get questions from Lawyers and clients all over the country on how to deal with a Florida Timeshare and if it is necessary to open a separate Florida Probate for the timeshare.

It is important to determine if there is any value in the Florida Timeshare property. To do this you may think about the following issues:

1. Generally timeshares are worthless and hard to sell.


2. Since a timeshare is an interest in real estate, a Florida Probate must be used to transfer the property no matter what is done in any other state or what a will states. The only exception to this is if the timeshare was owned in a trust.


3. Many management companies will suggest that if you deed the property back to them you will not be responsible for the fees, the only way to do this is by a Florida Probate unless it was owned by a trust.


4. Even if you are named as the beneficiary in a Will, you have no personal obligation to pay any fees, unless and until the property is deeded to you through a Florida Probate.


5. If you do a probate in another state, it is possible to give them notice and if no claim is filed, you can abandon the property and not be required to open a Florida Probate. (check with your local probate lawyer on this issue)

If you have need for a Florida Probate contact a Jacksonville Probate Lawyer to ask questions and we can help with probates of Florida property all over the state.

If you are gay or lesbian in Ponte Vedra or the Jacksonville area, having properly prepared Florida Advance Directives is essential. Whether you are young, healthy, and believe you will live forever, the fact remains, that if you wait until illness, injury, or disability to strike, you will not have a voice in your own future health care.

Florida Advance Directives are written documents created by statutory authority that express your wishes and desires concerning many aspects of your future health care. A Florida Living Will expresses your wishes for the type of life-prolonging procedures as well as pain alleviating medications you want in the event you suffer certain serious medical conditions. A Designation of Health Care Surrogate and HIPAA Release will allow you to choose the person you want to make your health care decisions in the event of your future disability, as well as to give that person authority to obtain and review your medical records.

Don't wait until you are unable to make your own decisions. Contact a Jacksonville, Florida Gay and Lesbian Rights Attorney to discuss how these legal documents are vital to your maintaining control of your future healthcare.

A lost Florida Will is a will that was lost or destroyed without the decedent's knowledge or consent and without his or her intent to revoke. The original Florida Will of a testator can be revoked in a number of ways but the individual must have the intent to revoke the will. When the original will of the decedent cannot be located after her death, it is presumed that the will was destroyed with the intent to revoke it. Overcoming this presumption in Florida requires the proponent of a lost will to carry the burden of introducing competent and substantial evidence.

In the recent case Brennan v. Estate of Brennan, the issue addressed by the 5th District Court of Appeals was whether affidavits alone are enough to prove a lost will or whether live witness testimony is required. Relying on a similar issue addressed by the Florida Supreme Court and the 3rd DCA, the 5th DCA determined that in order for a lost will to be admitted to probate Fla. Stat. § 733.207 requires testimony of one disinterested witness and a "correct copy" of the will, or testimony from two disinterested witnesses. Affidavits merely swearing the witnesses saw the decedent execute the lost will and that witness signed the will are insufficient to fulfill this requirement.

From this decision it is apparent that a draft of the will or some evidence be provided for admission to the probate court and depending on whether a "correct copy" of the will is offered, the testimony of one or two disinterested witnesses. Florida Probate issues are anything but simple so if you feel the need for assistance don't hesitate to contact a Florida Probate lawyer or Florida Estate Planning Lawyer. If you are considering a Florida Will modification, it may be wise to do a full disclosure to all beneficiaries and those close to you because it will provide peace knowing your final wishes have been acknowledged.

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.