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.

1. 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.

2. 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.

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.

Video Summary

What is a codicil? A codicil is an amendment to your will. Whenever you want to make a change in your will, rather than doing a whole new, well, you can have an amendment. My experience has been, however, is if you have a simple will, it’s easier just to go ahead and to redo the whole will, the cost is all is about the same because you have a conference, you have to come back in and sign it with the same formality as you did your will. So, it’s usually simpler, easier, and the same expense as far as doing them amendment. So that’s what a codicil is. If you have any questions about your will and on a codicil will give me a call at (727) 847-2288.

Video Summary

Is the copy of a Will legal? No, you cannot have introduced into the probate court a copy of a Will. You must produce the original Will of the decedent in order for it to be admitted to probate. If you cannot locate the original Will and it was last in the possession of the decedent, it’s presumed revoked. Sometimes folks say, well, I’ll have signed two originals that way. I’ll leave one with a lawyer and I’ll take one. Well, in that instance, you have to account for both signed copies or again, it’s presumed to be revoked. Many of my clients like to leave the original Will in my office, not provide them with a copy so that if their copy is lost or if I even lose the original, it’s not presumed revoked because it was not last in their possession. So, with an original Will, it has to be presented to the court and must have to be proved by warrant of the witnesses who testified before the clerk that it was signed and the presence of both witnesses and the decedent and declared to be the last Will and Testament. That’s called approval. And that’s the reason why Wills are notarized and that that’s a self-proving Will. So the proof is done at the same time. The Will assign, but a Will does not have to be notarized in order to be effective. If you have any questions about Wills, give me a call at (727) 847-2288.

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.