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Bach and Jacobs PA

Are Holographic Wills Valid in Florida?

By Elder Law, Estate Planning, Probate

Holographic wills, or wills which are handwritten and signed by the Testator without any witnesses, are considered invalid by the state of Florida.  Florida law states that at least two witnesses must be present during the signing of a will by the Testator.

Another unconventional type of will is a nuncupative will under which the Testator orally records their estate planning wishes.  Like holographic wills, nuncupative wills are not valid in Florida.

To consult with an estate planning attorney about how you can create an estate plan which will ensure your assets are distributed as you wish or to have your out-of-state will reviewed for compliance with the Florida Probate Code, contact the law office of Bach & Jacobs, P.A. at (941) 906-1231.

December 1, 2015
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What powers will my Power of Attorney have?

By Asset Protection Planning, Elder Law, Estate Planning

The powers granted to your power of attorney depend on the type of power of attorney that you set up during estate planning.  Some different powers of attorney include:

  • A limited power of attorney who can only perform certain actions which you specify such as selling your house.
  • A general power of attorney who can perform many actions which you outline such as making medical or business decisions.
  • A durable power of attorney who, unlike the two types of power of attorney described above, remains effective after incapacitation.

Designating a power of attorney, and especially a durable power of attorney, is an essential part of proper estate planning.  If you would like to learn more about how you can designate a power of attorney, what type you should choose, and who you should appoint, please contact us at (941) 906-1231.

November 27, 2015
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Ensuring your Stepchildren’s Rights to an Inheritance

By Asset Protection Planning, Elder Law, Estate Planning, Probate

            In the state of Florida, stepchildren do not have automatic legal rights to inherit assets from their stepparent.  If you would like your stepchildren to inherit part of your estate, you need to specify that in your estate planning documents such as your will and trust.  Wills must contain specific language identifying stepchildren and including them as beneficiaries.  Generic references to “my children” would not automatically include stepchildren.  Another way to ensure your stepchildren receive part of your estate is to formally adopt them so they would be afforded full legal rights equivalent to those of biological children.  Adopting your stepchildren could help avoid inheritance issues if you do not leave estate planning documents such as a will or trust describing how you want your assets to be dispersed among your blended family.

To set up estate planning documents, contact the office of Bach & Jacobs, P.A. at (941) 906-1231.

November 24, 2015
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Should I amend or restate my current trust?

By Asset Protection Planning, Estate Planning

Typically, to ensure that your trust is reflective of the most up to date legislation and that your desires will be honored, it is often recommended that a trust be restated if you are seeking significant modifications.  However, a simple “amendment” rather than full “restatement” may be more appropriate if you are returning to the same attorney for revisions who originally drafted it, the original trust is less than a few years old, and the changes you wish to make are minimal.

To have a Board Certified attorney review your current trust or find out what estate planning practices would best meet your individual needs, call our office today at (941) 906-1231.  Bach& Jacobs, P.A. represents clients throughout Florida, especially in Sarasota County and Manatee County.

November 20, 2015
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More Tips on How to Talk to your Elderly Parent about Driving

By Elder Law, Health
  • Help them make a list of pros and cons of giving up driving. Some pros include saving money spent on insurance, maintenance, and gas.
  • Some books about broaching difficult topics with elders suggest you try giving up your own car for a few days before having this conversation. This somewhat extreme suggestion can help you become truly compassionate about the issue and also better inform you about other transportation options available in your area.
  • After your initial discussion of driving, set up another time to talk after you and your relative have had more time to think about solutions to problems posed and other transportation options. Unless their driving is posing a significant threat to themselves and others, set minimal preliminary limits to their driving such as staying close to home or not driving past dark.  Talk about more long-term restrictions during your next discussion.
November 17, 2015
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Tips on Talking to your Elderly Parent About Driving

By Elder Law, Health
  • Be sure that from the beginning you make it clear you have the person’s best interests at heart by being compassionate and preventing this conversation from becoming a battle.
  • Use “reflective listening” to support your loved one by rephrasing their own concerns to encourage thinking about how obstacles can be overcome. For example, you might say “I know it will be harder to get to your weekly lunches with friends in town.  Let’s figure out how we can make sure you don’t miss out on these.”
  • Allow plenty of time for this conversation and allow your loved one to reflect on memories they have about driving such as how they bought their first car or road trips they took with family.  To show your support, ask to see pictures or hear more about these memories.
November 13, 2015
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Tips for Difficult Discussions about Driving

By Elder Law, Health

Driving is a privilege and freedom which most people do not want to let go of, especially as they age.  When it becomes necessary to have a discussion about giving up driving with a loved one, it is important yet difficult to approach the subject carefully to avoid family conflict.  These types of discussions should be approached with realistic understandings that change will most likely be resisted and will not come immediately.  Think of your broaching the subject as a preliminary discussion which will lead to more consideration of the issue and somewhat gradual change.

Over the next few weeks, we will be publishing some tips here on this blog about how to begin the conversation about the topic that all families dread: Is it time to take my parent’s car keys away?

November 10, 2015
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Difference between a Health Care Power of Attorney (HCPOA) and an Emergency Contact

By Elder Law, Estate Planning

When a hospital or health care provider asks a patient who their emergency contact is, many patients incorrectly assume that their emergency contact is able to make medical decisions for them.  This is not the case as an emergency contact has no authority to make decisions on your behalf, even if you are unable to make the decisions yourself.  In order to designate a person who can make health care decisions for you a “health care surrogate” must be designated by the patient.  This person has the authority to make medical decisions on the patient’s behalf regardless of whether the surrogate is present at the hospital in the event of an emergency.

It is important to understand the distinction between a health care surrogate and an emergency contact so that in the event of an emergency or situation involving medical decisions you can be sure to notify doctors of both your emergency contact and surrogate.  A Health Care surrogate should be designated if you want a trusted individual to be able to make medical decisions on your behalf, including in the event of an emergency which leaves you unable to make these decisions yourself.  To set up a designation of health care surrogate, contact our office today at (941) 906-1231 to set up an appointment to speak with an experienced estate planning attorney.

November 6, 2015
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Personal Representatives Need Attorneys in Florida Probate Cases

By Elder Law, Probate

If you have been nominated as personal representative in the will of someone who has died, you should hire an attorney to represent you throughout the probate process.  Probate cases can become complicated and you want to assure that as personal representative you do not make mistakes that are costly to beneficiaries and, potentially, you.  Your attorney would represent your interests and not those of the beneficiaries.  In addition, the Florida Probate Rules require that the PR has legal representation, except in rare cases that are exempt from the requirement under the rules.  To speak with attorneys experienced in representing personal representatives in probate court, contact the office of Bach & Jacobs, P.A. at (941) 906-1231.

November 3, 2015
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Clauses to Include in a Will or Living Trust

By Asset Protection Planning, Elder Law, Estate Planning

While everyone needs individualized legal advice on what language their estate planning documents should contain, the following are some of the most common and important clauses which should be discussed with the lawyer preparing your will or living trust.

  • Revocation: Previously written wills or trusts should be revoked to avoid the court intervening later to decide which parts of certain documents should be followed.
  • Disaster Clause: This clause helps plan what will happen to your assets if both you and your spouse or main beneficiary die at the same time.
  • Appointment of personal representative: While doing estate planning you will need to name someone as your Personal Representative who will be in charge of distributing the assets in your estate.
  • Guardianship of children: If you have minor children, it is very important that you name someone as their guardian in the event that you or you and your spouse die.
  • Spendthrift Provision: This clause prevents the beneficiary of your assets from transferring their rights to those assets. A spendthrift provision is often used to protect assets from creditors.
  • Total failure: Total failure would occur if all heirs of your estate died before inheriting your assets. This is an extremely rare situation but, without a total failure clause, your estate would go to the government in this circumstance.  A total failure clause allows you to instead designate an organization of your choice for the estate to be given to.

If you have questions about what should be in your estate planning documents to ensure all of your wishes are met and your assets are distributed exactly as you desire, contact our office at (941) 906-1231 to speak with an experienced estate planning attorney.

October 30, 2015
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