Southwest Florida's Health and Wellness Magazine Health and Wellness Articles
By Kelly L. Fayer, P.A.
New Year’s resolutions are promises that we make to ourselves at the start of a new year. According to Statista.com, the top three new year’s resolutions are 1) Exercise more at 44%, 2) Eat Healthier at 42%, and 3) Spend more time with family and friends at 34%. Estate Planning didn’t even make the top ten list. Planning for what happens to our possessions after our demise, or who will make decisions for us if we are not able to make our own, is not something most of us want to think about.
Regardless of your present situation, you need to see estate planning as non-negotiable. Whether you are single or married, divorced or in a relationship, a very young person, or an only child. There are benefits to creating an estate plan. Even a fresh college graduate needs an estate plan. Now is the best time to get started with your estate planning and adjust over the years.
Having estate planning documents in place allows YOU to determine how your family is provided for in your absence and designate who will make decisions for you if you are unable to care for yourself. The consequences of not planning can be devastating to your family and could create additional stress and the unnecessary expense of dealing with the court system.
Some thoughts to consider:
• What if you have no estate planning documents? Who will make medical or financial decisions when you are unable?
• What if you have estate planning documents from another state? Are they valid in Florida?
• What if you have estate planning documents made before October 2011? Did you know the laws changed regarding powers of attorney for finances?
• What if you have estate planning documents with outdated information? Will your estate be handled the way you wish?
• What if you have beneficiaries who receive government benefits? Will they be disqualified from receiving those benefits if they receive an inheritance?
• What if you have beneficiaries with creditor issues? Can you protect their inheritance?
• What if you wish to provide for minor children? Do you have arrangements made for their care?
Consulting with the right attorney can help you answer these questions and provide for the well-being of your family. Ask lots of questions before selecting the right Estate Planning Attorney. You don’t want to end up in the office of an attorney who can’t help you. Start with the initial phone call. It is not unusual to speak to a secretary, receptionist, or office manager during an initial call or before actually meeting with the attorney. If so, ask this person your questions.
• How long has the attorney been in practice?
• Does his/her practice emphasize a particular area of law?
• How long has he/she been in this field?
• What percentage of his/her practice is devoted to estate planning law?
• Is there a fee for the first consultation and if so, how much is it?
• Given the nature of your situation, what information should you bring with you to the initial consultation?
The answers to your questions will assist you in determining whether that attorney has those qualifications important to you for a successful attorney/client relationship. If you have a specific legal issue that requires immediate attention, be sure to inform the office of this during the initial telephone conversation. When you have the opportunity to meet with the attorney, follow up with these questions and make sure the attorney cares about helping you.
A positive and open relationship between attorney and client benefits everyone. The key to getting it is communication. The communication starts with asking the kinds of questions contained in this article. Use the answers to the questions as a guide not only to the attorney’s qualifications but also to determine whether you can comfortably work with this person. If your concerns are not valued, if you don’t like the answers to these questions, if you don’t like the attorney’s reaction to being asked all those questions, or if you simply do not feel relaxed with this person, DO NOT HIRE THAT ATTORNEY. Only if you are satisfied with the attorney you have hired from the very start will you trust him or her to do the best job for you. Only if you have established a relationship of open communication will you be able to resolve any difficulties that may arise between you. If you take the time to make sure that you are happy right at the beginning, you can make this a productive experience for both you and the attorney. You will thank yourself, and your attorney will thank you.
The Law Office of Kelly L. Fayer, P.A. was established to serve members of our community. Whether you need assistance now or are planning for the future, it would be a privilege to help you. We strive to provide quality service while offering personal attention to each of our clients.
Kelly L. Fayer
12601 World Plaza Lane, Suite 2
Fort Myers, FL 33907
(239) 415-3434 | fayerlaw.net
