WHY PLAN FOR THE UNPREDICTABLE?

People typically don't prepare for much.  They have this attitude of'I'll just wing it'. However, when there is an imminent threat, all those laid back people turn into the ultimate preppers.

Fear placed inside of someone truly fuels the fire and gets the person up and in motion. With the recent passing of Hurricane Irma, everyone's life has been turned upside down for almost two weeks now.

With the unpredictability of Hurrican Irma's path, it was advised that PLANNING was the only way to get through this historical beast of a storm.  We had the news stations airing 24/7 hurricane coverage for nearly a week- that has to say something.

Once the news made it clear we were in the path of destruction, it was every man for himself to get prepared! Long lines at gas stations to fill up gas tanks for cars and generators. Long lines at the grocery store to stock up on non-perishable items (especially water and as much junk food as they can fit in their shopping cart) Long lines to pick up plywood, batteries, fans, etc.

Thankfully at the last minute, Hurricane Irma changed it's path and our city was not directly hit. However our fortune was some other town's misfortune. Sadly, that's how life tends to work out.

Although you cannot determine the exact path and overall impact of a hurricane, the fact of the matter is, that if you failed to prepare for the storm and the aftermath you would be in much worse shape once all is said and done.

Estate planning is the way we plan for the future that is unpredictable just like that of a hurricane.  Fortunately and unfortunately, we as humans are the only animals that know we are going to die, yet we do not know when or how it will happen.

We do not have a tracker that holds the potential future paths our lives might take. Therefore, you do not know if and when (or if at all) you will become incapacitated. You do not know if your 'adult children' who just went away to college will act recklessly and need their parents to step in and help them out.  (A parent can not make legal decisions for a child that is over 18, because at that time they are an adult in the eyes of the law).

Estate planning allows you to prepare for the unpredictability of what we call life. It is not fun to think about, but it is a reality. Preparing for your incapacity and passing not only will bring you peace of mind, but it will also make things easier on your loved ones who survive you and have to handle your affairs when you are gone.

Through effective estate planning, you have the ability to name who will make financial and medical decisions on your behalf if you become incapacitated.  You have the ability of naming who will or will not receive from your estate once you pass away.  Have no fear-if you chose to do nothing, the State of Florida will 'plan' for you.  There is a good chance that the State of Florida's plan will not be what you would have wished for yourself and your loved ones.

Start your estate planning today so you can have peace of mind that your wishes are known for the future.

Call The Hershey Law Firm at (954) 303-9468 today for your free consultation to learn more about being prepared for your future.

Remember: You Can't Predict The Future But You Can Plan For It.

WHEN THE SUNSHINE FADES, WHO WILL REMAIN?

When you are healthy you feel invincible, independent and less likely to feel sympathy for those that are ill. When you are healthy you go about your daily life; you work out, see your friends and family, enjoy the beautiful weather and ultimately just live.  

However when you become ill, life stops and you begin to view life through a different lens. Everything and everyone continues to move around you at their regular pace, and you are left by yourself to deal with your own misery. You might have some friends and family 'check in' on you, but the reality is, you are left to deal with the pain and the slow process of getting better all by yourself. 

It is not that your friends and family don't care about you, it's just that as humans, it is hard to put your life on hold to care for another when you yourself are healthy and have things you wish to do. Caring for another is somewhat a subconscious inconvenience. 

What if it is not simply a common cold, but something more severe where you require assistance from others on a more permanent basis. For instance, you are incapable of 2 daily acts of living and require the help of a caregiver. Or worse, you have become mentally incompetent to care for yourself. 

Don't assume that your spouse, your parents, or siblings will fill this role of caretaker for you (although you hope they would)  The reality is, just because life has stopped for you because of your illness, if they are healthy and able bodied they still have their own life to live and worry about.

This is why it is so important to make sure you have your Advanced Directives in place while you are healthy and able to make the decision for yourself. That includes your Durable Power of Attorney, Healthcare Surrogate and Living Will. You can even go so far as taking the burden away from your loved ones, by having a Long Term Care Insurance policy.

“Love me when I am healthy, but love me more when I am ill. Those that remain when the sunshine fades are the ones I want in my world”

Durable Power of Attorney: Name someone to manage your financial affairs either immediately or in the future should you become unable to do so yourself. 

Healthcare Surrogate: Name someone to act on your behalf if you become unable to make medical decisions for yourself.

Living Will: Document that will state how and if you want to prolong your life if you fall into a vegetative state

Long Term Care Insurance: Long-term care is care that you need if you can no longer perform everyday tasks (activities of daily living) by yourself due to chronic illness, injury or the aging process.  Long-term care is not only for the elderly. A large percentage of people receiving long-term care are under the age of 65.

“Caring for another is somewhat a subconscious inconvenience ”

You need to have an open discussion with whomever you wish to fill those roles and make sure they want to take on that responsibility for you. 

If you live in Miami-Dade, Broward, or Palm Beach contact an experienced estate-planning attorney at The Hershey Law Firm, in Fort Lauderdale, Florida, at (954) 303-9468 to discuss your estate planning needs.

REMEMBER: You can’t predict the future, but you can plan for it.
 

I WISH I COULD RECORD MY DREAMS AND WATCH THEM LATER

Do you ever wake up in the morning and you can vividly remember the details of a crazy dream you just woke up from? Then you get out of bed, start your day, drive to work, and make a few phone calls. By the time you get to work and want to tell your best friend about your dream, you realize you can't remember what the dream was even about. 

The dream obviously had some meaning to you, but without it being written down, it just slipped through your fingers and *poof* no longer exists.

“You may not be able to record your dreams and watch them later, but you can record your wishes and your loved ones can watch them fall into place when you are gone.”

 

People always say that they are 'thinking' about the perfect estate plan. They have it written in their head but it's not quit ready to be written down on paper.  They feel that once they have  come up with the perfect plan, they will write it down. Until then, ehh, it can wait for a rainy day.

Don't delay- start today. You may have forgotten what you want to happen.

What should an estate plan consist of in South Florida?

Last Will & Testament: State your final wishes regarding who will receive or who will not receive from your estate, name guardians for your minor children, state directions regarding organ donation and burial.

Revocable Trust (Living Trust): In depth document that will state your final wishes. You are able to place stipulations and retain control of your assets during your lifetime. 

Durable Power of Attorney: Name someone to manage your financial affairs either immediately or in the future should you become unable to do so yourself. 

Healthcare Surrogate: Name someone to act on your behalf if you become unable to make medical decisions for yourself.

Living Will: Document that will state how and if you want to prolong your life if you fall into a vegetative state

REMEMBER:  Your estate plan will never be perfect. Stop using the excuse that you will start planning once you know exactly how you want it written. There are so many moving parts in your life, that your estate plan will be consistently changing.

However, if nothing is written down, your wishes will not be known to your loved ones.

You may not be able to record your dreams and watch them later, but you can record your wishes and your loved ones can watch them fall into place when you are gone.  

If you live in Miami-Dade, Broward, or Palm Beach counties it is time to start discussing with loved ones their estate planning needs. You can’t predict the future, but you can plan for it.

Contact an experienced estate-planning attorney at The Hershey Law Firm, in Plantation, Florida, at (954) 303-9468 to discuss your estate planning needs.

Let's Talk About Wills Baby

Let's Talk About Wills Baby. Let's Talk About Your Money. Let's Talk About All The Good Things and The Bad Things That Could Be. Let's Talk About Wills.

Ok, now stop singing and let's get serious.

What are the benefits of a will?

·      Easy to establish

·      Less expensive to establish

·      Governs the distribution of your assets upon your death

·      States who will be the guardian of your minor children or special needs children

·      States your wishes to be buried or cremated

·      Ability to be updated/amended at any time

“It does not govern assets held jointly or those that you designate a beneficiary”

What are things to consider with a will? 

·      Must go through probate

·      Does not address incapacity

A will is your strategy for distributing your assets upon your death. It applies only to assets that are held in your individual name. It does not govern assets held jointly or those that you designate a beneficiary. A will does not prevent probate. When you die,  the Judge reviews the will to determine if it is valid. Once the will is validated, the Judge will grant powers to the executor to collect and manage your assets and distribute your property to beneficiaries after creditors and taxes are paid. Make sure you pick someone you trust to carry out your final wishes.

One thing to keep in mind, a will is the only documents that can designate guardians whether it’s for a minor child or a special needs child.

A will does not address incapacity issues. In addition to having a will, everyone should have his or her advanced directives. That includes your Durable Power of Attorney, Healthcare Surrogate and Living Will. Those 3 documents specifically address incapacity.

If you live in Miami-Dade, Broward, or Palm Beach county contact an experienced estate-planning attorney at The Hershey Law Firm, in Fort Lauderdale, Florida, at (954) 303-9468 to discuss your estate planning needs. You can’t predict the future, but you can plan for it!

Schools Out For Summer

Schools Out For Summer. If you are able to say that without singing Alice Cooper's version, you are a better man than I.

It is the three (3) months of the year that college kids get into a little (or a lot) of trouble. No real responsibilities, young summer love, and lots of traveling.

Since you can't stop your 'children' from making bad decisions, make sure they are prepared in case they do.

If you have 'children' between the ages of 18 and 24 make sure they have a Durable Power of Attorney, Healthcare Surrogate and Living Will prepared in case of an emergency. Without these documents, parents and loved ones are helpless.

Durable Power of Attorney:

Name someone to manage your financial affairs either immediately or in the future should you lack the capacity to do so yourself.

Healthcare Surrogate:

Name someone to make medical decisions on your behalf if you are unable to make them yourself.

“Since you can’t stop your ‘children’ from making bad decisions, make sure they are prepared in case they do.”

Living Will:

Document that will state how and if you want to prolong your life if you fall into a vegetative state. 

If you live in Miami-Dade, Broward, or Palm Beach contact an experienced estate-planning attorney at The Hershey Law Firm, in Fort Lauderdale, Florida, at (954) 303-9468 to discuss your estate planning needs. You can’t predict the future, but you can plan for it.

We Are Husband And Wife Joined In Holy Matrimony As One (Sort Of )

Couples are under the impression that when they get married, they are joining together as husband and wife creating a unity. This is sort of true, but legally, it’s not the case.

What if you wanted to access your spouse’s IRA accounts? You would need to gain permission from your spouse, which is simple enough if your spouse is competent and able to give verbal or written permission.

What happens if your spouse is incapacitated and unable to properly give their permission? Martial rights do not give you the legal right to handle your spouse’s financial affairs. Simply stated, you cannot show up and say “I am his wife”. That does not give you the permission necessary to handle your spouse’s financial affairs.

What does give you that permission though, is a durable power of attorney, which is effective as soon as it’s signed. This legal document will give your spouse (or whom ever you choose to designate) the authority to handle your financial affairs and many other specific matters.

“Martial rights do not give you the legal right to handle your spouse’s financial affairs. ”

In Florida, whether you are married or single, it is important to prepare a Durable Power of Attorney to give someone else the authority to handle your affairs if you are no longer capable. Please keep in mind, that this document needs to be prepared before you are unable to make your own decisions. Otherwise, a guardianship (legal process) would have to be opened in order to allow someone else to make decisions for you.

If you live in Miami-Dade, Broward, or Palm Beach counties it is time to start discussing with loved ones their estate planning needs. You can’t predict the future, but you can plan for it.

Contact an experienced estate-planning attorney at The Hershey Law Firm, in Fort Lauderdale, Florida, at (954) 303-9468 to discuss your estate planning needs.

Being A Trustee Is Not Just A Good Deed, You Receive “Reasonable” Compensation

You are named the trustee of a family member’s trust in South Florida. Your first reaction is, why me? Your second reaction is,: how much work is involved?

Many people choose to be their own trustee and continue to manage their affairs for as long as they are able. A successor trustee is named to step in and manage the trust when the trustee is no longer able to continue (usually due to incapacity or death).

The trustee has a very important role, to safeguard assets for others; for the grantor (if living) and for the beneficiaries, who will receive them after the grantor dies. The trustee essentially “manages” the estate.

“In Florida, trustee compensation is determined by the terms of the Trust, then by what is reasonable under the circumstances. ”

A trustee will be compensated for their services.  Trustees are not entitled to compensation simply by virtue of their appointment as trustee, but they must provide a service and/or benefit that are supported by adequate proof.

In Florida, trustee compensation is determined by the terms of the Trust, then by what is reasonable under the circumstances.  If the terms of the Trust do not specify the trustee’s compensation, the amount will depend on the type of trust administration which will be required.

The probate court may allow more or less compensation if:

(1) Duties of the trustee are substantially different from those contemplated in the trust.

(2) Compensation specified in trust would be unreasonably high or low.

(3) If trustee has rendered services in connection with the administration of the Trust, the trustee shall also be allowed reasonable compensation for other services rendered in addition to reasonable compensation as trustee.

It is an important to decision to decide who will be named a trustee for your trust. Speak with an experienced estate-planning attorney in South Florida to help advise you.  Contact The Hershey Law Firm, (954) 303-9468, located in Fort Lauderdale, Florida for your estate planning needs.