It’s Time for an Estate Planning Check-Up – What Documents Do You Need in Florida?

By | Estate Planning

The start of a new year offers the perfect opportunity to get organized, and few things are more important to organize than your estate planning documents. Your estate plan affects decision-making during your lifetime and beyond, but you can only be fully protected if you have all the right documents. It is essential to review your plan if you have documents prepared when you lived in a different state. Let’s take a look at what you need in Florida. Everyone Needs an Up-to-Date Will You need a will, and it needs to meet Florida requirements, which differ from some other jurisdictions. If you have a revocable living trust set up to allow your assets to pass directly to beneficiaries, you still should have a pour-over will. That document covers any property that does not get transferred into the trust for one reason or another. If you executed your will years…

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Everyone Needs an Estate Plan—And Here’s What Happens if You Don’t Have One

By | Estate Planning

Essentially every adult leaves an estate when they pass away. An estate is just a legal term describing the financial affairs you leave behind. Someone will need to pay your final bills, and someone will receive any assets left over. That may not mean much to you. But it is important to realize that having a proper estate plan can not only reduce waste and ensure your wishes are honored after your death, but your plan can also protect you during your lifetime. To see why you need an estate plan, let’s take a look at what happens when you don’t have one. If You Become Incapacitated, No One Can Help A thorough estate plan can provide for your medical and financial needs if you are in an accident or get sick and are unconscious and unable to communicate. Without the right estate planning documents, no one can access your…

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The Digital World Adds a Whole New Dimension to Estate Planning

By | Estate Planning

When you think about estate planning, chances are that your phone is not one of the first things that spring to mind. But you have digital assets stored on your phone, as well as your laptop, tablet, and online accounts, and you need to include management of digital assets as part of your estate plan. Unlike traditional assets with a physical presence or paper trail, digital assets can be effectively lost in cyberspace if you do not take the right steps to prepare. Estate planning to protect digital assets involves many tasks you can do on your own. However, there are a few situations where you may want to consult your estate planning attorney for assistance or advice. Inventory Your Digital Assets A digital asset is anything that is stored, owned, and accessed completely online or in a digital format. When taking inventory of your digital assets, you need to…

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Estate Planning for College Students and Young Adults

By | Estate Planning

People often assume that estate planning is something you don’t have to worry about until you’re at a stage of life where you have children to protect or are preparing for your final years. However, many of the critical components of an estate plan are just as essential for young adults as for older ones. Here are some important documents to consider as your children head off to college or embark on life as independent adults. Health Care Surrogate Designation Illness or injury can strike anyone regardless of age. If a young adult is unconscious or incapacitated, a health care surrogate designation would allow someone they trust to make health care decisions and authorize medical treatment on their behalf. Financial Power of Attorney While a health care surrogate designation allows an agent to make health care choices for someone who is incapacitated, a financial power of attorney enables an agent…

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What Are the Essential Documents for a Good Estate Plan?

By | Estate Planning

A good estate plan should include six important documents. Many clients are surprised to realize that three of these important components involve medical issues rather than financial ones. If your plan is missing one of these elements, your loved ones may have to deal with added legal expenses and delays, or they may be unable to assist you in an emergency. When you have these essential documents up-to-date, you can rest easy knowing that you have taken the right steps to prepare for the future. A Trust Can Be the Key to Security One or more trusts often serve as the cornerstone of a thorough estate plan. There are different types of trusts used to accomplish different goals. For instance, you might use: A revocable living trust to avoid probate An irrevocable asset protection trust to become eligible for long-term care assistance through Florida Medicaid A charitable remainder trust to…

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Is Your Child 18? Here Are Legal Documents Young Adult Children Should Have in Place

By | Estate Planning, Legal info

We have a client whose child was in his first year of college.   One day, the client received a call from the residence hall supervisor that their child was transported to the emergency room after a night of heavy drinking.  Our client immediately called the hospital for an update.  Unfortunately, the hospital legally could not provide any information about the child’s condition because the child was over the age of majority (18 years of age in Florida).  Of course, this was frustrating for the client as they pay the child’s tuition, claimed the child as a dependent for tax purposes, and included the child on their medical plan. Our client quickly learned that as the natural parent, once the child turns 18 years old, the parent can’t make healthcare decisions or get personal information without certain legal documents in place. Legal planning documents are not the first thing most people…

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Four Ways the Coronavirus Pandemic May Affect Long-Term Care Insurance

By | Elder Care, Estate Planning

The coronavirus pandemic has had a devastating impact on the elderly, particularly those in nursing homes and other long-term care facilities. This has raised questions about how the virus has influenced the costs and provision of long-term care insurance, which covers care in facilities and sometimes at home as well. If you have a long-term care insurance policy, you may wonder how it is affected by the pandemic. If you don’t have a policy, you may wonder if the pandemic will make it more difficult to get one. An article by US News and World Report, examines issues with long-term care insurance that have arisen in the last few months, including the following: Qualifying for insurance. It is already more difficult to qualify for long-term care insurance the older you get. Because older individuals are at a higher risk for coronavirus, this can affect your long-term care application as well….

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Yes, You Can Receive Unemployment and Social Security at the Same Time

By | Elder Care, Estate Planning

The COVID-19 pandemic has sent unemployment to its highest levels since the Great Depression, and older workers have been particularly hard hit, with one in five over age 55 now out of work, according to one estimate. Many people continue to work beyond retirement age, either by choice or out of necessity, at the same time that they receive Social Security benefits. Other older workers are now being forced to take their benefits early after losing their jobs (although doing so permanently reduces the amount beneficiaries can receive). If you are already receiving Social Security, are you also eligible for full unemployment benefits? Until recently, the answer was not necessarily. Many states reduced unemployment benefits of those receiving Social Security retirement benefits by up to 50 percent, something called the “Social Security offset.” But after AARP and the National Unemployment Law Project pushed to have these laws overturned, this is…

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Retirement Account Owners Do Not Have to Take Required Distributions in 2020 – Coronavirus Relief

By | Estate Planning

Retirement account owners, many of whose retirement balances have been pummeled by a stock market drop due to the coronavirus pandemic, do not have to take mandatory withdrawals this year. Federal law requires individuals who were age 70 1/2 before the end of 2019 to begin taking required minimum distributions (RMDs) from their retirement plan in April of the year after they turned 70. (Note that those who were younger than 70 ½ at the end of 2019 can wait until they turn 72 to take RMDs.) The amount of the distribution is based on the value of the account at the end of the previous year, but the funds you withdraw are treated as taxable income in the year you take the distribution. The coronavirus pandemic caused the stock market to tumble, depleting many retirement accounts. RMDs for this year would be based on the value of the account…

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