Attorney Babette B. Bach will give a presentation on estate planning for parents of children with special needs on October 14, 2014 at the Lakewood Ranch YMCA. Topics will include planning for a child with special needs with a particular emphasis on special needs trusts.
If you have a child with special needs and would like legal advice on how to properly plan for your child in your estate planning, please contact Bach & Jacobs, P.A. at (941) 906-1231 for an initial consultation.
Barbara Peters Smith, an excellent journalist in Sarasota, recently wrote a front-page article for the Sarasota Herald Tribune about the growing popularity of ‘green’ burials. Such burials are an environmentally-friendly alternative to embalming and cremation. Some land trusts in Florida have established ‘conservation cemeteries’ which provide families the opportunity to have an earth-friendly burial while supporting the conservation of environmentally sensitive land. Bach & Jacobs, PA often include funeral preferences in the estate planning documents prepared for clients. If you are interested in including the concept of green burials in your estate plan, contact Bach & Jacobs, PA to speak with attorneys Fred Jacobs and Sean Byrne, who have a background representing land conservation organizations and can provide you information about this option. You can read Barbara Peters Smith’s article here: http://www.heraldtribune.com/article/20140906/article/140909768
Ever wonder what happens to a deceased person’s online accounts after they pass away?
With so many people going ‘paperless’ and communicating online, the Personal Representative of a probate estate may have trouble identifying online accounts and obtaining the digital content in those accounts. The state of Delaware recently passed a law that gives estate attorneys, executors and other fiduciaries more access to those online accounts after a person passes. The Wall Street Journal says the Delaware law “could set a national trend” as policy makers “wrestle with how to handle the digital remains people leave behind.” Florida may become one of the next states with similar legislation—a committee of the Florida Bar has been formed to propose such legislation.
The attorneys at Bach & Jacobs, P.A. make efforts to stay on the cutting edge of new technologies that assist our clients, including the Personal Representatives that we represent. We recommend all trust and durable power of attorney documents specifically authorize access to this information. We can also help you identify your digital assets and ensure that they are fully accounted for in your estate planning documents.
You can read the Wall Street Journal article here: http://blogs.wsj.com/law/2014/08/20/new-law-expands-access-to-google-facebook-accounts-of-deceased/
Question: My father died shortly after he and my stepmother got divorced. I don’t think he updated his will after the divorce. If his ex-wife was in the last will, does that mean she’ll inherit even after she got a divorce settlement?
Answer: Unless the will or judgment expressly provides otherwise, if your father’s will provided for his then-wife, but they later got divorced, then those provisions benefiting the now ex-wife are void under Florida law. In fact, the Florida Probate Code construes such a will as if the former spouse had died before the deceased spouse as of the date of the dissolution, divorce, or annulment of the marriage. If your father designated your step-mother as his personal representative of his estate, you should look to the will to see if he appointed a successor personal representative. If he didn’t, you may be able to petition the court to be appointed personal representative. If someone you love has recently passed, contact Bach & Jacobs and schedule an appointment with one of our attorneys who can guide you through the probate process.
Question: I am interested in doing Medicaid planning for potential future long term care costs, but I don’t know for sure that I’ll even need skilled nursing care or long term care. Should I start the Medicaid planning process ahead of time or wait until I need the nursing home care to make the plans?
Answer: Because there is a look back period, there are risks to waiting until a crisis hits to plan for Medicaid. It is more advantageous to make an appointment with an elder law attorney to evaluate your situation, income, and assets at the outset of a gradual condition that may cause you to eventually need long term care. Babette Bach is a Florida Board Certified Elder Law Attorney and an expert in public benefits and asset protection planning. Call Bach & Jacobs today at (941) 906-1231 to make an appointment for a consultation with her.
Question: When is ancillary administration necessary for non-Florida residents who die owning real estate in Florida? What are the options for ancillary administration?
Answer: When a resident of another state dies owning real estate in Florida titled in the decedent’s name, probate proceeding must be commenced to validly transfer the property after the death. This is the case even if a personal representative has been appointed in the decedent’s home state. If the decedent left a will, any person may petition to admit the Foreign Will to Record in the Florida County where the property is located. The person petitioning for admission of the will should have “authenticated copies” (learn more about authenticated copies here). The probate court will appoint an ancillary personal representative who is qualified under the Florida Probate Code who will administer the ancillary probate for the Florida estate. There are other options available to certain ancillary estates that have values less than $50,000 called short form ancillary administration. There is also a proceeding called summary administration available to estates with property subject to Florida probate that are worth less than $75,000. If you are seeking to administer the Florida assets of a non-Florida resident decedent who has died, contact Bach & Jacobs, P.A. to learn which options are available to you under Florida Law.
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