Amy McGarry Law Office

The first thing to know about probate is that it can be avoided, but in some situations it is necessary. Probate is literally the process of determining the validity of a will and the steps and procedures that follow the death of an individual that has an estate. This process can be complicated if the decedent, the person that has passed away, has died intestate, which means without a will. If the decedent has passed testate, that means they have left a will. So, the first key takeaway is that a will is the best protection for you and your loved ones during the probate process.Where Theres Will Theres a Way Like any type of planning for the future a will is the best place to start. However, even a detailed will can present its own problems when property is to be administered. So, getting an experienced probate and estate planning attorney to supervise this process will ensure the property and assets are distributed as the decedent intended. If there is no will present at the time of death, instead of distributing the property based on the instructions of the will, the property and assets are distributed according to Florida inheritance laws. The decedent has much power in naming their heirs, but not absolute power. For example, they cannot exclude a spouse from some inheritance. The probate court will look to the will, determine its validity, and sort through any ambiguities in the language to distribute property.  Issues and Solutions  Some of the issues that can arise during the probate process that would require the expertise of an attorney include: if the person named heir of the will does not want the role, if there is a dispute over the value of the assets, or if there is a challenge to the validity of the will. One solution to the challenge of a will is a no contest provision which discourages this exact type of issue, but these provisions are not recognized under Florida Law, so again, an experienced attorney can help in mitigating and educating you on these issues.  Timeline and Probate in the Public Eye  Once in hands of an experienced attorney, the probate process can be handled efficiently and timely. Probate can often be a long process by nature because making sure property and assets are first verified to the decedent and then passed to the right heirs is often complicated. So, there is no strict timeline of events, but your attorney can make you aware of waiting times and when documents are filed so you are never in the dark during the process. Probate is also public record, so while having the details of the administration of property in the public eye is often unsettling, usually the process is not dramatic enough and handled carefully between parties that it is not in the spotlight.  Probate Demystified  With a will to start, and an experienced attorney such as Amy McGarry, the probate process can be a long process that feels manageable. Typically, the fees involved are often not considerable enough to diminish substantial value which is meant to go to the heirs. While the probate process can present issues along the way, the best way to avoid this is to understand the process going in, so hopefully probate is a little less of a mystery! Contact us to get started and be prepared.

Blended families are when people get remarried, but have children from a previous marriage. This can be a little trickier for estate planning, but nonetheless, very possible! This has become an increasingly common arrangement.The biggest concern is ensuring assets are divided accordingly. In the event a Will is left solely to your new spouse, will your children be a factor in the surviving spouses own estate planning documents or beneficiaries of accounts you left for your surviving spouse? Do not worry, there are systems in place for this occurrence.One way to ensure your children will still receive an inheritance from you is a trust. A Trust is established to hold your assets and will state how you want the assets to be distributed. An example, your spouse can receive some assets outright, and an income from other assets. Then when your spouse passes away, your children will receive the assets that your spouse was just receiving income. Just be sure to voice your concerns to your attorney to ensure that your wishes are honored even after your death.Another example: if you have your new spouse as a beneficiary on your retirement accounts, such as an IRA or 401K. You may have your children listed as your contingent beneficiaries. If you are survived by your spouse, the spouse will now own that retirement account. The contingent beneficiaries are no longer a part of the plan. Your spouse needs to update the beneficiaries, and may not include your children as the primary beneficiaries to the account. Again, these are issues to discuss with your attorney and prepare a plan that will give your spouse the income from the retirement account, but the remainder to your children upon the death of your spouse.While blended families can seem more complex, it is very important to plan ahead. Even if families are all getting along now, unfortunately, relationships can change after someone passes away. Your new spouse also will have similar concerns to make sure his or her children, or other family members are not forgotten. Just be sure to sit down with your new spouse and any family members you wish to involve and discuss your wishes in the event of your passing. At the end of the day these decisions are yours to make, whether that coincides with the wishes of all parties involved, or not. Contact us to get started with your estate plan.

Did you know June 15th  is World Elder Abuse Awareness Day? One of the best ways to recognize World Elder Abuse Awareness Day may be to learn more about the unfortunate prevalence of elder abuse in our communities and ways it can be prevented. Let us discuss three ways to advocate for elders at risk this month. Understand the prevalence of elder abuse. The most well-known type of elder abuse may be that which occurs in nursing homes, but elder abuse may also occur in an assisted living facility, the elders home, a family members home, or even out in the community. Just as the location of abuse varies, so do the types. Elder abuse ranges from physical abuse, to emotional abuse, to neglect and abandonment, to sexual abuse and financial abuse. The most typical victims of elder abuse may be those adults who are dependent upon others, from assisting them in their home with their activities of daily living, to a person who assists them with financial transactions. While both men and women can both fall victim to elder abuse, women can more often be the victim. Both being aware and spreading awareness that elder abuse is occurring everywhere can be a great step in identifying and preventing or stopping it.Know the signs of abuse. Signs of abuse include the older adults becoming withdrawn, such as being less talkative or not tending to their hygiene and appearance.Weight loss and agitation can be signs of stress related to the abuse. In the case of physical abuse, there may be outright signs of abuse, including unexplained cuts or bruises, broken glasses or marks from unnecessary restraint. Financial signs of abuse may present in the forms of collection notices, utilities being turned off, or even eviction, if the elders funds are being misappropriated or stolen.Know how to help. With all the varied possibilities of abuse, as well as the various signs of abuse, the most vital step a person who suspects abuse can take may be not to ignore it. If you see a possible sign of abuse or have a gut feeling that something seems off, take the time to look into it. This may include talking to the elder about the possibility of abuse, while also remaining aware that the elder may not feel comfortable or safe disclosing abuse. In addition to speaking to the older person about the existence of abuse, you can enlist the assistance of other friends and family members, make a report to the local adult protective services agency in your community or speak to the elders physician, regarding the possibility of abuse. The physician may be able to help investigate the abuse by talking with the elder and will also likely be a mandatory reporter of suspected abuse under the state laws where the elder resides.Be sure to spread the word about World Elder Abuse Awareness Day on June 15th and share these tips. Together we can make a positive difference in the lives of the elders in our communities.For assistance with elder related legal issues, please get in touch with our office to schedule a time to meet.

Did you know that a pet trust is an estate planning vehicle that can allow you to establish a plan for your pets care in the event that you are unable to care for him or her because of your death or incapacity? In the pet trust, you can identify a caregiver for your pet, you can set aside assets to pay for your pets care, and you can select a trustee to manage those assets and distribute them to your pets caregiver to benefit your pet. A pet trust also allows you to specify the type of care you want your pet to receive, including preferred veterinarians, specifications regarding daily care and grooming, instructions for boarding, and even end of life care.Pet trusts can be beneficial for a variety of pet owners. For example, if you are the sole caregiver for your pet, you could implement a pet trust so that, if something happens to you, your pet will not wind up in a shelter. If you own a pet with a long life-span, like a horse or a bird, the possibility that your pet outlives you may be very real and a pet trust can help ensure that you can plan for your pets care for the duration of his or her life.If implementing a pet trust seems right for you, make sure you enlist the help of an experienced estate planning attorney to incorporate the pet trust into your estate plan. Many states have specific limitations and restrictions on establishing a pet trust, and your attorney can help you navigate the applicable rules and put the most effective pet trust in place. Your attorney can also help you decide how to incorporate any balance remaining in the trust after your pets death into the rest of your estate plan so that no assets are wasted.To learn more about establishing a pet trust and other useful estate planning tools, please contact our office to schedule an appointment.

Have you considered how important it will be for you to help an elder loved one decide on the right nursing home? There are many factors to consider, such as price, location, and safety record. An elder loved one also has to be comfortable with the facility if they are going to live there. These big-picture concerns only scratch the surface. Let us take time to review five questions you should be asking when doing your due diligence on nursing home selection.1. Is the nursing home accredited? All skilled nursing home facilities must comply with federal regulations if they receive Medicare and Medicaid payments. States also require nursing home certifications. An organization called the Joint Commission on Accreditation of Healthcare Organizations further accredits nursing homes. While participation is voluntary, approval from the Joint Commission shows an extra level of transparency and care.2. What is the environment like? This question is more about observing the facility than it is pressing a nursing homes management for answers. For example, is the facility clean? Is it located in a safe neighborhood? What is the quality of the outside gardens and interior dcor? These are not superficial judgments, but important criteria for long-term residence.3. Who will provide medical care? When visiting a nursing home, make sure to meet with the facilitys top administrator and medical director. Also, ask to meet with staff members who would provide medical care to your aging loved one . Is there a doctor on-site? Can your loved one still see his or her doctors? If so, will the nursing home provide transportation?4. What is the turnover rate for nursing aides? Nursing aides are the backbone of nursing home care, and a high turnover rate can be a major red flag. It may also be important to gauge the reputation of the facilitys nursing staff, but you do not have to rely on the facility for the information. Contact an area nursing home ombudsman or the agency that regulates nursing homes in your state.5. What kind of recreational activities and social services are offered? Like young people, elder adults need social interaction and enjoyable activities to be fulfilled, healthy, and mentally stimulated. This also helps mitigate loneliness and social isolation. Nursing homes should provide a wide range of activities and social opportunities. If they do not, consider it a potential deal-breaker.Choosing the right nursing home can provide peace of mind during a period of uncertainty and loss of independence. There is more to consider, especially regarding contracts, insurance, and government benefits. You are not alone. Our office can help you navigate these challenges. Contact us today to schedule a meeting.

BENEFICIARIES AND YOUR ESTATE: MAKE THE IMPORTANT DECISIONS NOW TO SAVE MONEY AND TIME LATERIt is so important to name beneficiaries on your estate accounts because those beneficiary selections can outweigh who may be listed on a will. The importance of listing beneficiaries on your estate and trusts is to ensure what you leave behind is left in the right hands, if you become incapacitated or pass away.o understand why it is so important to name beneficiaries, a good place to start is with the definition of a beneficiary. A beneficiary is someone that will receive all or some, depending on what you decide, your account proceeds in the event of incapacitation or death. When naming beneficiaries, you have the power to designate primary, secondary, and contingent beneficiaries. This will help in case the primary beneficiary is no longer available.So, with that definition in mind, the first advantage to naming beneficiaries is that it saves your loved ones much confusion, especially in the case of an unexpected incapacitation or passing. In the event something unexpected happens to you, having your beneficiaries named is one less stress your loved ones would need to bear. It would leave clear designations where your insurance proceeds, assets, and money would need to go. Plus, naming a beneficiary is relatively easy, all that is required is the legal name, address, current phone number, social security number and birth date of the person you would like to designate to your estate.Also, once you have your beneficiaries named, your loved ones would be able to immediate gain access to those valuables you left to them. Without beneficiaries listed, the state or a retirement plan could end up designating your valuables instead of you making that decision. This process takes time and money, both of with could have been saved had beneficiaries been listed prior to incapacitation or death.The legal probate process is handled expertly at Amy McGarry law office, but by nature this process is delayed if beneficiaries are not named, so save time and money by making the important decision of beneficiaries now. Contact us to schedule an appointment with our team.