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Estate planning simply allows you to decide who will or will not receive from your estate when you are gone. Of course there are more complex issues surrounding estate planning, but for this moment, we are just going to focus on this one issue; beneficiaries.

A beneficiary is any person who gains an advantage and/or profits from something. You can be the beneficiary of someone's kindness, the beneficiary of a good education, or even the beneficiary of your own hard work.  When it comes to estate planning, you can be the beneficiary of an estate plan and receive money passed down from a loved one.

There is no black and white rule that says you must make your family members your beneficiaries of your will. Yes it is true, you cannot entirely disinherit a spouse, but if you were planning to do that, why are you even married to that person?

If your children did not treat you right while you were alive, why hand them a stack of cash that you worked so hard to receive and allow them to enjoy the fruits of your labor when you are gone?

If you fail to plan or if your plan is invalid because you thought you would save a few dollars by drafting your own documents, you will pass away 'intestate' and the state will decide who will receive from your estate based on Florida Statutes.

With proper estate planning, you can name specific beneficiaries to receive from your estate. If you want to leave everything to charity, go for it. If you want to leave $1.00 to your brother to annoy him from your grave, go for it. If you want to treat your children differently and give them different amounts, go for it.

Be sure to be specific when drafting your estate planning documents to avoid challenges to your will. Challenges to wills by distant relatives are so common that lawyers have a nickname for those people: "laughing heirs"- as in they will be laughing all the way to the bank if their challenge succeeds. People tend to come out of the woodworks and believe that they're closer than they are and should have some claim.  

There is no need to worry about a guilt trip when you are gone. Remember, you are GONE. Do not worry about how you will make a family member feel when they realize they are not a named beneficiary in your estate plan.  Be selfish, do what you feel is right inside, not what you think others would expect of you.

To avoid challenges to your will and make sure the right beneficiaries receive from your estate, you will need to work with an experienced estate planning attorney.

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

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

Beneficiary Designations: More Important Than You May Think

In Florida, one of the simplest ways to ensure someone receives your assets, is to name a specific person as a designated beneficiary on your accounts. By law, beneficiaries (individuals or institutions) you designate for an account will receive assets in that account upon your death (avoiding probate).

What type of accounts allow a beneficiary designation?  

·      Retirement Accounts

·      Life Insurance policies

·      Annuities

In South Florida, it is important to name both a primary beneficiary and contingent beneficiary. The contingent beneficiary will receive the assets if the primary beneficiary predeceases you.

What type of account does not include a beneficiary designation?

Brokerage accounts do not include beneficiary designations, but you can complete a Transfer on Death (TOD) agreement to designate how your assets should be distributed.

“It is important to review your beneficiary designation regularly, especially when there is a life changing event (marriage, divorce, birth of a child, or death of a spouse)”

You must complete a separate TOD agreement for each single or joint account you have. A TOD agreement assigns beneficiaries, which helps you avoid the costs, delays and publicity of probate. Without the designation assigned to the account, the account would be subject to probate.

It is important to review your beneficiary designation regularly, especially when there is a life changing event (marriage, divorce, birth of a child, or death of a spouse). If you do not update your account beneficiaries, your assets could be inherited by someone you no longer wish to receive (ie. ex-spouse)

Keep in mind beneficiary designations trump what ever is stated in a will or trust. However, the will or trust can help direct how the funds will be distributed to the intended beneficiary. For instance, you might have a child who you do not trust with money, the will or trust will give instructions on how the money will be distributed to the child over a period of time so they don't spend all the money at once.

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.

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!

My Dog is Smarter Than Your Honor Student

You can not challenge the fact that families regard their 4-legged furry companion as a family member. There are “doggy spas” for dogs to relax and doggy day cares that pick up and drop of your dog in the morning and evening. After all, you want your dog to socialize during the day and not be sitting at home alone while you work.

If you live in Miami or Fort Lauderdale, it is safe to assume that you would want to take care of your animals when you pass away.  With the help of an estate planning attorney in South Florida you can do just that by preparing a Pet Trust.  Attorney Staci Hershey at The Hershey Law Firm, can help you with that. 

Under Florida Law Statute 736.0408 a Pet Trust is created to allow you to decide who will take care of your pet when you are no longer able to do so. The trustee will monitor the caretaker to ensure he or she provides the proper care. The caretaker will handle the day-to-day needs of your pet.

The trust should be funded with sufficient assets or property to care for your pet for its expected lifetime. You should take into consideration any medical conditions. Funds can be used for travel, food, vet care, insurance, toys, treats, pet sitting, recreational activities.

Under Florida law a pet is considered personal property and as such your pet must go through Florida probate just like a house or other personal assets.

Since probate is a long process it is important to create a document which provides for the care and needs of your pets. Most people prepare pet trusts for their dogs and cats but also for animals that may live 30 to 50 years after you pass away (turtles, birds). The trust is only allowed for named animals that exist at the time the Settlor is alive to be taken care of. Once the animals pass away, any remaining funds are distributed.

Joan Rivers once said, “Doggies are better companions than a husband because they didn’t leave the seat up!”

“Under Florida law a pet is considered personal property and as such your pet must go through Florida probate just like a house or other personal assets.”

If you wish to care for your pets and want to discuss the possibility of setting up a Pet Trust, call an experienced South Florida estate planning attorney.

Contact The Hershey Law Firm at (954) 303-9468 to schedule a free consultation to discuss your estate planning needs and concerns.