Living Will

October 15, 2007

Updating Addresses in Estate Planning Documents

As an Estate Planning Lawyer in Jacksonville Florida, I am often asked about issues dealing with addresses in Florida Wills, Florida Trusts, Florida Living Wills, Florida Durable Powers of Attorney, and other documents.

Generally the address and phone number in these documents is to help locate or contract the person. In some cases they can be used to help distinguish one John Doe from the next. The Connecticut Estate Planning Blog had an example of when it might be important to update the address, but as the site states, this would only happen on a law school exam.

The only possible reason why such a move would prompt a legitimate will amendment is if the move created an identification problem. For instance, in the above example, suppose the client disinherited his other brother, also named Billy Bob (I don’t think I’ve ever seen two brothers with the same name), out of his will, but then that brother moves to Glastonbury after the other Billy Bob moved from Glastonbury to Wethersfield. Now the will seems to identify someone who the client didn’t intend to include as a beneficiary of his will.

October 8, 2007

What is a Living Will? Part I

by David M. Goldman

As a Jacksonville Estate Planning Lawyer, I find that I am explaining the terms of a Florida Living Will over and over and thought that I might be able to shed some light on what they are and how they are used with Florida Estate Planning.

A Florida Living Will is a document that says if I am both mentally and physically incapacitated and my treating (or attending) doctor and another doctor determine that there is no reasonable probability of my recovery from the condition, you direct that life-prolonging procedures be withheld or withdrawn when the application of the procedures would serve only to prolong artificially the process of dying.

It permits you to die naturally with only the administration of medication or medical procedures deemed necessary to provide me with comfort care or to alleviate pain.

October 2, 2007

Are Wills Still Valid After Moving To Another State?

by David M. Goldman

If you move to Florida from any state or country, Florida will recognize any will that was properly executed as to the rules of another state except Holographic wills.

A holographic will is one that is entirely in the handwriting of the creator. Florida does have an exception to their rule against accepting holographic wills, that is for those holographic wills that are witnessed by two witnesses and notarized.

In almost all cases new states will recognize a validly executed will from another state. It is best to check with an Estate Planning Lawyer in your new state to make sure that your will is valid and deals with any special laws that may be available in the new state.

September 26, 2007

Durable Power of Attoney? Why are they so Important?

by David M. Goldman

Florida Estate Planning Lawyers often include Durable Power of Attorney documents in the estate planning they do. Today I read an article on the California Estate Planning Blog entitled “Do I Need A POA Over My Spouse?”.

The article recommends that everyone needs a power of attorney over their spouse in case something happens. Without a Florida Durable Power of Attorney in place, a spouse is unable to file taxes, deal with social security, talk to creditors or deal with other financial considerations that require the spouse’s signature.

You cannot get a Florida Durable Power of Attorney if your spouse becomes incapacitated. The only alternative is to setup a Florida Guardianship. This is costly, time consuming, and requires one to act while a Florida Durable Power of Attorney gives one the ability to act, without the legal requirement to act.

July 4, 2007

Jacksonville Living Will Seminar

by David M. Goldman

Jacksonville Estate Planning Law Firm will continue it community service project by adding 3 Living Will Seminars in the month of September. This program provides Free information and the chance to create a free Florida Living Wills, Florida Designation of Health care Surrogate, and a Hipaa Release.

Jacksonville, Jacksonville beach, Ponte Vedra Beach, PVB-on-beach.jpg On September 11, 2007 at 11 A.M.

Riverview Center

June 17, 2007

Florida Wills: When do you need one?

by David M. Goldman

Amy Baldwin has a nice article on when people usually think about getting wills. Typically they get wills when they are married, buy a home, have a baby, get a divorce or go on a vacation.
She states that most estate planning lawyers say whether married or not, every adult, starting at 18 needs to have estate planning documents.

In general when people turn 18 they need to have a Florida medical power of attorney . With the new HIPPA regulations parents can not depend on being able to find out about their injured child and provide instructions for their treatment. In Florida and other states, many doctors will not release information to a spouse much less an adult child. Before your child goes to college, you should have him execute some common Florida Estate Planning Documents.

June 10, 2007

Florida-Do it yourself Wills, Trusts and Estate Planning – Common mistakes made

by David M. Goldman

Often clients ask about Do it yourself living wills, wills, trusts, and other components of estate planning. I read an interesting post by an Estate Planning Attorney and although they are not in Jacksonville Florida their advice and commentary is very relevant. Basically with a will, you don’t often get a chance to correct mistakes or have a professional fix or review the document. The Estate Planning Lawyer compares it to buying a hair dye in a store and then getting a professional to fix your hair after you make a mess or do serious injury to yourself.

While this is true with business planning, often with estate planning there is no time to fix the mistakes. Often one discovers the mistakes in their will, trust, power of attorney only after it is to late to make any changes. Sure we could all go purchase a form, or use an online service and save some money, but if you are trying to protect assets, save money on probate, or reduce estate taxes, the few dollars saved (even if large by percentage) will often cost hundreds or thousands of times as much when the taxes come due.

Be careful with do it yourself kits and services, and if you have something to loose, remember that you often get what you pay for.

May 22, 2007

Estate Planning for your parents

by David M. Goldman

Orange Park, Duval, St. Johns, Jacksonville Florida
Most Jacksonville estate planning attorneys or those in other locations, focus on your heirs (children and grandchildren). As your parents are aging it is also important to consider and evaluate your parent’s estate planning. One you understand the value in creating your own estate plan, you need to understand what effects your parents estate planning will have on you. You may find that your parents should leave the maximum exempt amount to their grandchildren (GST Trust)instead of to you. This can help avoid an extra layer of Death taxes. Its also important to classify their assets and allow the Personal representative or trustee the flexibility and duty to find which assets have the most appreciation (lowest cost value) and allocate those as to be most beneficial to the estate. If you can discuss your parent’s estate planning with them, you may want to. You should speak with an estate planning attorney who can help structure a multi generational estate plan to help you and your parents establish a plan that will pass their values and protect inheritance.

January 10, 2007

Legally Incapacitated in Florida

by David M. Goldman

Legally Incapacitated Person: A person who has been determined by a court as not capable of handling his or her personal and financial affairs.

A Florida Durable Power of Attorney, Florida Trust, Florida Guardianship, Florida Designation of Health Care Surrogate all deal with Legally Incapacitated persons.

One may not be the Personal Representative, Agent, or Trustee if they are Legally Incapacitated.

December 22, 2006

Florida Guardian Definition

by David M. Goldman

In Florida Estate Planning, Florida Guardianship Proceedings, and Florida Probate cases it is often necessary to setup a full or plenary guardianship.

Guardian: an adult appointed by a surviving parent in his or her will or by a court, who is responsible for a minor child or legally incapacitated person’s personal care and nurturing.

A parent is the natural guardian of their minor child. If a child receives over $15,000 from a probate or settlement that requires court approval, a parent will need to create a Florida Guardianship over the Property of the minor child.