Helpful Florida Elder Law Information

Wills

Your Will expresses your last wishes for your property and your family. Your Will includes any special gifts or bequests you wish to make to important persons in your life or to charities and institutions you support. Your Will may include directions about disposing of your remains and any special funeral requests. You will name a Personal Representative (Executor) who will be responsible for administering your assets and making sure that your wishes are carried out. Your Will may also provide for the care of your children if both parents are deceased.

The assets for your younger children and grandchildren may be protected by the Trust you create in your Will. All circumstances are different, and require a careful analysis of your wishes.

Probate

Probate is the legal process to distribute assets after death.

There are several types of probate. If everything is being transferred to a surviving spouse, no probate is needed. In many situations, only a few assets need to be distributed to family members. Your estate may qualify for summary or family administration. Not all estates need a complete, or formal administration. Formal Administration is required when the assets are above a certain value, when there are different beneficiaries and in other circumstances. If your loved one has passed away, we may assist your family with probate and making sure your loved one’s last wishes are carried out.

Estate Planning

A thorough Estate Plan will help protect your assets and your family after your death.

While no one wants to think about death, our lawyers and staff will work with you with care and sensitivity to plan for your family’s future. With careful thought, taxes may be minimized, and your estate may be protected so that your spouse and your children will enjoy what you worked so hard to achieve. A Will and perhaps a Trust may be right for you as you plan for your family’s future.

Durable Power of Attorney

The assets for your younger children and grandchildren may be protected by the Trust you create in your Will. All circumstances are different, and require a careful analysis of your wishes.

Durable Power of Attorney for Health Care

Your Durable Power of Attorney for Healthcare authorizes a trusted family member or friend to act on your behalf for medical decisions. Your doctors and medical providers will know with whom to discuss your medical options and decisions. As long as you able to make medical decisions, you will still make all decisions. The Durable Power of Attorney for Healthcare is effective for those times that you are unable to decide your medical options.

Dying with Dignity

Medical technology is a life saver. However, there may come the time that medical machines and treatments are only prolonging the process of dying. A Living Will names a trust family member or friend to communicate your desire that the process of dying not be prolonged when medical recovery is not expected. The person you name will consult with your doctors and medical providers regarding this end of life decision.

The Living Will lets you make your intentions known now, sparing your family from unnecessary worry at this emotional time.

Trusts

Trusts may be used to preserve assets and direct how the assets will be distributed to beneficiaries. Other trusts may be limited to a particular beneficiary if that person is incapacitated or not otherwise able to manage money and assets. You may place all or only some of your property in your Trust. Trusts may include provisions to pay educational, medical and other expenses for the beneficiaries.

After ascertaining your needs and goals, we prepare a comprehensive Trust document that sets forth the establishment of the Trust, the persons to benefit from the Trust, and the expenses and other matters that may be paid from the Trust. In some circumstances, a Trust may help you avoid probate.