By Kelly L. Fayer, P.A.
Being concerned about the well-being of an ageing loved one, how you will afford long-term care, or what will happen to those you love after you pass away, are all valid reasons to seek the services of an attorney. Below are the TOP 10 reasons to consult with an estate planning attorney.
1. If you do not have any estate planning documents:
The consequences of not having estate planning documents in Florida are probate and/or guardianship court, which is both costly and time consuming to your loved ones.
2. If you have estate planning documents, but they are from out of state:
Although we are required to accept documents from out of state that were prepared correctly in the year they were signed, we are allowed to make you prove it. The expense and loss of time in the case of an emergency can be daunting and cause substantial damage.
3. If you have documents, but they were created prior to October 1, 2011:
There was a significant change in the law that went into effect on that date, which has a big impact on Durable Powers of Attorney. It is imperative to have a durable power of attorney that is reliable. Plus, due to the age of your documents, they may need to be updated.
4. If one of your beneficiaries has passed:
Then, you need to make sure that your life savings goes to the correct person.
5. If one of your beneficiaries has begun receiving needs-based government benefits such as SSI or Medicaid:
You will need to decide on how your loved one can receive an inheritance from you without having a reduction in important benefits.
6. If you see that one of your beneficiaries is in a financial situation where they will need their inheritance to be distributed in increments over time:
This should only be arranged through a trust.
7. If your own financial situation changes.
8. If your selected decision-makers had a change in circumstances:
Death, medical issues, mental health/addiction issues, etc.
9. If your own estate planning documents do not include:
. A Trust (with a Will) or a Will
. Declaration of Health Care Surrogate with Living Will
. Separate HIPAA Authorization
. Durable Power of Attorney
. Declaration of Preneed Guardian
. A document allowing your attorney to speak with your decision-makers
. A deed that keeps real property out of probate
10. Because the Law Firm of Kelly L. Fayer, P.A. is giving a free estate planning consultation to anyone that mentions this article!
At The Law Office of Kelly L. Fayer, P.A., we are passionate about helping the people of our community answer difficult questions and implement solutions that help prepare them for the future. Our skilled, compassionate attorney has 25+ years of experience and will work closely with you from start to finish. Whether you are looking to plan your estate, establish a guardianship, need help creating a trust, or are struggling to navigate Florida’s probate process, we can offer the attentive, personal guidance you need to achieve your goals. Again, we are offering free estate planning consultations should you mention this article and call 239.431.9369.
The Law Office of Kelly L. Fayer, P.A.
12601 World Plaza Lane, Suite 2
Fort Myers, FL 33907
(239) 431-9369 | fayerlaw.net