Mr. Waller – What Do You Like About Being A Lawyer?
Video Summary
What do I like about being a lawyer?
Well, I guess the thing that I like the best is helping people. And I meet good people, when they come to see me, and I get to know them. And we have a mission statement, here, which hopefully represents our firm. And it’s two words – it says: we care.
And I really do care about the people that come to see me, that engage my services to try and help them. And I try and tell them what the law is, but I also try and take a practical approach to whatever their problems or questions they may have. Many times, there is not a legal solution to their problem, and so, I try and come up with some alternative suggestions on how to try and resolve the matter. Many times it’s neighbors problems, or it’s family problems, or whatever, and so I try and listen, and be empathetic, and care, although many times I’ll tell them that there’s not a good legal solution to the problem.
And, also, as far as dealing with legal problems, is to make sure that I don’t do any harm to the client. And, also, that if they come to me with an $8,000.0 problem, that that’s what their damages are, that I don’t wind up charging them, you know, $5,000.00, $6,000.00, $7,000.00, to solve the problem. So, after litigation’s all done and over with, and they get their money, well, then, they turn around and they pay me all the money, and they’ve gone through all this aggravation, in order to simply pay their lawyer to resolve the issue.
Also, I caution people about not suing based upon the principle of the matter, and the principle is very expensive. And probably after they’re paying me a huge amount of money over the principle of the matter, that they sort of forget what they told me to begin with, it didn’t matter how much it costs them – it usually does. But I enjoy chatting with folks, and sometimes I think I’m pretty funny, so, particularly if they laugh at my jokes, well, I usually get along very well with the folks.
And so, I just like, you know, being a lawyer, and seeing if I can’t solve problems. Particularly when it comes to real estate issues, whenever I try to clear up a title, or figure out how to do something, and I can figure out how to do it, maybe when someone else hasn’t been able to do it. So, like, a treasure hunt, trying to find folks, or to come up with the law is, or to figure out how to do something.
So, I just like being a lawyer, and dealing with folks, and hopefully do a pretty good job as far as whatever people hire me to do, and in the cases that I undertake. So, hopefully if you have any real estate issues, or probate issues, or trust, give me a call, and I’ll be glad to chat with you. And talk to me over the telephone, and then if I think it’s something I can help you with, well, I’ll set you up an appointment, and we can talk about what it’s gonna take to get the job done. Give me a call at 727-847-2288.
Do You Need A Lawyer To Administer A Trust?
Video Summary
Do you need a lawyer to administer a trust?
This usually comes up whenever we have a person who sets up a revocable trust for the purposes of avoiding probate, and when they pass away, they designate someone as the successor trustee. So, the successor trustee then becomes the owner of the, or entitled to the property that’s held in the trust, and they can take care of distributing the assets to the various beneficiaries. Whether or not the person needs or should have an attorney depends on the complexity of the trust.
A trust, once the person who set it up passes away, is supposed to obtain a federal identification number, because it then becomes a separate tax-paying entity. And so that, whenever any income comes in, it’s not taxed to the successor taxee under their individual social security number. There can be, also, questions, if this is an ongoing trust, as far as what duties you owe to the various beneficiaries.
Under the Florida statute, a successor trustee is to send or notify the beneficiaries of the trust, and that they are beneficiaries. They also should serve upon them an inventory, letting them know what assets are in the trust. And, further, if it’s an ongoing trust, or takes some time to administer, they should send out an annual accounting, giving the beneficiaries notice that if they have any complaints about how the trustee is handling the finances of the trust, they have six months in which to object.
One of the most often asked questions of the successor trustee _____ is, “What do I have to do as far as paying the creditors of the deceased settler, or the person who set up the trust?” This is somewhat problematic, in that there may not be a probate proceeding, and the trustee would be responsible for paying those bills. A notice of trust should be filed with the clerk of the court.
The question is, “Well, should I make distribution of all these assets? And then, what happens if a bill comes in?” Well, that is a real problem, as far as giving the successor trustee a definitive answer, in that the creditors can file claims or sue the estate and trust up to two years after the person’s death. So, it’s important to understand who the creditors are, and do a reasonable search to determine the ascertainable creditors.
The other issue is filing a fiduciary tax return – that is, a tax return by the trustee that reports whatever income has come in, and then sending out the notice to the beneficiaries of how much they must pay in taxes. So all of these are matters that need to be addressed, whenever you become a successor trustee, and it’s usually sometimes not within the successor trustee’s expertise, if they are not a professional trustee, in order to do that.
So, it may be wise to consult with an attorney, and discuss with them whatever trust that you may be the successor trustee, to determine just exactly what you need to do, and whether or not you need to engage the services of the attorney. As far as the administration of the trust, so you do not become personally liable for any of the debts, and be protected as far as the beneficiaries are concerned.
If you’d like some advice, or set up an appointment to discuss administration of a trust, well, give me a call, at 727-847-2288.
What Is Elder Law?
Video Summary
What is elder law?
Many people ask me that question: Well, what exactly is elder law, or what do elder law attorneys do? Well, there are a few different practice areas that elder law attorneys cover. One of which is Medicaid planning, specifically for what’s called the ICP program – also known as the Institutional Care Program. So, getting families qualified for Medicaid coverage for skilled nursing care, through a variety of methods, including a Medicaid plan, even as much as drafting a Miller Trust, or a personal services contract. So that’s one component of elder law.
Another component of elder law would be probate, whether it be a summary administration or a formal administration. So, in Florida, probate is required to transfer title to assets in a decedent’s name, absent joint ownership, or absent some other previous mechanism, such as a trust, to go and pass ownership. So probate is a part of elder law. Another component of elder law would be guardianship. Guardianship has two different forms incapacity guardianship which, in the elder law, is really gonna be used a majority of the time. And then you also have minor guardianship, so guardianships are a huge part of elder law, as far as that’s concerned.
You also have estate planning. Estate planning is a very large part of elder law. Estate planning encompasses creating actual plans for your clients, as well as creating documents for their future, as far as last will and testaments, powers of attorney, healthcare surrogate forms, and declarations of preneed guardians. So those are some components of elder law, and what elder law attorneys do.
Our office, here at , we handle all of those areas of the law. I specifically handle areas of the law, as well, and we would love to help you. If you have an elder law question, or an elder law need, please feel free to give us a call, at 727-847-2288.
- Published in Estate Planning, Videos
Jaleh – What Do You Like About Being A Lawyer?
Video Summary
What do I like about being a lawyer?
Well, there’s really many things that I like about being a lawyer. But if I had to narrow it down, I would probably say the top two things that I enjoy about being a lawyer would be: problem-solving, and also helping people.
Well, let’s start with problem-solving. So, problem-solving is really integral to everyday, and being a lawyer. Whether it’s a problem involving an estate, or whether it’s a problem involving a piece of real estate, it’s always a problem. And your clients come to you, usually in their darkest hour, when they’re having an issue and they have nowhere else to turn. So, for me, I really enjoy being able to take a problem, and to be able to help them by reaching a resolution, sometimes in very creative and unique fashions. So, problem-solving is definitely number one for me, as far as enjoying what I do.
Number two, helping people. Well, there’s nothing greater than the satisfaction of knowing that somebody’s life, or day, or even maybe that hour is made better, because you’ve given them peace of mind, by giving them clarification and direction in which way to proceed. You know, whether it’s involving a Medicaid plan for their mother or their father. Or whether it’s just simply drafting a power of attorney for them, to ensure that if anything would ever happen, they’d have somebody that would be able to act as their agent.
So, really, helping people is integral to what I do, and why I really enjoy being an attorney.
- Published in Videos
Should I Give My House To My Children So The Nursing Home Doesn’t Take It?
- Published in Medicaid Planning, Videos