If I Have a Living Trust, Should I Also Have a Will?
Video Summary
If I have a living trust, should I have a will answer? The question is yes, those are called Pour- Over wills, meaning that your will says I leave whatever assets that I may have that are just titled in. I name to the trustee of my trust, the trust, then the trustee designates who the beneficiaries are, what I have found over my career that sometimes trust are set up and are fine and dandy. They designate who all the beneficiaries are, but for whatever reason, the assets of the decedent are not titled into the name of the trustee. And so there must be a probate proceeding to have the assets transferred to the trustee so they can be distributed to the beneficiaries. So without a will leaving it to the trust, well then the assets would pass to the children or the heirs of the decedent, which is probably not the same as the testament scheme or who you wanted to receive these assets as, as a result of executing a trust. So that is a real good reason to have a will. That leaves everything to the trustee and your trust upon your death in the event. So that any assets that you have in your name alone will go to your trustee to be distributed to your designated beneficiaries. If you have any questions, give me a call at (727) 847-2288.
- Published in Estate Planning, Trusts, Videos, Wills
Who Will Serve as the Personal Representative if There is No Will?
Video Summary
Who will serve as the personal representative, if there is no will, well, it will be more than likely one of the children of the decedent. In order to be appointed as the personal representative, you need to have the majority and entrust degree or consent to your appointment. So if there are three children, well, we need two out of three to agree one person. If there can be no agreement, then anyone can petition say why they’re qualified as a child, and then get formal notice to the other children as far as, being for them to object. And so if they don’t object, well, then they would be appointed. The court would then decide if there’s an objection, may require a bond or a higher bond, if it is a contested matter. But usually I find that we can find a, the majority of the beneficiaries are agreeing on one person to serve. If you have a question about handling the probate and when there’s no will involved, well give me a call at (727) 847-2288.
- Published in Estate Planning, Videos, Wills
What Happens If I Die Without A Will?
What happens if I die without a will? The first thing that you need to do when someone dies without a will is determine what assets that they own and how they are titled. If the assets are titled in joint names, then they automatically go to the survivor and all they need is a death certificate. If there is a beneficiary on the assets such as life insurance or individual retirement accounts, IRAs, then all you need is a death certificate and contact the custodian of the IRA to have the money transferred to the beneficiaries, same thing with annuities, and also brokerage accounts that are transfer on death or bank accounts that are payable on death. If there is an asset that is just in the decedent’s name and they did not have a will then the Florida statutes set forth who is to receive the money, starting with the widow. And there is no widow or widower were then it passes to the children and on and on and on as to who receives the assets in the event that whenever someone dies without a will. So the Florida statutes state, who receives the assets upon the Seton’s death. So if you have any questions, we’ll give me a call at (727) 847-2288.
Do I Need a Health Care Surrogate if I Have a Living Will?
Video Summary
Our clients commonly wonder, “If I have a Living Will, do I also need a Health Care Surrogate?” To help you make that decision, you should know that there are two occasions in life when a Health Care Surrogate takes effect.
- If you are going to expire in the near future and you are unconscious, a Living Will can aid in determining whether life support will be discontinued. The Living Will names the person who will act as your Health Care Surrogate and will make that decision for you.
- If you have suffered some injury or medical trauma and you are not in a position to make medical decision for yourself, a Health Care Surrogate document names the person who is legally entitled to make those decisions for you. Appointing a Health Care Surrogate in advance allows you to choose a person who you trust to make vital medical decisions in your behalf when you are not capable of doing so. That person may be called upon to make a medical choice that could save your life.
If you would like assistance in preparing a Living Will or appointing a Health Care Surrogate, please call us at (727) 847-2288.
How Much Time is Involved in Setting Up a Will?
Video Summary
How much time is involved in setting up a will? Well, usually the time period consists of a conference wherein you meet with myself or an attorney and give him the information as to whom you would like to leave your assets upon your death, and further who you would like to be your executor. You need to have some idea of what assets you have and how they’re titled, and that drafting a will is incorporated in estate planning. Knowing how your assets are titled is important as far as knowing what the will will control since your will will not control jointly-owned assets, assets that are titled with a payable on death, life insurance or IRAs that have beneficiaries. After you have the estate planning conference, then you’ll later have to come back and sign your well.
We also discuss in our well conference a living will which says that you don’t want your life prolonged artificially. Also, a healthcare surrogate form where you authorize someone to receive health information too, as far as HIPAA is concerned, and to make medical decisions for you, as well as a durable power of attorney.
Give me a call if you’d like to do some estate planning and have a well-prepared my phone number’s (727) 847-2288.