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February 2018

The Basic Steps of Probate in Florida

By Probate

Probate is the legal process of proving that a Will is valid in court and administering the estate of the decedent according to the terms of their Will. If you are the personal representative of an estate, probate can become a complex and overwhelming matter. In Florida, the probate process can be broken down into four fairly simple steps. These steps will help you acquire a better understanding of how the probate process works and provide guidelines to follow that will help you fulfill your various duties.

Step 1: File a petition and give notice to the heirs and beneficiaries

File a petition with the probate court. You will either need to admit the Will and appoint the personal representative or, if there is no Will, appoint an administrator for the estate. In some situations, you will need to provide notice of the court hearing to all interested parties, which is usually the beneficiaries and heirs.

Step 2: Give notice to all creditors                                    

Following appointment by the court, the personal representative must give written notice to all creditors of the estate that indicates the date by which claims must be submitted. A notice will need to be filed publically to notify any unknown creditors, which can be done through the newspaper. Then, the creditors must file a valid claim with the court in order to get paid.

Step 3: Pay all debts, including taxes and funeral expenses

As the personal representative, you need to ensure that all funeral bills and final expenses have been paid. Additionally, determine which creditors’ claims are legitimate and pay those that are.

Step 4: Ask for permission to transfer remaining assets to beneficiaries

Once the creditor waiting period is over and all bills are paid, you can petition the court for the authorization to transfer assets to the beneficiaries indicated in the decedent’s Will and then close or discharge the probate proceeding.

If you need legal advice regarding the probate process, please contact our office at: 941-906-1232 to schedule an appointment with one of our attorneys.

February 27, 2018
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Nursing Facilities: What is Myth and What is Fact?

By Long-Term Care

Many people are not as informed regarding the different aspects of nursing facility care as they would like to be, and many have been misinformed as to what a nursing facility care encompasses and entails. A nursing facility, sometimes referred to as a nursing home or skilled nursing facility, is a communal residence that provides a high level of long-term personal or nursing care for elderly individuals who are unable to care for themselves properly. To help clear up some of the confusion regarding the purpose of nursing facilities, this post will list several myths regarding nursing facilities and provide facts that disprove these myths.

Myth #1: All The People Who Live In Nursing Facilities Are Dying

Nursing facilities provide medical services to individuals that have conditions that require continuous care. Many nursing facility residents are not dying, but rather need higher levels of care than can be provided by an assisted living facility.

Myth #2: Nursing Facility Is Another Term For Hospital

Nursing facilities are not hospitals, although they provide many types of medical and nursing care. In a nursing facility, residents are cared for while also maintaining as active a lifestyle as possible. Nursing facilities do not have restrictive visiting hours and the environment in a nursing facility is much less clinical than it is in a hospital. Additionally, nursing facilities offer activities to keep residents engaged in the community and that allow for socialization.

Myth #3: Residents of Nursing Facilities Lose All Their Independence

Nursing facilities respect and encourage independence as much as possible. Becoming afflicted with a condition that requires admittance into a nursing facility does not mean an individual is losing their independence, but simply that they need extra assistance with day-to-day tasks. Additionally, as long as they are not incapacitated, nursing facility residents retain all their legal rights and can make choices about their activities, schedule and health care, among other things.

Myth #4: There Is No Privacy In A Nursing Facility

In a nursing facility, residents’ rooms are considered private and staff will knock before entering. A resident’s room is their own domain and they are given as much personal space as is allowed for their medical care to still be provided in an effective manner. However, if residents want to engage socially, there are community areas in which they have the ability to do so.

February 23, 2018
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Helping Seniors Avoid Isolation

By Health

As your loved one ages, the likelihood that they will become more isolated increases. This can be due to a variety of factors, such as the death of a spouse or close friend, decreasing physical or mental ability and injury. Isolation can increase if a person feels their faculties declining but does not want to burden their loved ones, so they attempt to rely solely on themselves. If you believe that a loved one in your life may be isolating themself or facing obstacles that cause them to become isolated, there are ways to help.

Visit your loved one often. Whether they are living at home, in an assisted living facility or in a nursing facility, visits from family members or friends can help reduce isolation and increase happiness. If possible, plan weekly visits so that your loved one has something to look forward to and is able to spend a substantial amount of time socializing with you and your family. You can also arrange plans for your loved one to spend time with a close friend or others in their community.

Another step you can take to reduce a senior citizen’s isolation is providing them with transportation if they are unable to drive. The inability to drive may contribute to a senior citizen’s feelings of aloneness, as it can cut them off from the rest of the world. Offering a ride to your loved one can also alleviate any stress regarding transportation to outings or appointments, while increasing the amount of time that they spend interacting socially.

Helping your loved on around the house can be a great way to keep them from feeling lonely or isolated. If they are having trouble doing chores or are in need of redecoration, help them accomplish their goals. By sprucing up their environment and making it more welcoming, this will not only increase the comfort they feel in their surroundings, it will also increase their desire to have others over and interact socially.

February 20, 2018
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What Is an Explanatory Letter and How Does It Relate To a Will?

By Estate Planning, Probate

An explanatory letter is a separate document that you attach to your Will. The purpose of an explanatory letter is to explain the wishes set forth in your Will. When you create a Will, it is wise to include only the specific instructions regarding disbursement of your assets, rather than going into great detail explaining why certain assets are being given to certain beneficiaries. An explanatory letter is the place to include the reasoning behind the wishes you expressed in your Will and make any necessary explanations regarding said Will. Things that you can include in your explanatory letter are: explanations about gifts, final thoughts, and instructions for what to do with a pet. An explanatory letter is not at all legally binding, but can help to clarify your intentions if your Will is in any way contested. It also allows you to have a final say on any personal matters, which can help bring peace of mind to your loved ones.

February 13, 2018
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What to Know About Having Witnesses Present at Your Will Signing

By Elder Law, Estate Planning

When you create a Will, you must obtain signatures from at least two witnesses at the time you sign it for it to be considered valid. The purpose of having two witnesses is so that, if the validity of your Will is ever challenged, they can both attest to your state of mind. These witnesses do not have to read your Will or even be aware of its contents, they just have to be able to certify that you were competent when you signed it. If you are working with an attorney, they should make you aware of this information and help explain the process of having a document witnessed. However, it is good to know some general information regarding rules for witnessing so that you feel more prepared when the time comes to make your Will official or update it.

If you would like to choose your own witnesses, be careful who you pick. Select individuals that are credible and will likely live longer than you, in case they are later asked to testify about the validity of your Will. If possible, avoid having beneficiaries of your Will also be witnesses, as this could be considered a conflict of interest. However, having a beneficiary or interested person witness the Will does not automatically invalidate the Will. If you would rather not choose witnesses, the attorney that you have been working with will likely have paralegals or legal assistants on-hand that can serve as credible witnesses. This eliminates the added stress of having to choose your own witnesses and bring them to the signing. At Bach & Jacobs, members of our team generally serve as witnesses during Will and trust signings.

Make sure you have the right number of witnesses, as every state requires that you have two individuals sign your Will in order for it to be legally binding. Additionally, these witnesses must sign your Will in front of you. Generally, your witnesses will sign the Will immediately after you do.

 

February 9, 2018
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FINRA Introduces New Rules Addressing Financial Exploitation of Senior Citizens

By Elder Law

Recently, the Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 17-11, announcing that FINRA’s new rules addressing the financial exploitation of senior citizens would go into effect as of February 5th, 2018.  These new rules, which gained SEC approval, implement two important changes that are designed to help better protect senior investors.

The first change amends an existing Rule (Rule 4512) and requires that firms make “reasonable efforts” to obtain the name and contact information of a trusted person. This means that, when an investor that is 65 or older opens an account, the institution is required to ask them for the name and contact information of an individual that senior trusts with whom the institution may communicate if financial exploitation is suspected.  Additionally, the amendment to Rule 4512 states that existing senior customers will be asked this same question when their profile is updated. However, an individual is not required to list a trusted contact person and will not be prohibited from opening or maintaining an account if they refuse to do so.

The second change is the implementation of a new rule, Rule 2165, that allows member firms to place temporary holds on customer accounts when there is a reasonable belief of financial exploitation. This rule states that, if an institution suspects financial exploitation of someone 65 or older (or someone 18 or older that is disabled or considered mentally impaired), it can place a temporary hold of up to 15 business days on the disbursement of funds or securities from the account. This rule only applies to suspicious disbursement of funds or securities, not to securities transactions. Once this temporary hold starts, the institution has two business days to contact the customer as well as their chosen trusted contact person to investigate the matter.

Bach & Jacobs, P.A. employs elder law litigators who assist seniors and their families in combatting financial exploitation of the elderly.

February 6, 2018
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Cyber Safety Tips for Seniors: Part 2

By Health

In the second installment of Cyber Safety Tips for Seniors, we will be discussing more techniques that senior citizens can use to avoid the perils of the online world.

In hopes of reducing the online exploitation of elderly individuals in the modern world, here are some more tips to help senior citizens use the internet safely and effectively:

  • Never enter your Social Security Number online unless you know you are on a legitimate site that needs your personal information for a specific, important purpose
  • Don’t enter contests, join clubs, or share personal information on any website unless you are positive that it is reputable
  • Before using services such as online banking, make sure the site you are on is secure
  • Do not use public Wi-Fi for any online activities that involve disclosing important personal information or transfers of money
  • Never click on pop-up ads, they may automatically download viruses to your computer
February 2, 2018
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