Skip to main content
Category

Estate Planning

How do I find unclaimed property?

By Asset Protection Planning, Estate Planning

Companies and financial institutions are required under law to returns the money from abandoned accounts to the state of the owner’s last address.

To find missing funds, you could begin your search at http://www.missingmoney.com/ which is endorsed by the National Association of Property Administrators. Some companies and institutions also assist you in finding your property for a percentage of the value they help recover.

However, some of these offers are not always legitimate. In Florida, the state’s unclaimed property administrator gives a free online search at to https://www.fltreasurehunt.org/. Contact our office at (941) 906-1231 meet with an attorney regarding the transfer of your deceased loved one’s assets and to ensure that your lost property search is conducted properly.

What to Know About Having Witnesses Present at Your Will Signing

By 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.

What is unclaimed property?

By Asset Protection Planning, Estate Planning

Unclaimed properties are the assets in accounts that have remained inactive for more than a year. This unclaimed property includes assets in checking and savings accounts, stocks, dividends, trust distributions and more.

The financial institutions where these accounts are located are required under state law to return these accounts to the state’s unclaimed property administrator. In Florida, if the rightful owner never makes a claim for the assets being held by the administrator, then the unclaimed property goes into the State School Fund for public education. The process of claiming property is simple and at no cost.

Assisting in the search for unclaimed property is part of the services that Bach & Jacobs, P.A. provide to personal representatives, trustees, and families of those who have passed away. Bach & Jacobs is a full services probate and trust firm that can assist you in recovering any unclaimed assets titled in the name of your deceased loved one.

Estate Planning Documents Everyone Needs To Have

By Estate Planning

Attorney Babette Bach Esq. is looking forward to speaking on the topic of “Estate Planning Documents Everyone Needs To Have” at The Glenridge on Palmer Ranch, 7333 Scotland Way, Sarasota, FL 34238 on Thursday, January 26th, 2017 at 1pm. Please call Dr. Smith at The Glenridge on 941-552-5369 for more information on this event.

If you have further questions on this topic or wish to discuss having your estate planning documents drafted, please contact our office at (941) 906-1231 to schedule an appointment to meet with one of our attorneys.

 

How do I change my advance directive?

By Elder Law, Estate Planning

Advance directives are documents that spell out your medical wishes for end-of-life care. Advance directives include living wills and the appointment of healthcare surrogates. As you get older it is important to revisit and update your advance directives so they properly reflect your intentions.

According to the American Bar Association, there are five “D’s” after which you should revisit your advance directives:

  1. Decade — When you begin a new decade in your life
  2. Death — When a loved one passes away
  3. Divorce — When you get a divorce or experience a big family change
  4. Diagnosis — When you are diagnosed with a disease or other health condition
  5. Decline — When you decline in health and lose certain abilities

Under Florida law, you may change or revoke your advance directive in a number of ways. You may sign and date a document that communicates your plan to revoke the directive, you can physically destroy the original, you can orally express your plan to revoke, or you can establish a new advance directive that replaces the old one.

If you have further questions on this topic or wish to set up end-of-life documents, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

What property does not go into a living trust?

By Asset Protection Planning, Estate Planning

While it is common for people to put valuable assets in their living trusts, there is a long list of property that is usually excluded from trusts.

 

Property of Little Value

Property of little value may not need to go through probate, so it typically does not need to be included in a trust.

 

Property You Frequently Buy or Sell

If you don’t expect to own the property at your death, do not put it in your trust.

 

Cars

If your car is of little value, as most cars are, it makes sense not to transfer ownership to your living trust. Some lenders and insurance companies are hesitant to insure a car owned by a trust. This could become a confusing and burdensome problem. However, if you consider the vehicle to be a valuable antique, or if it is a mobile home attached to land, you may want to include it in your trust and transfer the ownership to the trust.

 

Life Insurance

The proceeds of your life insurance are distributed according to your policy and do not go through probate. Thus, you do not need to name your trust as the beneficiary of your life insurance policy.

 

Personal Checking Accounts

Because money moves in and out of these accounts so frequently, they are typically left out of living trusts.

 

IRAs, 401(k)s

Retirement accounts cannot be owned by a trust. However, you can always name a trust as a beneficiary or designate a beneficiary in the account documents to receive the assets when you pass away.

 

Cash

While there’s no way to transfer tangible cash to a living trust, you can transfer ownership of a cash account to a living trust. By designating a beneficiary, that individual will receive the remainder of those accounts. Once you put money in a bank account, transfer it to yourself as trustee and name the individual in the trust document as the beneficiary.

How Does Remarriage Affect Estate Planning?

By Estate Planning

As our society has increasingly high divorce and remarriage rates, more individuals are faced with the task of updating or revising their Estate Planning documents to account for their change in partner. However, remarriage can make Estate Planning quite complicated, especially if each or either spouse has children by a previous partner.

The first step in updating your estate plan if you plan on getting remarried is to review yours and have your current partner review theirs. If you both decide that you would like to continue to keep your assets separate and leave everything to your respective children, then you will need to contractually agree to this by entering into a prenuptial agreement or “prenup”. At this time you may want to amend your advance health care directives and medical release forms as well.

If you have further inquiries, the skilled attorneys at Bach & Jacobs can assist you with Estate Planning. Please call our office at 941-906-1231 to schedule an appointment.

What property goes into a living trust?

By Asset Protection Planning, Estate Planning

Unlike a testamentary trust, which is set up in a will and takes effect after someone’s death, a living trust is established and funded during one’s lifetime. A revocable trust can also be utilized to avoid probate, if that is a priority for you.

Typically, a revocable living trust involves three parties: the grantor, the trustee(s), and the beneficiaries. It is a good idea to include your most valuable property in a living trust. Some of these assets may include your:

  • House
  • Stocks, bonds, and mutual funds
  • Jewelry
  • Antiques
  • Brokerage accounts
  • Business interests

For real estate that is jointly owned, it is important to remember that you do not need to transfer it into a trust to have the property pass outside of probate because the property will go directly to the co-owner if you die by operation of law.

Planning with Your Sibling to Care for Elderly Parents

By Estate Planning, Guardianship, Long-Term Care

Instead of coming up with a strategy for caregiving arrangements right after an emergency room visit or life-threatening event, it is good for families to meet early during a time when everyone is relaxed and rational. By meeting early, families can make arrangements when they are clear-minded and collected.

Another effective step in planning for caregiving is matching the parents’ wishes and needs with the capabilities of the siblings. For example, many elderly parents need help in areas like transportation, managing finances, and healthcare. Depending on the situation, one sibling might be able to assist with transporting the parents while another may be greater help in paying bills.

Lastly, it is important for siblings to remember that asking for outside help is sometimes necessary. If you and your siblings are still struggling to meet the needs of your parents, it is good to contact volunteer, hospital, and senior care programs that can provide their abilities and time.

Digital assets act grants personal representatives access to digital data

By Asset Protection Planning, Elder Law, Estate Planning

Senate Bill 494, also known as the Florida Fiduciary Access to Digital Assets Act, took effect July 1, 2016. The act allows fiduciaries to manage digital assets and communications in the same way one would with tangible assets.

Digital data includes emails, photos, social media content, and online account information.

The four types of fiduciaries that this bill applies to are personal representatives; guardians of minors or incapacitated persons; agents under the authority of a power of attorney; and trustees. Fiduciaries must provide evidence of their authority under Florida law.

The bill does not extend access to digital data to family members or loved ones who aren’t fiduciaries. Also, the act does not grant the fiduciaries the right to own the asset; it only allows them to access it.

By granting fiduciaries access to digital assets while you are competent, you can properly protect and plan for your assets.