- Elder
Law is a legal specialty focusing on the needs of the elderly,
the disabled, and their families. It covers estate planning,
wills, trusts, durable powers of attorney and advance directives,
arrangements for care, social security and retirement benefits,
protection against elder abuse and other concerns of the
elderly and disabled. As more people live longer it has
become an increasingly important field.
- Yes,
there are reasons your Will can be contested after your
death. It is important to consult an attorney and have
proper advice so that your Will can survive a challenge.
Lack of capacity or undue influence by another individual
at time of execution are common reasons for challenging
a will after your death.
- A Living Trust
is an arrangement established by a person or persons called
a Grantor(s) under which one person(s), called a trustee(s),
holds legal title to property for another person or person,
called a beneficiary(s). You can be the grantor, trustee
and beneficiary of your own trust and retain full control
over all property held in trust. A "living trust" is also called an "inter
vivos trust". That is simply a trust created while
you are still living, as opposed to a "testamentary
trust" which is included in your Will and becomes
effective upon your death.
A Living Trust can help
avoid probate, reduce taxes in some circumstances, and
set up long-term property management.
- Pets
are an important part of our lives and families. In Florida,
there is statutory authority to establish a trust so that
your pet will be cared for after your death. Pet Trusts
are not just for furry family members, but can also include
reptiles, horses, and other animals you own that will need
provision and a caring home after your death
- Guardianship
is generally defined as a process where a court rules an
individual incapable of overseeing his or her own affairs
and appoints someone else to manage these affairs. The
incapacitated person is known as the "ward".
The person appointed to manage the ward's affairs is the "guardian".
There are situations where only a portion of the ward's
affairs, such as finances or health care, is controlled
by the guardian and a limited guardianship is appropriate.
There are different types of guardianships and an attorney
should be consulted to determine which, if any, are appropriate
for the situation.
- Probate
serves several purposes. The court must make certain your
Will is valid. A Personal Representative (sometimes called
executor) must be appointed to administer your estate as
directed in your Will. The court process is called probate.
The Probate provides a method of paying creditors and
taxes in a timely and accurate manner and distributing
the assets to the beneficiaries you have designated.
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