Martella Law Firm

Generally, most people are familiar with the term probate. They know that it has something to do with Wills and happens after someone dies. However, what I have found in my 27 years as a practicing attorney, is that it is quite often a mysterious term and that there are many misconceptions about what the probate process actually is and what it entails.Often, I have clients tell me that they want to have a Will so that they can avoid probate. The reality is, the only way that a Will is effective is if it is submitted for probate. Probate is just the general term used to describe the whole process that happens after an individual dies so that someone can be appointed to wrap up the affairs of the decedent. If theres a Will, whomever is named as the executor or personal representative, is formally recognized by the court as the person authorized to handle the affairs of the estate, such as, paying bills and distributing property on behalf of the estate. If there is no Will, but there are assets to be distributed, someone such as a spouse or child can apply to be appointed as the personal representative of the estate to do the same things as if there was a Will appointing an executor or personal representative. However, instead of relying upon the Will for a determination of how the property is distributed, the distribution will be based upon Florida intestate law.Countless times, I have been contacted by a family member who has lost a loved one that needs to get access to funds of the decedent to pay funeral bills or just to resolve a life insurance claim or distribute funds in a bank account. Generally, they call me after they have been advised that they do not have the right to access an account at a bank or brokerage firm as they have not been appointed by the court. In that case, they will have to retain an attorney and go through the probate process to be appointed as the personal representative.Probate is one of the unique areas of the law where you generally cannot represent yourself. Sometimes the funds to be accessed may not even exceed the costs to go through the probate process. Therefore, I want to share three simple tips with you that can help you avoid forcing your loved ones to go through the probate process if your assets are limited or, if you have a loved one with limited assets, so you can assist them in planing accordingly.Bank accounts: Sometimes I will meet with family members of the deceased loved one where the only asset is a bank account and the bank account is only in the decedents name. The only way to get access to the funds is to go through the probate process. However, the time delay and the expenses incurred for filing fees and legal fees could simply have been avoided if the person, while alive, named a beneficiary of that account to be paid upon the death of the account holder. If this procedure is followed, instead of having to go through the probate process, the beneficiary of the account merely needs to present a death certificate to the bank to obtain access to funds.Life insurance policies: Generally, life insurance policies name a beneficiary. However, sometimes they name my estate as the beneficiary. If that is the case, in order to get access to the funds, someone must be appointed as the personal representative of the estate to distribute the funds according to a Will, or if there is no Will, then pursuant to Florida intestacy law. A simple way to avoid this is to make sure that your estate is not named as beneficiary under the policy and to review your policies on an annual basis to make sure you have proper beneficiaries named. If a spouse has passed away, then you may want to update the policy to name your children or other beneficiaries such as a nonprofit organization or church. Again, completing a simple change of beneficiary form is much easier than forcing your family to have to go through the probate process if your life insurance policy is your only asset.Brokerage accounts: I am often surprised that clients are unaware of the opportunity to name beneficiaries on their brokerage accounts. Quite often I have senior clients who may have sold off all their assets and are living in an assisted living facility and their only asset is a brokerage account. Again, because of their failure to name a beneficiary on the account, the family has to go through the expense and time delays associated with probate. If you do have a brokerage account, you should contact your financial adviser to discuss the naming of beneficiaries on that account. Generally you can name an initial beneficiary and contingent beneficiary.Although there are many other probate avoidance mechanisms that can get quite complex, especially when looking to avoid tax consequences for estates over $5 million, quite often these three tips will help a large number of individuals. Plan to review your assets and talk to your parents about their assets and what they have done to avoid the probate process.While its a topic that no one likes to talk about, once someone has passed, its too late and nothing can be done. If you would like a complimentary consultation regarding your current estate planning or if you do not have an estate plan and would like to learn more, please give us a call at 941-206-3700 to schedule an appointment or to request our FREE Special Report on Five Tips to Avoid a Family Tragedy

As we age, planning for the future becomes increasingly important. This is especially true when it comes to elder care planning, which encompasses a variety of legal, financial, and healthcare decisions that ensure your needsand the needs of your loved onesare met as you age. The complexity of these decisions can be overwhelming, but with the right guidance, you can approach the future with confidence and peace of mind.Martella Law is dedicated to providing the expertise, compassion, and personalized solutions that individuals and families need when it comes to elder care planning. With their experience in estate planning, elder law, and healthcare decisions, they empower clients to make informed choices about their future, providing them with the tools to navigate the complexities of aging with confidence.1. What is Elder Care Planning?Elder care planning is a proactive approach to managing the legal, financial, and healthcare needs that arise as individuals age. It involves creating a comprehensive plan that addresses potential future challenges, such as:Healthcare decisions: Planning for medical care, including long-term care options, and ensuring healthcare needs are met.Legal documents: Establishing powers of attorney, living wills, and advance directives to ensure that decisions can be made when you are no longer able to make them for yourself.Financial planning: Protecting assets, managing retirement funds, and ensuring that you have the resources to cover healthcare and living expenses as you age.Guardianship: Designating someone to make personal, medical, or financial decisions on your behalf if you become unable to do so.Without proper planning, navigating these issues can become confusing, stressful, and even financially draining. Martella Law specializes in elder law and estate planning, offering comprehensive services that ensure your care and financial security are protected.2. Estate Planning: Securing Your LegacyEstate planning is a cornerstone of comprehensive elder care planning. It allows individuals to ensure that their wishes are honored regarding the distribution of assets, healthcare decisions, and more. Martella Law works with clients to create custom estate plans that address their unique circumstances, including:Wills and Trusts: Establishing a legally binding plan for the distribution of your assets, ensuring your loved ones are cared for according to your wishes.Revocable Living Trusts: A trust that allows you to maintain control over your assets during your lifetime while avoiding the probate process and providing clear directives for asset distribution after death.Trust Administration: Ensuring that your trust is properly administered, including managing investments and distributing assets in a timely and efficient manner.By working with Martella Law, you can be confident that your estate plan will reflect your values and desires, while ensuring your family is not burdened with legal and financial complexities after your passing.3. Advance Directives and Powers of Attorney: Planning for Healthcare DecisionsHealthcare decisions are some of the most critical aspects of elder care planning. As you age, there may come a time when you are unable to make decisions about your health. Having the proper legal documents in place ensures that someone you trust can step in to make decisions on your behalf.Martella Law helps clients navigate the creation of:Living Wills: A legal document that outlines your preferences for medical treatment in the event you are unable to communicate due to illness or injury. This can include directives about life-sustaining treatment and end-of-life care.Durable Powers of Attorney for Healthcare: This document designates a trusted individual to make healthcare decisions for you if you are incapacitated.Do Not Resuscitate (DNR) Orders: In some cases, individuals may wish to specify that they do not want life-saving interventions in certain situations. Martella Law assists clients with these orders as part of their comprehensive healthcare planning.These documents ensure that your healthcare preferences are respected, even if you cannot advocate for yourself. With Martella Law's guidance, you can feel confident that your healthcare decisions will be carried out according to your wishes.4. Long-Term Care and Medicaid Planning: Protecting Your AssetsOne of the most significant concerns for individuals planning for the future is long-term care. The cost of assisted living, nursing homes, or in-home care can be overwhelming, and many individuals are unaware of the financial planning tools available to help cover these expenses.Martella Law specializes in Medicaid planning and long-term care strategies, providing clients with solutions to help them protect their assets while securing the care they need. Their services include:Asset Protection: Helping individuals safeguard their assets while ensuring they qualify for Medicaid benefits. This involves legally transferring assets and structuring finances to meet Medicaid eligibility requirements.Medicaid Applications: Assisting with the application process for Medicaid benefits to ensure that clients receive the financial assistance they need for long-term care without jeopardizing their hard-earned assets.Special Needs Trusts: For families with a loved one who has special needs, Martella Law can help create a special needs trust to ensure that resources are used appropriately without disqualifying the individual from essential government benefits.By working with Martella Law, you can ensure that your financial resources are protected, and your long-term care needs will be met without compromising your future security.5. Guardianship and Elder Abuse PreventionIn cases where individuals are no longer able to manage their personal or financial affairs, guardianship may be necessary. Martella Law assists families in navigating the guardianship process, ensuring that the right person is designated to make decisions for an incapacitated loved one.Additionally, elder abuse is a serious concern, and Martella Law is committed to advocating for seniors and protecting them from potential exploitation. They offer guidance on recognizing and addressing elder abuse, helping families take action to ensure the safety and well-being of their loved ones.6. Planning with Confidence: Why Choose Martella Law?Elder care planning can be a complex and sensitive process, but Martella Law is committed to making it easier for individuals and families in Florida. With a compassionate, client-focused approach, Martella Law ensures that every aspect of elder care is carefully planned and executed, giving clients peace of mind about the future.Their team of skilled attorneys has extensive experience in elder law, estate planning, and Medicaid planning, ensuring that you have the resources and support needed to navigate these critical decisions. Whether you are just beginning to plan for the future or need help adjusting your existing plan, Martella Law is here to guide you every step of the way.7. Conclusion: Empowering You to Plan for the FuturePlanning for the future is essential, and with the right legal guidance, you can ensure that your healthcare, financial, and personal needs are met with confidence and clarity. Martella Law is your trusted partner in comprehensive elder care planning, offering personalized, compassionate, and expert services that help you navigate the complexities of aging and secure your future.Reach out to Martella Law today to schedule a consultation and begin your journey toward a secure and well-planned future. With their expertise, you can make informed decisions and face the future with peace of mind.Contact Martella Law today to learn more about comprehensive elder care planning and how they can assist you in navigating the complexities of the aging process.

Anyone who has gone through the gauntlet of law school classes or who has had a lot of dealings with attorneys, knows that the most classic and common answer to what would appear to be a straight forward legal question is: it depends. This response is true when it comes to a discussion as to whether or not life insurance proceeds and 401-K Retirement Plans are exempt from attachment by your creditors.First, lets take a look at life insurance proceeds. Under Fla. Stat. 222.13, if a person is residing in the state of Florida at the time of their death, the proceeds of the policy are deemed exclusively for the benefit of the beneficiaries of the insurance policy as designated in the policy and the insurance proceeds are exempt from the claims of creditors of the insured. Therefore, if someone owes $5,000 to credit card companies at the time of their death, the credit card companies cannot attach or seek to obtain in any way the proceeds of those insurance policies and those proceeds go directly to the beneficiaries.However, that is not the end of the analysis. The statute further provides that if the named beneficiary in the policy is the insured (i.e. the decedent) or the estate of the insured, or his or her executors or administrators, then the insurance proceeds become part of the insureds estate, and would be subject to distribution according to the laws governing the distribution of estates which would include the payment to creditors of the decedent prior to distribution to beneficiaries under the estate. Therefore, for estate planning purposes, if you have significant liabilities, you should consult with an estate planning attorney to review your life insurance policies to make sure that they name a beneficiary outside of your estate, so the proceeds go to the people you wish to receive the funds and not your creditors upon your death.Another exception to the rule of life insurance policies being exempt is with regard to the beneficiarys creditors. While one might assume that since there is an exemption for life insurance proceeds the exemption protects the proceeds are exempt from all creditors. However, the exemption is limited to creditors of the insured, namely the person who took out the policy and is not exempt from creditors of the beneficiary. Therefore, if you have a life insurance policy for your daughter, and she owes a lot of money to credit cards or hospitals, and she were to receive $100,000 worth of life insurance proceeds upon your death, that $100,000 of proceeds could be subject to attachment and levy by her creditors.As difficult as it is, we encourage family members to be frank with their parents if they anticipate receiving an inheritance and are presently in a difficult financial position. If you are a parent looking to leave funds to a child or other relative, and you do not want your funds to go to pay off their creditors, you need to have a direct and honest discussion with them concerning their financial position. Likewise, if you know your parents are going to leave you substantial funds and you are in way over your head and maybe even possibly considering filing bankruptcy, you need to have a frank discussion with them regarding your financial position so that they are not mislead and their hard earned assets go to pay off your creditors.A second issue that comes up is whether or not 401-Ks are exempt from creditors upon a persons death. Under Fla. Stat. 222.21 it provides that a fund or account that meets Internal Revenue Code requirements (which is beyond the scope of this article) is exempt from all claims of creditors of the owner, beneficiary or participant of the fund or account. This is a great advantage and benefit to individuals who may have to face a foreclosure since it allows them to maintain their retirement accounts (if they have not drained them in an effort to avoid bankruptcy) and provide them with a financial basis to get a new start if necessary.The issue that arose over the past couple of years was whether or not a qualified 401-K that was inherited was also exempt. The courts across the country were split on this issue. Some courts limited the exemption to just the owners creditors while others said also the beneficiary of the proceeds receive the same protections from creditors. However, just as with life insurance policies, the issue became whether the beneficiary was also protected from the beneficiaries creditors upon receipt of the 401-K.Fortunately, this question was answered outside of the courts by the legislature amending Fla. Stat. 222.21 last year. Specifically, the Florida legislature added language to paragraph (2)(c) and provided that the fund or account is exempt from claims of creditors of the owner, beneficiary, or participant in that is does not cease to be exempt after the owners death by reason of a direct transfer or eligible rollover.Specifically, the legislature further noted this paragraph is intended to clarify existing law, is remedial in nature, and shall have retroactive application to all inherited individual retirement accounts without regard to the date an account was created. This is example of one of the key roles of a legislature to clarify existing law when courts conflict in their interpretation of an existing statute.In summary, since in the new economy it is not unusual for you to have family members going through difficult situations, it is important to discuss these issues not only with them but with your estate planning attorney to make sure that your hard earned assets go to your intended family members and not their creditors.

A Last Will & Testament, commonly referred to as a Will, is a legal document that expresses a person's wishes regarding the distribution of their assets and the management of their affairs after their death. It serves as a written record of how an individual wants their property and belongings to be handled, including who should inherit their assets, who should be appointed as guardians for minor children, and any other specific instructions they may have regarding their final wishes when they are gone.  Many people confuse a Will with a Living Will which is a much different document that takes effect while you are alive!  Here in Florida, it generally covers three conditions and states that if you have: a terminal condition; end stage condition; or if you are in a persistent vegetative state, where in the opinion of two doctors, there is not reasonable medical hope of recovery, that you do not want to be kept alive by machines.  Again, a very different purpose than your Last Will & Testament. The main purposes of a Last Will & Testament are:Asset Distribution: A Will allows individuals to specify how their property, such as real estate, investments, bank accounts, personal belongings, and other assets, should be distributed among their beneficiaries or heirs. Without a Will, the distribution of assets typically follows the laws of intestacy, which may not align with the deceased person's preferences.Guardianship designation: If the deceased person has minor children, a Will can designate a guardian who will be responsible for their care and upbringing. This allows parents to have a say in who will be responsible for their children's well-being if they pass away and not leave it solely up to a judge with no input from them.Personal Representative Appointment: A Will typically appoints what is referred to in Florida as a personal Representative.  Other states call the persona and Executor.  This person is responsible for ensuring that the deceased person's wishes, as outlined in the Will, are carried out. The Personal Representative manages the administrative tasks, such as paying outstanding debts, filing tax returns, and distributing assets according to the instructions provided in the Will.Avoiding potential conflicts: This is a big issue, especially in situations where there is a second or third marriage involved and there are children from a prior relationship.  A well-drafted Will can help minimize conflicts among family members or other potential beneficiaries, as it provides clear instructions on asset distribution and removes ambiguity. To be legally valid in Florida, a Will requires certain formalities, such as being in writing, signed by the testator (the person making the Will) and witnessed by two witnesses.  Also it is best to have the testators signature and the witnesses signatures acknowledged by a Notary Public.  This makes the Will a self-proving Will which avoids the necessity of having to find the witnesses when the testator passes.Will ContestsContesting a Last Will & Testament means challenging its validity or certain provisions within it. There are a number of grounds on which a Will can be contested in Florida. Some of the typical reasons for contesting a Will include: Lack of testamentary capacity: This refers to the testator's mental ability to understand the nature and significance of creating a Will. If it can be demonstrated that the testator lacked the necessary mental capacity at the time of creating the Will, it may be deemed invalid. Factors that can affect testamentary capacity include mental illness, senility, or undue influence.Undue influence: If it can be proven that the testator was coerced, manipulated, or unduly influenced by another person when creating the Will, it may be contested. Undue influence typically involves someone exerting pressure on the testator to make decisions against their own wishes or best interests.  It is often a caregiver who cuts off outsiders from contact with the testator.  It can be a child, a spouse, a home health aid of trusted advisor.Fraud or forgery: If there is evidence to suggest that the Will was forged or that fraud was involved in its creation, it can be contested. This may include situations where someone impersonates the testator, forges their signature, or makes fraudulent changes to the Will.Improper execution: Wills must generally meet certain formalities to be considered valid. If the Will was not properly executed according to the legal requirements of the jurisdiction, such as lack of witnesses or failure to sign the document correctly, it can be contested.  This often occurs when someone tries to use a do it yourself Will kit.  While DIY may be good for home improvement projects, it is best to consult professionals when planning to disburse your hard-earned assets.Mistake or ambiguity: Another problem with DIY Will kits are mistakes or ambiguities in the Will that make it unclear or open to interpretation.  In such cases it may be contested. This can occur when the language used in the Will is vague, contradictory, or inconsistent, leading to disputes among beneficiaries.Revocation or subsequent Will: If a more recent Will is discovered that explicitly revokes or replaces the previous Will, the newer version may be contested based upon all of the grounds discussed above.It's important to note that contesting a Will can be a complex legal process, and the specific grounds for a challenge must be explored thoroughly as a Will contest is expensive and time-consuming as well as very difficult to win.  That is why your best course of action to avoid this for your family is to work with a team of professionals, including your lawyer, investment advisor and accountant, to develop an estate plan that best fits your intentions, and prepares you and your family for when life happens.

Planning for the future can be overwhelming, especially when it comes to advanced care and estate planning. As individuals age, or when facing chronic illness or serious health conditions, the need for informed and effective decision-making becomes crucial. That's where a Certified Patient Advocate (CPA) plays a pivotal role. By ensuring that healthcare and legal decisions are made in the best interest of the individual, a CPA offers invaluable assistance in navigating complex healthcare systems and estate planning needs. In partnership with law firms like Martella Law, a Certified Patient Advocate can help guide individuals through the intricacies of advanced care and estate planning.What is a Certified Patient Advocate?A Certified Patient Advocate is a trained professional who acts as a liaison between patients, their families, and healthcare providers. They specialize in advocating for patients' rights, ensuring that their wishes are respected and that they receive the appropriate medical care. A CPA is knowledgeable about healthcare systems, insurance, and legal considerations and can assist in navigating these areas when making decisions about advanced care or estate planning.Patient advocacy is particularly important for individuals with complex health conditions, aging adults, or those requiring long-term care. CPAs provide support by ensuring that their clients understand their options and are empowered to make informed decisions about their care. They can also step in to help coordinate medical services, communicate with healthcare providers, and facilitate decision-making when individuals are unable to advocate for themselves.The Role of a Certified Patient Advocate in Advanced Care PlanningAdvanced care planning involves preparing for future healthcare needs, including decisions about medical treatments, life-sustaining interventions, and end-of-life care. A Certified Patient Advocate can provide critical assistance in this process by:Clarifying Medical Options: Advanced care planning often involves making complex decisions about medical treatment options, including those related to end-of-life care. A CPA helps individuals understand their options, including life support, palliative care, and hospice, ensuring that patients personal values and preferences are considered.Facilitating Healthcare Decisions: Many individuals are unsure how to express their preferences regarding healthcare decisions. A CPA can help individuals communicate their wishes clearly by assisting in creating documents like living wills, advance directives, and durable powers of attorney for healthcare. These documents ensure that individuals' healthcare preferences are followed when they are no longer able to make decisions themselves.Coordinating Care: For those with chronic illnesses or complex medical needs, a CPA can help coordinate care between doctors, specialists, and family members. By ensuring that everyone is on the same page, CPAs can prevent gaps in care and ensure that patients receive the appropriate services.Providing Support During Medical Crises: During medical emergencies, a CPA can act as an advocate, ensuring that healthcare providers understand the patients wishes and that the family is informed and supported during difficult decisions.The Role of a Certified Patient Advocate in Estate PlanningEstate planning is another area where a CPA can be an invaluable resource. While estate planning traditionally involves managing assets, wills, trusts, and financial matters, it also extends to healthcare and medical decision-making. A Certified Patient Advocate can assist in the following ways:Ensuring Healthcare Directives are Part of Estate Planning: Healthcare decisions are just as important as financial ones when it comes to estate planning. A CPA can help integrate healthcare directives into the overall estate plan, ensuring that medical wishes are clearly outlined and legally enforceable. This may include advance directives, powers of attorney, and living wills.Guiding Families Through Legal Complexities: The estate planning process often involves navigating complex legal documents and requirements. A CPA can assist families in understanding these documents and how they interact with the healthcare wishes of the individual. This is particularly important when it comes to ensuring that healthcare proxies and powers of attorney are in place and legally valid.Ensuring Family Harmony: Estate planning can sometimes cause disagreements among family members, especially when it comes to healthcare decisions. A CPA can act as a neutral party, helping to mediate any disputes and ensure that everyone involved understands the patients wishes. This can reduce family tension and ensure that the individuals preferences are honored.Coordination Between Legal and Healthcare Teams: Estate planning and advanced care decisions are often made in tandem, but they can require input from both healthcare and legal professionals. A CPA works closely with attorneys, like those at Martella Law, to ensure that the healthcare and legal aspects of the estate plan align and that the clients wishes are clearly communicated.How Martella Law Collaborates with Certified Patient AdvocatesAt Martella Law, the team understands the importance of comprehensive estate and advanced care planning, especially when it comes to ensuring that healthcare decisions are properly documented and communicated. By working with Certified Patient Advocates, Martella Law ensures that clients healthcare wishes are addressed alongside their legal and financial plans.When creating or updating an estate plan, the attorneys at Martella Law work closely with CPAs to ensure that all aspects of advanced care are included, from healthcare proxies to living wills. The combination of legal expertise and patient advocacy ensures that clients' health and legal matters are handled with the utmost care and attention to detail.Additionally, Martella Laws attorneys can offer assistance with Medicaid planning, elder law, guardianship issues, and other estate planning matters, ensuring that clients are fully supported as they navigate the complexities of aging and healthcare needs.Why You Need a Certified Patient AdvocateA Certified Patient Advocate is an essential ally in ensuring that individuals receive the right medical care and that their healthcare preferences are respected. They are especially important for individuals dealing with serious or chronic health conditions, older adults, and those looking to plan for their future healthcare needs. By collaborating with professionals like those at Martella Law, a CPA can provide the guidance and support needed to make informed decisions about advanced care and estate planning.Through the combined efforts of patient advocates and estate planning attorneys, you can ensure that your wishes are honored, your healthcare decisions are clear, and your family is supported during difficult times. Martella Law and Certified Patient Advocates offer the expertise and resources necessary to navigate the challenges of aging and healthcare with confidence and peace of mind.ConclusionAs healthcare and legal decisions become more complex with age or illness, the role of a Certified Patient Advocate is invaluable. From clarifying medical options to ensuring that healthcare decisions are included in your estate plan, a CPA can provide critical support during advanced care planning. When paired with the expertise of an experienced law firm like Martella Law, individuals and families can rest assured that their health, legal, and financial needs will be met, allowing them to navigate the future with confidence and clarity.To learn more about advanced care planning, estate planning, or working with a Certified Patient Advocate, contact Martella Law today for a consultation. Their compassionate and professional team is ready to help guide you through every step of the process.

Planning for the future, especially when it comes to your assets and health care decisions, is one of the most important steps you can take to protect your loved ones. However, for many people, the complexity of probate and estate planning can feel overwhelming. At Martella Law, we understand that navigating these areas requires professional expertise, compassion, and attention to detail. Our team is dedicated to providing you with the support and guidance you need to make informed decisions and ensure your wishes are honored.In this article, we will explore the importance of estate planning and the probate process, and how Martella Law can guide you every step of the way for peace of mind and security for you and your family.What is Estate Planning?Estate planning is the process of organizing your assets and making decisions about what happens to them after you pass away or in the event that you become incapacitated. It involves a number of legal documents that outline how your property, investments, and healthcare will be handled. At the core of estate planning is ensuring that your wishes are respected and that your loved ones are provided for in the way you intended.Key elements of estate planning include:Wills: A legal document that specifies how your property and assets will be distributed after your death. A will can also name guardians for minor children and designate an executor to carry out your wishes.Trusts: Legal arrangements that allow you to transfer property to a trustee who will manage it for the benefit of your beneficiaries. Trusts can provide more control over how your assets are distributed and help avoid the lengthy and costly probate process.Powers of Attorney: Documents that designate someone to make decisions on your behalf if you become incapacitated. A financial power of attorney handles your financial matters, while a healthcare power of attorney manages medical decisions.Advance Directives: Instructions for your healthcare providers regarding the types of medical treatment you want to receive if you are unable to communicate those wishes yourself.Beneficiary Designations: Designating beneficiaries for specific assets such as life insurance policies, retirement accounts, and bank accounts ensures these assets are passed on quickly and outside of probate.What is Probate?Probate is the legal process of administering a deceased persons estate. It involves validating the will (if there is one), identifying and valuing the deceased's assets, paying any debts or taxes, and distributing the remaining assets to beneficiaries. In Florida, the probate process can be lengthy and costly, which is why many people use estate planning tools like trusts to bypass probate or minimize its impact.There are two primary types of probate proceedings in Florida:Formal Probate: Used when a deceased person has significant assets or the estate is contested. It involves court supervision and can be time-consuming and expensive.Summary Probate: A simpler and faster process for estates with small assets and no disputes.Even if your estate is relatively simple, navigating probate without the right guidance can lead to delays and added stress for your loved ones. Thats where Martella Law comes in to help.How Martella Law Can Guide You Through ProbateAt Martella Law, we are committed to helping families navigate the probate process with efficiency and sensitivity. Whether youre dealing with a straightforward estate or a more complex situation, our experienced team provides comprehensive support at every stage of probate:Helping With Estate Administration: As the personal representative (or executor) of an estate, you may have many responsibilities, including locating and managing assets, notifying creditors, and distributing property. Martella Law ensures these tasks are handled properly and efficiently.Filing Documents and Court Proceedings: We help with the preparation and filing of necessary court documents and represent you in any hearings, ensuring that the probate process goes smoothly and according to Florida law.Addressing Complex Issues: In cases where there are disputes, unclear or contested wills, or complex tax concerns, our team offers the expertise to navigate the issues and find solutions that align with your goals and the law.Minimizing Delays: Probate can take several months to complete, but with the right help, you can ensure that the process moves forward efficiently. Martella Law is dedicated to minimizing delays and ensuring a timely resolution.Estate Planning with Martella LawWhen it comes to planning for the future, Martella Law offers a comprehensive range of services designed to help you prepare for whatever comes next. Our estate planning process includes:Personalized Consultation: We begin with a consultation to understand your goals, financial situation, and family dynamics. This allows us to create a customized estate plan that meets your needs and reflects your wishes.Drafting the Necessary Documents: From wills and trusts to powers of attorney and advance directives, our attorneys will work with you to draft the documents that ensure your wishes are clearly outlined and legally enforceable.Trusts and Asset Protection: We help establish living trusts, special needs trusts, and other asset protection strategies to protect your estate from probate, minimize taxes, and ensure that your beneficiaries receive their inheritance smoothly.Ongoing Support and Updates: Estate planning is not a one-time event. Your life circumstances, financial situation, and the law will change over time. We offer ongoing support to update your plan as needed, ensuring that it remains effective and aligned with your goals.Planning for Incapacity: Planning for the possibility of incapacity is a vital aspect of estate planning. We assist in setting up powers of attorney and advance directives to ensure that your financial and healthcare decisions are in trusted hands should you become unable to make them yourself.Peace of Mind for You and Your FamilyThe primary goal of probate and estate planning is to provide peace of mind for you and your family. With Martella Law by your side, you can rest easy knowing that your affairs are in order and that your wishes will be honored. We take the stress out of complex legal processes and provide clear guidance, so you can focus on what matters mostspending time with loved ones and enjoying life with confidence.Whether you're starting the estate planning process, managing a loved ones estate after theyve passed, or dealing with a complicated probate case, Martella Law is here to help. Contact us today to schedule a consultation and begin the journey to secure your future with confidence.ConclusionProbate and estate planning may seem daunting, but with the right guidance, it becomes a manageable process that ensures your legacy is protected and your loved ones are cared for. Martella Law offers comprehensive services for both estate planning and probate administration, providing you with the expertise and support needed to navigate these important aspects of life with peace of mind. Dont waittake the first step toward securing your future today.

At Martella Law, we are committed to providing expert legal services to families, individuals, and businesses. Our approach is rooted in understanding the unique needs of each client, ensuring that we offer tailored solutions for a variety of legal matters. Below is an overview of the core services we provide to help you navigate the complexities of estate planning, Medicaid, small business consulting, and more.Estate PlanningEstate planning is essential for individuals and families who want to ensure their assets are protected and properly distributed. We assist in creating the five key documents that every family should have, especially if you have children, grandchildren, or loved ones you wish to safeguard. With our expertise, we help you plan for the future and ensure that your wishes are carried out exactly as you intend.Learn more about Estate Planning.Medicaid PlanningUnderstanding Medicaid's requirements and how to qualify for nursing home care can be overwhelming. At Martella Law, we focus on the financial aspects of Medicaid planning, guiding you through the necessary steps to ensure you meet the qualifications. We help families make informed decisions about how to protect assets while securing Medicaid benefits for long-term care.Learn more about Medicaid Planning.Small Business ConsultingStarting and running a small business can be a challenging task, and many entrepreneurs fall short of fully protecting themselves and their business. At Martella Law, we offer comprehensive small business consulting, advising business owners on how to properly structure their companies to ensure legal protection and financial stability. We help small businesses operate with the confidence that they are legally sound.Learn more about Small Business Consulting.Trust AdministrationTrust administration is a critical process that involves managing and distributing the assets in a trust after the trust creator has passed away. This responsibility often falls to the trustee, and we provide guidance on how to properly manage and distribute assets according to the terms of the trust. Whether you are serving as a trustee or a beneficiary, we can help you navigate this important process.Learn more about Trust Administration.Probate ServicesProbate is the legal process that occurs after someone dies in order to settle their estate and distribute their assets to heirs or beneficiaries. At Martella Law, we offer expert probate services, guiding families through the often complex and lengthy process. We help to minimize complications and ensure that your loved one's estate is handled with care and efficiency.Learn more about Probate Services.How Our Clients Feel After Working with UsAt Martella Law, our clients' satisfaction is our top priority. Heres what a few of them have said about their experience working with us:Frinee MattesichMy husband and I had a complicated life, assorted properties, an ongoing construction business, interests and beneficiaries scattered around the globe. When we decided to create a Living Trust, we shopped for a pro to help us with the paperwork. After some false starts, we stumbled upon a real pro: Attorney Mark Martella. On the very first interview, he captured the essence of our life complexity and produced a complete and very professional document in record time. We are now moving confidently on to the next stage in our life. Thank you Mark!David ValentinoMr. Martella was generous with his time and took a genuine interest in our needs. His business acumen and experience were as valuable as his legal knowledge in helping us reach our goals. I would not hesitate to recommend this firm, especially to members of the local business community. I'm compelled to add that his office staff was friendly, responsive, and professional. Overall, an excellent experience.Harvey & Marianne GoldbergMark did a terrific, totally thorough and comprehensive job with his deep knowledge and invaluable advice! We can't say enough positive about the personal care we received from the entire Martella Law Firm team as well as their efficiency and professionalism. We would highly recommend Mark Martella and The Martella Law Firm to anyone who is in need of estate planning.Don DeweeseHis expertise and guidance made this a very simple and easy process. He was there to answer all of our questions and kept us informed all along the way. We trust Mark and his team unconditionally.At Martella Law, we are here to guide you through every step of your legal journey. Whether you're planning your estate, navigating Medicaid eligibility, protecting your business, or dealing with probate, we offer the expertise you need to make informed decisions. Contact us today to learn more about how we can help you and your family.

As individuals age, the need for comprehensive long-term planning becomes increasingly important, especially when it comes to health care and financial decisions. One of the most essential tools in elder care and estate planning is a Power of Attorney (POA). A POA allows individuals to appoint someone they trust to make decisions on their behalf in the event they become unable to do so themselves. Understanding the role and types of Power of Attorney can empower seniors and their families to make informed choices that protect their well-being and ensure smooth transitions in life.At Martella Law, we help seniors and families navigate the complexities of power of attorney in elder care and long-term planning. Heres an overview of what a Power of Attorney is, why its important, and how it can be utilized for the best possible care and planning in the later stages of life.What is a Power of Attorney (POA)?A Power of Attorney is a legal document that allows one person (the principal) to give another person (the agent or attorney-in-fact) the authority to make certain decisions on their behalf. The scope of the agent's authority can vary depending on the type of POA and the instructions given by the principal.The POA can be specific to certain areas, such as health care or financial matters, and may come into effect immediately or only under certain conditions, such as when the principal becomes incapacitated.Why is Power of Attorney Important for Seniors?For seniors, a Power of Attorney is essential for planning ahead and ensuring that someone trusted is authorized to make decisions when they can no longer communicate their wishes due to illness, injury, or cognitive decline. In the context of elder care and long-term planning, having a POA in place ensures that decisions related to finances, medical care, and daily living are handled according to the seniors preferences.Here are several reasons why a Power of Attorney is critical in elder care:Ensuring Financial Protection: Seniors often face challenges in managing their finances as they age. A financial POA allows a designated agent to handle tasks such as paying bills, managing investments, and making tax decisions when the principal is unable to do so themselves.Health Care Decisions: A Health Care Power of Attorney authorizes someone to make medical decisions on behalf of the principal if they become incapacitated. This is particularly important when dealing with medical emergencies, complex surgeries, or end-of-life care, ensuring that the principals wishes are honored.Avoiding Court Involvement: If an individual becomes incapacitated without a POA in place, family members may need to go through a lengthy and costly court process to be appointed as a guardian or conservator. Having a POA can eliminate this burden, giving the appointed agent immediate authority to act.Peace of Mind: Knowing that someone trusted is legally authorized to make decisions on behalf of a loved one provides peace of mind for both the senior and their family members. The senior can ensure that their wishes are followed even if they are no longer able to communicate them.Types of Power of AttorneyThere are several different types of Power of Attorney, each serving a specific purpose. Its essential to understand the different types and determine which one aligns with your needs and goals. The main types of POA include:1. General Power of Attorney (GPOA)A General Power of Attorney grants broad authority to the agent to act on the principals behalf in a variety of matters, including financial transactions, legal issues, and real estate matters. However, a general POA is typically valid only when the principal is mentally competent. It becomes void if the principal becomes incapacitated, which is why many seniors opt for a Durable Power of Attorney instead.2. Durable Power of Attorney (DPOA)A Durable Power of Attorney is one of the most common types used for elder care and long-term planning. This type remains valid even if the principal becomes mentally incapacitated or unable to make decisions. It can cover both financial and healthcare decisions and is ideal for seniors who want to ensure that someone can manage their affairs if they can no longer do so themselves.3. Health Care Power of Attorney (HCPOA)A Health Care Power of Attorney specifically authorizes the agent to make medical decisions on the principals behalf if they become unable to make those decisions themselves. This is particularly important when dealing with end-of-life care, surgeries, and other significant medical issues. The agent may be asked to make decisions about treatment options, living arrangements, and even life support, based on the principals preferences.4. Limited Power of Attorney (LPOA)A Limited Power of Attorney is more specific in scope and allows the principal to grant authority to the agent for a particular purpose or within a certain time frame. For example, a senior may grant a limited POA for a specific transaction, such as selling a property or managing investments for a short period. This type of POA is often used in situations where the principal needs help with one-time tasks but doesnt want to give broad, ongoing authority to the agent.5. Springing Power of AttorneyA Springing Power of Attorney only comes into effect once certain conditions are met, such as when the principal becomes incapacitated. This is useful for seniors who dont want to give authority to an agent unless a specific need arises. The conditions for triggering the POA can be clearly outlined in the document, ensuring the agents authority is only activated when necessary.How Martella Law Can Help You Set Up a Power of AttorneySetting up a Power of Attorney is a critical step in long-term planning and elder care. At Martella Law, we guide seniors and their families through the process of creating a POA that aligns with their unique needs. Our experienced attorneys help ensure that the document is legally sound, clear in its instructions, and covers all the necessary areaswhether financial, healthcare, or both.Key Steps in Setting Up a Power of Attorney:Choosing the Right Agent: One of the most important decisions when setting up a POA is selecting a trusted agent who will act in your best interest. This may be a family member, friend, or professional who understands your values and wishes.Defining the Scope: Clearly define the scope of authority granted to the agent. Will they have full control over financial decisions, or will their authority be limited? Will they be able to make healthcare decisions, and under what circumstances?Ensuring Legal Validity: To ensure your POA is legally binding, it must meet all state requirements, including notarization or witness signatures. At Martella Law, we ensure all legal steps are taken to make your POA valid.Regular Review and Updates: As circumstances change, so may your preferences. Regularly reviewing and updating your POA ensures it continues to meet your needs.ConclusionA Power of Attorney is an essential tool for seniors in planning for their future, ensuring that someone they trust can make decisions on their behalf if they are no longer able to do so. Whether dealing with financial matters, healthcare decisions, or the management of assets, a POA provides security and peace of mind for both the senior and their family.At Martella Law, we specialize in elder law and long-term planning, helping seniors set up Powers of Attorney that protect their wishes and provide a smooth transition when needed most. If you or a loved one are considering creating a Power of Attorney, contact Martella Law today for expert guidance and support.

Its human nature to put off what we IMAGINE will be a difficult experience or if it is something that we just dont want to think about.  In my over 30 years of experience, I have found that MOST PEOPLE, including lawyers, think of estate planning as something that they can do later. Unfortunately for many, later often becomes too late. Some of the thoughts that may have crossed your mind are that: Im going to live for a long time and Ill get around to it next year; or Id rather spend my money right now on a new ultra HDTV, and I can wait to do estate planning at another time.  Well in this article, I am going to debunk the THREE BIGGEST MYTHS that may be preventing you from moving forward with your estate plan and why the best time to do it is RIGHT NOW, no matter your age.MYTH #1- PUTTING TOGETHER AN ESTATE PLAN IS TOO TIME CONSUMING AND EXPENSIVE.            Nothing could be further from the truth when it comes to putting together an Estate Plan when working with the Martella Law Firm.  First, when it comes to convenience, I offer an initial consultation via Zoom or phone so you can do the initial meeting to learn about your options in the comfort of your living room, in your shorts and a t-shirt if you like, while sipping a cool beverage.  I also offer a traditional in-person consultation if you prefer to meet face to face.  I will then send you draft documents to review via e-mail so again there is no need to leave the comfort of your home.  Finally, when it comes to the signing of the documents, that is the only time you would have to come to my office.  Even then, if you are in a hospital or other medical facility where you cannot leave, we will come to you.  Therefore, the excuse that its too hard is a fallacy.  As far as expense is concerned, first, the initial consultation is complimentary.  Accordingly, you can get all your questions about putting an estate plan together answered for FREE, at no obligation to you, and learn how a proper plan can not only protect your family, but also save them money if you are sick or after you are gone.  Additionally, an estate plan for an individual starts at only $1,200 at my firm, and I offer payment plans as well, so you can have an estate plan over a few months for probably much less than what you are spending each month on dining out.  Also, with the right plan in place, for a small investment now in a Trust, you could save your heirs $5,000 to $10,000 or more in a costly probate proceeding after your death.MYTH #2- I DONT HAVE ANY ASSETS SO I DONT NEED AN ESTATE PLAN.  The idea that only people with a lot of money and assets need an estate plan is a dangerous misconception that can cause your family a lot of stress and heartache.  While it is true that a Will or a Probate Avoidance Trust can dispose of your assets, there are other documents that everyone needs, no matter their age or health, to protect them and their family when life happens.These documents include the following:         Power of Attorney         Health Care Surrogate         Living Will         HIPAA Consent & WaiverIn a medical crisis, these documents will allow you to take care of the needs of your spouse or parent when they are unable to take care of themselves.  From taking care of banking and real estate, to consenting to medical procedures, these documents make life easier for you and your loved ones.  If you dont have these documents in place, then you may have to go to court to be appointed your family members guardian which can be quite time consuming and expensive.  Believe me, from my personal experience, this is the last thing you want to deal with when your parent or spouse is suffering from a severe medical condition.  I cant tell you how many times I have received a call from a frantic spouse telling me their other half just had a stroke and they need a power of attorney.  Well, if the other spouse is not competent, its too late for the creation of that document and the only option is to apply to be a guardian, even for something as simple as the selling of their house or getting access to a bank account to pay the household bills.  As you can see, your net worth is irrelevant when it comes to deciding whether you need an estate plan.MYTH #3- I DONT NEED A LAST WILL & TESTAMENT BECAUSE EVERYTHING WILL GO TO MY SPOUSE.This myth can really hurt the surviving spouse if there is no Will and the spouse who died had children from a prior marriage.  If you die without a Will, your estate is called intestate and your assets will pass according to Floridas intestacy laws.  Under Florida law, if you die and you have children from a prior marriage, your wife only gets half of your estate and the other half goes to ALL your children, both from prior relationships and your current marriage.            This type of distribution can really hurt when the couple may have been surviving on two social security checks and some savings, and by losing the deceased spouses social security and half of their other assets, the surviving spouse can not financially survive.  Also, if it is a second marriage and the deceased spouse was only on the Deed, then the surviving spouse only gets a life estate in the property allowing her to live there for the rest of her life, and when the property is sold, the proceeds go to all the children of the deceased spouse, less the value of the life estate.  If the children didnt like the stepmom for example, you can image the nightmares for the surviving spouse if she cant afford the monthly carrying costs, and cannot afford a new home with the small net proceeds from the value of the life estate.  If you want your spouse to get the house, you need a Will to provide for that intention or add them to the deed.            Again, a proper Estate Plan consists of so much more than a Last Will and Testament.  That is why I offer a complimentary consultation and free informative videos here so you can educate yourself on the vital importance of having a plan in place, for not only your benefit, but for your familys as well.

As individuals age, they may face the need to adjust or transition their business affairs to ensure long-term stability, security, and peace of mind. For senior entrepreneurs or business owners, its important to have a comprehensive plan in place that addresses both personal and professional concerns, especially when transitioning ownership or management. This process can be complex, requiring legal expertise, strategic planning, and careful consideration of both financial and healthcare needs.Martella Law is committed to helping seniors navigate these transitions with confidence through business planning and consultation services. With the right support, seniors can ensure that their businesses continue to thrive even as they approach retirement or need to delegate responsibilities. Heres how Martella Law plays a crucial role in this process.The Importance of Business Planning for SeniorsAs seniors look toward retirement or the possibility of a health crisis that may impact their ability to run a business, planning becomes a critical step. Business planning is not only about ensuring financial successit also includes preparing for the future and making decisions that reflect your values and wishes. Without proper planning, the transition could be stressful, complicated, and lead to unintended consequences for the business and its owners.Business planning for seniors often involves:Succession Planning: Deciding who will take over or manage the business when the current owner is no longer able to do so.Exit Strategy: Developing a clear plan for how to exit the business, whether through selling, transferring ownership, or simply closing down the business.Asset Protection: Ensuring that personal and business assets are safeguarded against creditors, lawsuits, and other potential risks.Tax Considerations: Minimizing tax liabilities related to the transition of business ownership or assets.Healthcare and Legal Planning: Integrating healthcare and legal concerns, including the management of assets during illness or incapacity, into the overall business plan.How Martella Law Can Help Seniors with Business PlanningMartella Law understands that the needs of senior business owners are unique and require a personalized approach. The firm provides comprehensive business planning and consultation services to seniors, focusing on the following key areas:1. Succession PlanningSuccession planning is one of the most important aspects of business planning for seniors. Whether the business is a family-run operation or involves a team of employees, its crucial to have a plan in place for a smooth transition of ownership or management.Martella Law assists seniors in identifying potential successors, whether within the family, among key employees, or through external buyers. The firm works with clients to create a clear and legally binding succession plan that ensures the business continues to operate smoothly and aligns with the owners vision for the future. This process often involves:Identifying and grooming potential successors.Structuring the business transition to minimize taxes and avoid disputes.Establishing agreements between the business owner and the successor to clarify roles, expectations, and financial arrangements.2. Exit StrategiesWhether planning for retirement, health issues, or simply wanting to step away from day-to-day operations, an exit strategy is vital for seniors. Martella Law helps seniors develop a tailored exit strategy that maximizes the value of their business while minimizing potential risks. Key elements of a successful exit strategy include:Valuation of the Business: Understanding the market value of the business and identifying ways to increase its worth before selling or transitioning.Sale of Business: Developing a strategy for selling the business to the right buyer, ensuring that all legal and financial aspects are addressed.Transfer of Ownership: Helping to transfer ownership smoothly to family members, partners, or other individuals, including structuring the transaction for tax efficiency.3. Asset ProtectionFor seniors, protecting both personal and business assets is a top priority, especially when transitioning ownership. Martella Law provides legal guidance on safeguarding assets against liabilities, creditors, and other potential risks. The firm works with seniors to set up asset protection strategies, including:Creating Trusts: Utilizing trusts to protect personal and business assets from creditors or potential lawsuits.Insurance: Recommending appropriate insurance coverage for the business and personal assets to ensure protection during and after the transition.Legal Structure of the Business: Advising on the most effective legal structure for a business (LLC, corporation, etc.) to protect assets and minimize personal liability.4. Tax Planning and StrategiesSeniors planning to transition their business need to carefully consider the tax implications of the sale, gift, or transfer of business assets. Martella Law works with seniors and their financial advisors to create tax-efficient strategies that help minimize tax liabilities during the transition process. This includes:Tax Considerations for Selling or Transferring Ownership: Helping seniors navigate the tax implications of selling their business or transferring it to a family member or partner.Estate and Gift Taxes: Advising on strategies to minimize estate and gift taxes when transferring ownership to heirs or beneficiaries.Maximizing Deductions: Identifying tax deductions and credits that may be available to seniors during the business transition process.5. Healthcare and Legal PlanningIn addition to business matters, healthcare and legal planning are essential for seniors during a business transition. Martella Law helps seniors integrate healthcare planning with their business and estate plans to ensure that their healthcare decisions are in place should they become incapacitated. This includes:Advanced Directives: Ensuring that healthcare decisions are documented and respected should the business owner become incapacitated.Powers of Attorney: Setting up powers of attorney for both healthcare and financial matters to ensure that someone trusted can make decisions on the individuals behalf.Long-Term Care Planning: Developing strategies to plan for potential long-term care needs without jeopardizing the business or personal finances.How Martella Law Simplifies the ProcessNavigating the complexities of business planning and transition can be a daunting task for seniors. Thats where Martella Law steps in, offering comprehensive legal support, strategic advice, and personalized solutions to ensure smooth transitions. By working closely with seniors and their families, Martella Law helps create customized business plans that align with their long-term goals and ensure that their business is protected and well-positioned for the future.The firms attorneys are experienced in handling all aspects of business planning, from succession planning and exit strategies to asset protection and tax planning. With Martella Laws assistance, seniors can rest assured that their business transitions will be executed with care, precision, and foresight.ConclusionFor senior business owners, careful planning and consultation are crucial when transitioning their business or stepping into retirement. Martella Law provides expert legal guidance and practical solutions to help seniors navigate the complexities of business planning and ensure that their personal and professional affairs are properly handled. With a focus on succession planning, exit strategies, asset protection, tax efficiency, and healthcare planning, Martella Law ensures that seniors can transition smoothly into the next phase of life with confidence and security.If you are a senior business owner looking to plan for the future, contact Martella Law today to discuss your business planning needs and ensure that your business transition is as smooth and successful as possible.