Not all estate planning “packages” of documents contain a Designation of Preneed Guardian. But, this oft overlooked document can make a big difference if someone challenges your advance directives or Power of Attorney in court. Who would challenge your documents? You might be surprised.
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In previous posts, we addressed digital assets and how difficult it might be for fiduciaries (personal representatives or trustees) of an estate to access the digital assets of a deceased loved one, specifically their Facebook account and assets such as email accounts. Although we had hopes that the Florida legislature would pass a bill on the subject early last year (Senate Bill 102), it unfortunately died on May 1. The Legislature, however, was determined to pass a bill on the subject, and we can now say that it has!
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Revocable Living Trusts are planned with the intention of keeping the family out of court. If this intent fails, courts have alarming powers to interfere with your plan. The recent case of Rene v. Sykes-Kennedy illustrates this point.
Continue Reading...When working with clients who have minor children, we spend a lot of time discussing the kids: their individual personalities, the values the clients are trying to instill, and concerns for their future. We do our best to craft an estate plan that will secure the children’s financial future. This usually involves planning both from a financial perspective (making sure there is enough money for future expenses, especially if something happened to the clients), with the help of the clients’ financial advisors, and from a legal standpoint (ensuring the children will have access to any money when and how the clients judge best).
Continue Reading...Our Relationships Series previously has covered the unique estate planning challenges faced by blended families and by same-sex and other unmarried couples. Today we will address another group that is in dire need of proper planning: families with children under the age of 18.
Continue Reading...While even the simplest guardianship is an expensive, lengthy, and public undertaking, a contested guardianship can be much worse. A contested guardianship is a case in which there are multiple interested persons (usually family members) with different ideas of what is best for the incapacitated person (the “ward”). As you might imagine, contests like this can drive up the financial and emotional cost of the proceeding, delay results, and air a family’s “dirty laundry” in open court.
Continue Reading...A professional guardian is exactly what it sounds like: a person whose job is to serve as guardian for people who are legally incapacitated and need a guardianship. Like other guardians, a professional guardian is appointed by a court to watch over an individual’s person and/or property. This can be done either voluntarily or involuntarily after the court decides that the individual needs a guardian because she is not able to take care of herself and/or her property.
Continue Reading...(Guardian Advocacy Series – Part Five)
Continue Reading...(Guardian Advocacy Series – Part Four)
Continue Reading...Summer is here! That means lots of sunshine, warm weather, and kids enjoying time to play outdoors. But will your kids be able to enjoy their summers if you are not around to care for them? Most people do not like to think about the possibility that something may happen to them where they would not be able to care for their children, but the unfortunate reality is that unexpected things do happen. If something occurs that renders you unable to care for your children, even for a brief period of time, and you do not have a plan naming guardians in place then the Florida Department of Children and Families (DCF) likely would have to take your children. This means that your children would be cared for by strangers until you either were well again or until the authorities could figure out other arrangements. No parent wants that.
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