Debra Simms - Simms Law Firm

Some Common Misconceptions About Estate Planning

I am not rich so I don’t need an estate plan
Everybody knows what I want, so why do I need a will?
Minimizing taxes is one of the most important goals in developing an estate plan.
My spouse and I have been separated for many years, but haven’t bothered to get a divorce. I am not going to leave him/her anything.
My significant other and I have been living together for many years and I want him/her to inherit everything I have.
I have a simple will that takes care of all my concerns and that is all I need.
I have got a trust and that takes care of everything.

Here’s a checklist to help you deal with these concerns:

Review your will or trust to make sure it remains consistent with your wishes.
Check your medical directive and financial powers of attorney to insure that they remain consistent with your wishes.
Review your beneficiary designations.
What about your pets?
Do you have specific wishes for a funeral and burial?

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

This blog post is not case-specific and is provided only for educational purposes and is not intended to provide specific legal advice. Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Of the over 200,000 Americans who have died unexpectedly from COVID-19 in the past 7 months, most of them were likely not planning for a sudden death. According to caring.com, “fewer than half of those 55 and older had completed estate-planning documents. The number one reason being they “haven’t gotten around to it.”

However, the concerns surrounding COVID-19 has led to a “boom” in estate planning. Estate planning checklists have begun to appear online to provide guidance on planning for life before and after death.

If there is one thing to take away from the risks of the Coronavirus, it is the importance of estate planning. Procrastination poses a risk that will go unnoticed for years if not checked. Keeping your will and living will updated is necessary in order to be prepared to die.

Being prepared to die and being ready to go are not the same thing, of course. However, you can never be ready to go if you are not prepared to die; through end-of-life planning, you can get there.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

UPDATING YOUR WILL AS LIFE CHANGES

If COVID has taught us anything, it is that life is unpredictable and things are constantly changing. Due to the ever-changing aspects of life, you should update your estate plan as your life situation changes.

Below are a few life events that may spur a change or at least a review of your estate plan:

Children, grandchildren, & dependents
- Have you had children or have your children had children?
- You may need to add or remove beneficiaries based on the children being born or even dying.
- You must also consider college funds and other accounts similar in nature.
Changes in assets and ownership
- Have you acquired new properties?
- New or old businesses?
Gifts and Donations
Home and Health
Changes in-laws
- have changes already occurred
- are they expected to change?
Marital status

This is not an all-inclusive list but it will get you started on thinking about those life changes that you need to think about and redo your estate plan!

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

‘No Intubation’: Seniors Fearful Of COVID Are Changing Their Living Wills

For older adults contemplating what might happen to them during this pandemic, ventilators can be terrifying.

These machines pump oxygen into a patient’s body while he or she lies in bed, typically sedated, with a breathing tube snaked down the windpipe.

Older COVID patients often spend long periods of time on ventilators. If they survive, they’re likely to be extremely weak, suffering from delirium and in need of months of ongoing care and physical rehabilitation.

For some seniors, this is their greatest fear: being hooked to a machine, helpless, with the end of life looming. For others, there is hope that the machine might pull them back from the brink.

Advance directives and living wills can address these concerns. Such documents can state if you want to be placed on a ventilator, and if so, for how long. Language such as: “give a ventilator a try, but discontinue it if improvement isn’t occurring” or: “give me high-flow oxygen and anti-biotics, but not a ventilator” is perfectly legal.

But, remember, you need to do this in writing and the document needs to be witnessed. And, you need to do this before you become ill – you won’t be able to communicate your concerns or execute documents once you become seriously ill.

The Law Office of Debra G. Simms has created a Living Will for COVID. But, don’t wait until it’s too late.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

Have you had “The Talk” with your loved ones?

Many of my clients are concerned that their elderly parents do not have an adequate estate plan. They tell me that their folks are private or just don’t want to talk about death.

Here are some tips to help you talk to your elderly parents:

Don’t ask them if they have a Will – ask them if they have made a “plan”. This sidesteps the emotional and uncomfortable topic of “who gets what when they die”.
Ask them to identify the people they deal with: attorney, financial planner, accountant, insurance brokers.
Who do they want to be appointed to take care of their affairs if they get sick or pass away? This will lead to talks about the Will, Power of Attorney, etc.
Ask about insurance policies. Do they have life insurance? Long-term care insurance? Many an adult child has paid for long term nursing care not knowing there was adequate insurance in place!
Discuss end-of-life wishes. This topic is always emotional but will lead to a discussion of a Living Will – the document that will ensure that your parents are not kept alive artificially even though there is no hope of recovery. Do they want to be cremated? Donate organs? What kind of memorial service do they want?

These conversations will likely be tough and emotional no matter what strategy you use, but “The Talk” is key to ensure an effective estate plan.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

Common Mistakes in Estate Planning

Do you think that you do not need an estate plan because all your bank accounts are POD (Payable on Death) and your IRA has a beneficiary? You could be very mistaken.

What about your house? Your cars? What if one of your designated beneficiaries dies or is incapacitated?

And what about the cost of Probate? Without an estate plan, your assets can be depleted by the expenses of the Probate Court.

But, even if you already do have an estate plan, mistakes can be made if:

You do not update your beneficiaries and legal representatives after marriage, divorce, the birth of a grandchild, or other big life events.

You do not keep documents organized and able to be easily located.

You change your mind about your estate plan, but do not revise your estate planning documents.

An estate plan requires thought and action – now is the time to seek the services of Estate Planning Lawyer.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

Estate planning is the process of designating who will receive your assets and handle your responsibilities after your death or if you become incapacitated.

Do you have a complete estate plan? These documents include:

Advance medical directives that spell out your wishes for medical care if you are unable to make decisions for yourself. This includes a Health Care Power of Attorney and Living Will.
A durable financial power of attorney allows someone else to manage your financial and legal affairs if you are medically unable to do so.
A will lists your beneficiaries and names an executor for your estate.
A living trust might be appropriate for you. Upon your death, the trust assets transfer to your designated beneficiaries, bypassing probate which is the court process that may otherwise distribute your property.
Beneficiary Designations. Another essential part of your estate plan includes a careful review of your designated beneficiaries on your retirement accounts and insurance policies. The named beneficiaries outweigh what is in your will and trust. Make sure the right people inherit your assets.

And do not forget to revisit your estate plan when your circumstances change, for better or for worse. This may include a marriage or divorce, birth of a child, loss of a loved one, getting a new job or being terminated. Life changes. So should your estate plan.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

Will I Get To Spend Time With My Child If We Get Divorced?

Your relationship with your child is very important, not only for you and the child, but that relationship is important to the Judge, representing the interests of the state of Florida.

Florida courts strive to make sure your child spends as much time as possible with each parent. The Court has wide discretion to consider the work schedule of each parent, the schooling of the child, and even the travel time required for time-sharing, among other factors.

In many cases, Florida courts are now awarding a 50/50 time share split with equal sharing of most parental responsibilities.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

I’ve Lost My Job: Am I Going To Have To Pay Child Support?

We are now living in a pandemic with all its terrible economic consequences. Significantly, many businesses are having to cut back their workforce, and worse, some businesses are closing their doors.

If you have lost your job, it does not necessarily relieve you from child support payments. Your obligation doesn’t automatically stop even though you may have reduced or no income. You need to petition the Court to modify your support obligation. This will likely be easier in the aftermath of this unprecedented time.

The child support statutes do allow for modification due to economic hardship. But, remember, you have to ask.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

My Wife Says She’s Going To Leave Florida And Take Our Kids

In Coronavirus times many divorced parents to want to flee, with their children, perhaps to their hometown, or to their parents’ home, or the like. But, be careful before you make such a threat. The law is probably not going to be on your side.

Florida has a genuine interest in your children and their well-being. This includes the right they have to be with both parents. So, in the absence of a specific agreement between the parents, the Court will be reluctant to let one parent take the children, and can even order the return of the children to their Florida home.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more. We are currently offering free consultations via video conference to assist you with your needs.

Contact Us

Port Orange Office:
Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
Local: 386.256.4882
Toll Free: 877.447.4667

New Smyrna Beach Office:
817 E. 7th Ave
New Smyrna Beach FL, 32169
Local: 386.256.4882
Toll Free: 877.447.4667