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.

Often before the death, a spouse or someone else in control of assets attempts to rearrange the assets so that it will benefit them and in doing so it can interfere with the desires of the decedent.

In these situations, the prospective beneficiaries who have been damaged have the right to bring a cause of action against the person who manipulated the decedent's assets.

Some examples of this type of activity include cashing out insurance policies, paying bills our of one account but not another, removing funds from one account and transferring them to another in which they are the beneficiary. Selling or disposing of assets that would go to one beneficiary and converting them to cash what is distributed in another manner.

In a recent appeal over this issue it was made clear that it is not enough to have shown that someone engaged in this type of wrongful activity, but also must provide legally admissible evidence of the damage that was caused to the beneficiaries. Failure to show damages, a required element of the claim, subjected the case to a directed verdict and final judgment of dismissal.

If you are considering a claims against someone who has interfered with your expectancy, you should contact a Florida Estate Planning Lawyer who understands the elements of the cause of action as well as the ability to gather and introduce legally admissible evidence.

12 Laws of Christmas - Day 1 Create a Will for $25

Have you been in need of a Florida Will or have a family member that is in need of a new Will? Have you considered using an online service but been afraid of what you might create or what mistakes you may make? Now, you can have a lawyer create a will for only $25. This is not a will that you would find at staples or in a form book, but a fully customizable will based on your needs and desires.

The Apple Law Firm has decided to do 12 great specials for our new and existing clients. Most of the specials will only be valid for the day they are mentioned, but we will honor this special as long as you contact us about it by December 25th and pay for it by the end of the year.

If you want to be the first to find out about the special offers by the Apple Law Firm for the remaining 12 Laws of Christmas, be sure to check this blog daily or subscribe to our blog updates.

What is a Florida will?

A will is a written instrument, signed by the decedent and at least two witnesses in each others presence, that fulfills the requirements of Florida law. A will names the beneficiaries for the testator's probate assets. The testator can also designate guardians for minor children and a personal representative to administer the estate. If a will was validly executed in another state, Florida courts will recognize the document as a will except in the case of a holographic will. Holographic wills are wills written entirely in the testators own handwriting and in most states witness signatures are not required. However, Florida law requires that holographic wills be witnessed and signed in the same manner as any other Florida will.

What if there is not a Florida will?

In Florida if someone dies without a valid will they are said to have died 'intestate'. If they have a will when they die, they die 'testate'. If a person dies without a will, Florida statutes direct how their assets will be distributed based on whether the decedent had a spouse, children, children from outside the marriage, parents, siblings and so on. If a person dies without a will or any living relatives then his or her property will escheat to the state (become the property of the state).
If a person dies intestate, the decedent's probate assets will be distributed to the decedent's heirs in the following order of priority:

a) If the decedent was survived by a spouse but was not survived by any lineal descendants, the surviving spouse receives all of the decedent's estate.
b) If the decedent was survived by a spouse and was survived by one or more lineal descendants (all of whom are the descendants of both the decedent and his or her spouse), the surviving spouse receives the entire intestate estate.
c) If the decedent was survived by a spouse and survived by one or more lineal descendants (at least one of whom is not also a lineal descendant of the surviving spouse), the surviving spouse receives one-half of the probate assets, and the decedent's lineal descendants share the remaining half.
d) If the decedent was not married at his or her death but was survived by one or more of his or her lineal descendants, those descendants will receive all of the decedent's estate. If there is more than one lineal descendant, the decedent's estate will be divided among them 'per stirpes' which is the manner prescribed by Florida law. The easiest way to understand per stirpes is to divide the assets at the first generational level where there is a survivor. If any of those individuals pre-deceased the decedent, their share will be split between their descendants, if any. If there are no surviving descendants, their share will not be counted when making the division between their siblings. Basically if you predecease your parents, your children will divide your share of your parent's estate. If you have no children or descendents, your share will go to your siblings.
e) If the decedent was not married at his or her death and had no surviving lineal descendants, the decedent's probate assets will pass to the decedent's surviving parents, if they are living, otherwise to the decedent's brothers and sisters if living, otherwise to the decedent's nieces and nephews.
f) Florida's intestate laws will pass the decedent's probate estate to other, more remote heirs if the decedent is not survived by any of the close relatives described above.

Do I need the original Will in Florida?

In Florida only an original will can be admitted to the court unless there are extenuating circumstances.

What happens if I cannot find the original Will?

A Will that cannot be found that was last seen in the hands of the testator is presumed to have been destroyed by the decedent. If a will has been destroyed by the decedent it is presumed that the decedent intended to revoke the will. It is possible to admit a copy when the original cannot be found and people can testify to its validity. This process is not guaranteed because you have to overcome the presumption that the testator destroyed the will intentionally.

Is a Will valid in Florida?

In order for a will to be admitted to court, it must be a validly executed will under the statutes governing Wills. For a Florida will to be valid, it must be signed at the end by the testator and two witnesses, who each in the presence of the other witness the testator's signature. It is not necessary that the testator sign their name, an X is sufficient. If the will was validly created in another state, Florida Courts will generally recognize the will.

If you are having problems getting a copy of a will or would like your Florida will reviewed to make sure it is valid and does what you want, you should contact a Florida Estate Planning Lawyer to discuss your situation.

Jacksonville Estate Planning Attorneys working in Jacksonville Beach watch for Florida issues about gay and same-sex partner benefits.

More and more Florida counties are making positive steps by providing health care and other benefits for same-sex couples. Central Florida's publicly owned Orlando Utilities Commission (OUC) now offers Florida Domestic Partnership health care benefits for the domestic partners of their employees. Some nationwide companies that do business in Florida likewise provide same-sex partner benefits.

Despite the fact that Florida does not recognize gay marriage, newly-released U.S. Census figures, show nearly 6,800 same sex couples call the Sunshine State home. That's based on how many gay couples checked the "husband" or "wife" options. The Census bureau also reported an estimate of the number of same sex couples in Florida, both married and unmarried, at 48,456.

Gay couples who reside in Jacksonville Beach are wise to make their own benefits. A Jacksonville Estate Planning Lawyer can provide many options so you can provide benefits for your partner. Estate Planning can consist of having a will drawn up, a revocable living trust prepared,and other legal documents which will give your loved-ones the protection and security they need.

A Jacksonville Florida Living Trust is used to avoid the probate process and possible will contests from disapproving family members. A trust is set up and managed during your lifetime and avoids the need for a guardianship over your property in the event you become incapacitated. A trust must be funded and titled in specific ways to be effective, but the benefits are many.

Meet with a Jacksonville Beach lawyer sensitive to the unique issues that same-sex couples and unmarried partners face.

Today there is much speculation about what Steve Jobs' will reading will reveal about his life. Steve Jobs has always been very quiet and protective about his personal life and we all know that he has been very good at protecting business secrets.

I was interviewed today about what Steve Jobs's will and the potential huge estate tax that will be paid. I think if you look at how he managed his life and businesses, it is likely that if Steve had a will, it will not be read and there will be no probate. I believe that none or almost none of his assets will pass under a traditional probate and that there will be no boom to the economy from his huge estate. Steve was married at the time he died and as such jointly held assets or those in a joint trust will probably not be subject to any estate taxes.

It is unlikely that we will hear anything in the next few months and may never know about Steve's estate.

Forbes is reporting that Steve Jobs's estate will probably not owe taxes also

As of September 20th 2011,the old "don't ask, don't tell" rule that has been in force for about 18 years is gone. The end of this policy marks a victory for Mayport gay and lesbian military personnel.

Now Mayport gay sailors and soldiers who don't have to fear the loss of their military career because of their sexual orientation can feel free to obtain the legal advice and LGBT legal documents which will not only protect them but their relationships as well.

There are several Estate Planning Documents that will enable Jacksonville military men and women to provide for their loved ones. Same-sex couples do not have the inherent rights that heterosexual couples enjoy. Preparing a Will, Trust and Advance Directives will ensure that your decisions are honored when you are no longer able to communicate your wishes.

Same-sex couples are often encouraged to consult with a Mayport Attorney to learn about other ways to legally ensure that you, your partner, and your children are provided for not only now but in the future as well.

Mayport gay and lesbian naval and military members can feel comfortable consulting with a Mayport Law Firm that accepts them for who they are, not who they love or how they love.

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.

Circumstances change, possessions change, homes change, has your Will changed? As a Middleburg Estate Planning Attorney, I have heard many "will" stories, not all of them have a happy ending.

A Florida woman was left a home in her father's Florida Will . Her brother was left money in the amount equivalent to the value of the home. Her father sold the home before he died, but failed to update his Florida Will to provide for his daughter.

If the subject matter of a specific gift is not in the estate at the time of the testator's death, the specific gift, (in this case the house) will fail and the person who should have received the gift will take nothing. This is called "Ademption by Extinction", in other words, the house no longer belongs to the deceased and therefore it cannot pass to his heirs.

Although nothing precludes the heir from contesting the will, this is a time-consuming and costly endeavor guaranteed to cause stress. A better plan is to consult with a Middleburg Wills Attorney. An attorney will review your current Will, and make suggestions as to how you can prevent similar scenarios. If you no longer own the mint condition mustang that you devised to your granddaughter, she may be quite disappointed when she realizes she receives no car or anything else.

If you have already had your Will prepared, that is great. However, life changes, what we own changes, our heirs may change. If your Will is not updated to reflect what your circumstances are now, it will not reflect what your true intentions are.

Even Clark Howard agrees that new parents should take the time to consult with an attorney to have their Will prepared. A Florida Will allows you to choose who you want to take care of and raise your children, should anything ever happen to both you and your spouse at the same time. It only takes minutes to consult with a Jacksonville Will Attorney, and having your Will prepared is easy and affordable. A Will affords you the peace of mind to know that it will be your decision and not the State of Florida's decision who would be the appropriate person to become the legal guardian of your children.

A Will allows you to direct how your children will be cared for financially, not only during their childhood, but in their adult life as well.

You also assign a Personal Representative (Executor) in your Will. This person will ensure that your wishes as outlined in your Will are carried out.

New Parents and their children have a life-time in front of them. Knowing that their valid Florida Will has been executed and safely stored, gives parents the peace of mind knowing, that in the event of the unexpected, their children have been provided for, and will be taken care of.

Jacksonville Parents of Newborns once you have made that important decision to have your Will prepared, decide to meet with a Jacksonville Lawyer. As a Jacksonville Will Lawyer I have seen families go through unnecessary grief, frustration, time and expense when a loved one's Will has not been executed properly. Make sure your Will has been prepared under the guidelines prescribed by the Florida Statutes. An invalid Will is all that much easier for one to contest after you are gone. Parents, when making out that list of items and things needed for after the baby arrives, be sure to add, "have Will prepared", (and move it to the top of your list).

Does the term " Florida Estate Planning" evoke thoughts of the very rich standing by their Bentleys in front of their massive estates? Maybe the term should simply be Planning, because no matter who you are or how much you own, Everyone needs "Estate" Planning

Everyone has a Florida Estate, no matter how large or small. One's estate is simply the possessions or property you have acquired, inherited, and worked for during your life. There are generally three types of property that comprise one's estate, these are:

Real Property - Your home, land, houses or other structures on land;

Tangible Personal Property - Property other than real estate that has a value due to its physical existence, such as motor vehicles, boats, furniture, antiques . . . and;

Intangible Personal Property - Property that you cannot touch, but that has a value due to the legal rights you hold. Examples include stock certificates, promissory notes, copyrights, patents and other "intellectual" property.

Everyone has an estate, but most people have not planned what happens to their estate in the future. Estate planning is the process where you decide and put in writing what you want to happen to your estate in the future, and to whom you want your estate to pass once you have passed. Estate planning is easy, contact a Jacksonville Beach Estate Planning Attorney to schedule a consult and discuss the ways you can "Estate Plan". Whether you prepare a Will, establish a Trust, or have other legal documents prepared, estate planning puts in writing how you want your real, tangible and intangible property distributed upon your death.

Don't Ask, Don't Tell (DADT), was adopted by Congress in 1996. On December 20, 2011 the the federal law banning openly gay people from serving in the military is repealed.

The President, Defense Secretary and Joint Chiefs of Staff Chairman signed and submitted a one-page certification to Congress that the military is ready to implement the repeal of DADT.

Nearly two million troops have received training in preparation for the repeal of DADT. The Department of Defense stated that sexual orientation is a personal and private matter and that all service members should be treated with dignity and respect. The Defense Undersecretary reported that there will be "zero tolerance for harassment, violence or discrimination of any kind."

Eligibility benefits remain the same as far as service-members being able to choose their beneficiary for benefits, however the Defense of Marriage Act (DOMA) still prohibits the extension of many military benefits to same-sex couples, including health care and allowances for housing and transportation.

As a Mayport Estate Planning Attorney, I recommend that Mayport gay and lesbian service members consult with an attorney to learn the various ways that legal documents will protect them and their families. Same-sex couples currently lack many federal government protections afforded to heterosexual couples. The best way to provide for your same-sex partner is to draft Florida estate planning and other documents, such as your will, a trust, health care surrogate, power of attorney, and other similar documents.

Florida law does not provide for your same-sex partner, no matter how long you have been together. As a Florida gay and lesbian member of the armed forces who serves our county, serve yourself as well. Continue to protect the U.S.A and begin to protect yourself and your same-sex partner.

It is crucial to make your heirs and family are aware of the
fact that there are documents in place and where these documents can be
found. Having your Florida estate planning documents prepared is the first step, and once you have made the call and scheduled a consult with an Atlantic Beach Estate Planning Attorney, you are sure to feel good about it. 

Keep your Florida will, and other documents in a secure place and let someone close to you know where these documents are kept.  Some Florida Estate Planning Lawyer will store the docuemnts for you

There are more than 10 states investigating whether insurance companies are failing to pay out unclaimed life insurance policies to beneficiaries. Insurers are claiming that under policy contracts, they aren't required to determine whether a policyholder is still alive, but rather they pay a claim when beneficiaries come forward.

If you don't keep your estate planning and other important documents organized, and if you fail to disclose the location of these papers to a trusted family member or friend, the financial consequences can be considerable.

According to the National Association of Unclaimed Property Administrators, state treasurers currently hold approximately 32 billion in unclaimed bank accounts. Don't let your hard earned assets be given to the state, inform your heirs and beneficiaries that your estate planning documents exist, and where they can be found.

To see if you have unclaimed treasure in Florida, go to the Florida Treasure Hunt website.

Take the time this summer to consult with an Atlantic Beach Estate Planning Attorney who will give you advice as to the estate planning documents that are best suited for you and your family, as well as recommended ideas as to where to store these documents.

Florida residents be advised, not only is it important to consult with a Neptune Beach Estate Planning Attorney about having your Will, Trust, Power of Attorney and other legal documents prepared, but you must make your beneficiaries and heirs aware that they exist.

Keeping your important legal, real estate, motor vehicle, insurance and financial papers in an organized fashion and storing them where they can be found is crucial. Keeping your original Will secure and accessible is the first step. A Will allows you to decide which of your family members or friends will inherit your assets. If you have minor children, you designate a guardian for your kids, in case of your demise.

Wills are subject to the Probate process, which is a court supervised proceeding in which a personal representative is appointed, an inventory of your property is prepared, your debts and taxes are paid, and finally your assets are distributed to those beneficiaries named in your Will.

As a Neptune Beach Probate Attorney, I have seen first hand what happens after you die, if your relatives cannot find your original Will. It becomes a more complicated, more timely, and more expensive undertaking than had your heirs known where to look for the original will, which you have "hidden" in the back closet, under a pile of clothes, in a box, with hundreds and hundreds of receipts and sheets of papers . . .

A Revocable Living Trust is another Estate Planning tool that not only benefits you and your beneficiaries, but also avoids the probate process. As you can amend your Living Trust at any time during your lifetime, it becomes imperative that you not only keep the original trust agreement but the amendments to the original trust where your trustee and beneficiaries can find it. Failure to find your trust documents may set your estate up for litigation.

A Durable Power of Attorney is a most powerful document as it allows someone you have named, to act on your behalf in financial, banking and business matters if you ever become incapacitated due to illness or injury. If the person you have designated is unable to locate this document, he or she will be unable to conduct banking transactions or deal with business associates on your behalf.

Another important Estate Planning Document is a Designation of Health Care Surrogate. This health care document allows you to name the person you want to make health care decisions on your behalf in the event you are incapacitated and unable to make health care treatment decisions for yourself. Again, remember, it is not only important to have these legal Estate Planning Documents prepared, but to share the existence and location of these documents to your beneficiaries, loved ones, and trusted friends.

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.