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Fort Myers Probate & Estate Planning Law Blog

Taking a look at what happens with a will after death

The administration of an estate, which includes the execution of the will, occurs upon the death of the person named in the documents. It can be a very lengthy and stressful process for the surviving family members, especially if the decedent did not outline everything about their assets. Today, let's take a look at what happens with a will after death in Florida.

Large estates will be required to go through probate upon the death of the creator. The assets of the estate are sent through probate by the court before anything can be distributed to the heirs listed in the will. There are some assets that are not subject to probate and they include life insurance policies, living trusts that hold property and property held via joint tenancy.

Looking at guardianships for an elderly parent

Life has its ups and downs. One of the most difficult things in life is caring for an elderly parent who once cared for you. When a parent begins to age and change, it can be difficult for an adult child to accept those changes. They are used to seeing a strong person, able to care for him or herself and everyone around them. Now, they see someone who has become frail and has trouble doing things on his or her own. Let's look at guardianships for an elderly parent in this post.

So, what exactly does the guardian of an elderly person do for them? It all depends on how incapacitated they are. If they are disabled but still strong mentally, the guardian will handle the physical care of the person. If the person is incapacitated mentally, the person will handle the decisions and physical care for him or her.

Understanding the role of the executor of a will

understanding the role of the.jpgHave you been asked to be the executor of someone's will? This is an important job to have no matter your relationship with the person who made the request. Also know that you have the ability to deny the request. If you want to say yes to the request and take on this role, you need to understand the role of the executor of a will in Florida.

The executor will be responsible for acquiring the most recent copy of the will and then conducting the will reading for the family and friends of the deceased. The next step is to file a petition with the court to send the will through probate.

Here's what to remember about making a special needs trust

special needs trust.jpgWhen you have a beneficiary with special needs, it's often in your best interests to provide for him or her through a special needs trust. In the event that you pass away, a special needs trust continues to provide benefits while protecting your disabled beneficiary's state and federal benefits by not increasing his or her income.

Some people deal with disabled beneficiaries by providing them with money through a family member. This isn't a good idea, though, as the family member could pass away or decide not to use the funds for the support of the disabled family member.

Explaining the responsibilities of a trustee

trustee.jpgIf you are asked to be a trustee for someone in your life in Fort Myers, Florida, then you likely want to know what it is you are responsible for. There are quite a few responsibilities you will need to handle when you accept this role for someone close to you in life. We will take a look at the responsibilities of a trustee in today's post so you know what to expect.

Agreeing to be a trustee requires you to follow all of the instructions outlined in the trust document. You cannot deviate from these instructions at all, even if the person who created the document said otherwise to you prior to his or her death or incapacitation. Keep in mind that you are protecting the assets of the person for his or her beneficiaries or for the grantor, if he or she is still alive.

It's your business to decide what will happen to your business

what will happen to your busines.jpgAs a small business owner in Florida, you understand the hard work and dedication it requires to simply run a business and maintain its success. There are many things to consider and do in the day-to-day operations, yet it is also important for business owners to consider the future of their companies.

As part of your complete estate plan, you would be wise to consider adding a business succession plan. This step will allow you to decide what will happen after your retirement or in case of your unexpected death, and it can allow you more control over the continuity of your business or a new direction for the company. You built the business, and it is your right to decide what will happen to it.

Picking the executor of your will in Florida

picking the executor of your will in florida.jpgIf you are working on your estate plan in Fort Myers, there's a very important designation you should never overlook. That designation is who will be the executor of your will. This designation should be someone you trust will carryout all of your wishes that are outlined in your will. This should also be someone you know and who knows you, not an occasional acquaintance.

As you begin your search for the executor of your will, you need to consider asking a family member. For the most part, people will choose their spouse and vice versa. This makes it easier when the spouses do not die at the same time to figure out who will handle the estate.

What to expect when asked to be a power of attorney

what to expect when you named power of attorney.pngIt takes a lot of time and plenty of discussions to plan your estate. One of the most difficult aspects of the planning phase is picking someone to be your power of attorney. But, what if you are ever on the other side of this? What if you are asked to be a power of attorney for someone you know and love? It might be hard for you to say yes to this request. Here's what to expect in Florida if this request comes across your desk.

If you decide to accept this request from a loved one, you will need to know what to expect as a legal power of attorney. For starters, you won't have to do anything until the time comes and the subject dies. You don't have to be present at the will signing. You don't even have to know what is in the will. This information will be presented to you in the future.

Tips for choosing a child guardian in Florida

1tips for choosing a child guardian in florida.pngHaving a discussion about your future with your spouse is never easy. You need to discuss some very difficult and uneasy topics, such as how your money will be handled upon your death and who will be the guardian of your children should you die before they reach the age of 18 in Fort Myers. Here are some tips for choosing a guardian for your children.

First and foremost, it is important that you choose someone close to you. This person should be a relative or close family friend. They need to be someone who has been around your children. Your children should love the person, love spending time with him or her and feel comfortable and safe with this person. You also need to have a lot of trust in this person.

What are your motivations for a strong estate plan?

What is your motivation for a strong estate plan.pngFlorida readers know that most people will benefit greatly from having a strong and thoughtful estate plan. Even if you do not consider yourself wealthy or think you need to plan ahead at this stage in your life, having a solid estate plan in place can give you confidence and security for the future.

In fact, one of the many reasons people choose to estate plan is not necessarily because they have a huge estate and a lot of money, but rather, they want to make certain they have control over what will happen to their assets and plan for the care of their loved ones. Regardless of your motivations, having a plan is a smart move for your family.