One of the biggest mistakes a person can make is not periodically reviewing, updating, and modifying his or her estate planning documents. Once drafted, many people tuck these documents away, and don’t think about them again. However, changes in personal circumstances can have an unintended effect on the eventual disposition of an estate.
From guardianship and power of attorney designations to bequests of assets, life changes can affect many decisions made when an estate plan was originally drafted….
According to a study by the Pew Research center, 68% of American adults have a Facebook account, 28% use Instagram and 21% are Twitter users. It is essential for individuals to consider what will happen to their accounts upon death.
Facebook and Instagram both provide two options for handling the account of a deceased individual. Under Facebook’s policy, an account can either be memorialized, or deactivated. If memorialization is chosen, once Facebook receives notice and proof of a person’s death, the account becomes a remembrance page, and account activity will be restricted….
When choosing a place to store your advance directives, will, or other estate planning documents, the most important factors to consider are ease of access and a location that will keep the documents free from harm.
Healthcare advance directives, such as living wills and health care surrogate designations, must be quickly accessible. It is a good idea to give a copy of these to the designated and alternate surrogate identified within the documents. Copies can also be given to other close family members or a primary physician….
Most students must take out loans in order to pay for their higher education. However, many people don’t consider what will happen to their student loan debt if they die before it’s paid off.
Most federal student loans do not require a credit check or cosigner, leaving the borrower solely responsible for repayment. The exception to this is the Direct PLUS loan, which can only be obtained by the parents of a dependent undergraduate student, or by students attending professional or graduate school….
The death of a loved one is a stressful time for family and friends. When it comes to funeral arrangements, family members are sometimes at odds over the details. One way a person can help ease the burden on those left behind is to create a plan for burial arrangements.
Arguably, the most important decisions when it comes to final arrangements are whether a person will be cremated or buried, and the location of his or her final resting place….
Most people are familiar with living wills, which generally detail procedures a person does or does not want if he or she becomes incapacitated and needs life-preserving treatment. In addition to a living will, designating a health care surrogate provides further peace of mind that a trusted individual will be making treatment decisions if a person’s ability to communicate is lost.
A health care surrogate designation authorizes a chosen individual to receive medical information and to make decisions regarding the medical care of another….
According to a 2017 caring.com survey, 78 percent of millennials (ages 18-36) don’t have a will, and many gave a lack of assets as a reason for not beginning the estate planning process. But, no matter the current size of the estate, planning ahead is always a good idea.
A will may seem pointless if there are few assets, or a large amount of student loan or other debt. Some young people overlook the value of assets they have, including retirement or investment accounts and life insurance policies….
The Florida Bar has published a chapter in the Ninth Edition of Business Litigation in Florida by Attorneys John Farina and Kenni Judd. Entitled Summary Judgment in Business Litigation, the chapter covers:
Comparison of Florida and Federal rules
When a motion may be made
Evidence considered by court
Standard for decision
Summary judgement in actions on written instruments
Summary judgement in other actions
With current authorities, succinct discussions of complex issues, and the forms vital to handling a commercial case, the Ninth Edition of Business Litigation in Florida is a must-have for business practitioners and trial attorneys alike….
Partner John Farina has been selected a 2017 Top 100 Trusts and Estates lawyer by the American Society of Legal Advocates (“ASLA”) for the third consecutive year. ASLA is an invitation-only organization of elite lawyers in practice today. Less than one-and-a-half percent of licensed lawyers nationwide are members. ASLA draws its membership from lawyers who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards.
A Florida Super Lawyer, Mr….
Attorney Joshua L. Plager recently joined the firm. He represents clients in the areas of probate and trust litigation, trust and estate administration, guardianship law, fiduciary litigation and estate planning.
Mr. Plager graduated magna cum laude from the University of Miami School of Law, where he served as Senior Notes and Comments Editor of the University of Miami Law Review. His paper, “All Things Equal: Unintended Consequences & Allegedly Misrepresented Statistics,”…