Debra Simms - Simms Law Firm

From the New York Times:

Sisters Joslin Roth and Darci Bernard realized years ago that there was a need in Seattle for pet death care. Ms. Roth says that “you could do stand-up paddleboard yoga with your dog but couldn’t visit a death care provider.” So in December 2016, the pair opened Resting Waters in West Seattle where they offer their clients aquamation, a water-based alternative to flame-based cremation.

Jerry Shevick, a former television executive, knew that the pet industry as a whole increases every year. Understanding this fact as well as the knowledge that owners want to care for their furry loved ones as they would a child or family member, he started Peaceful Pets Aquamation in Newbury Park, California, in 2013. He offers the service because of the decreased carbon footprint, stating that aquamation “really uses the same components that natural decomposition uses. With people paying attention to climate change, it’s becoming more interesting to people as well.”

The pet death industry is not yet as regulated as human funeral services. Occasionally, though, someone seeking to open an aquamation facility will have difficulty convincing wastewater-treatment officials that the process is sufficiently pure. Nearly 20 states that have recently legalized aquamation as a means of dealing with human corpses including Washington and California… (and Florida!)

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

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 Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Can’t make the funeral on time? LIVESTREAM!

When a person’s death happens suddenly, family and friends from different places cannot manage to be at their loved one’s funeral. And some religious practices dictate that a funeral be held within 24 hours.

Some funeral chapels now feature a new amenity: live-streaming the service so others can watch, and even uploading a recording of the funeral onto the online obituary.

Bryant Hightower, the president-elect of the National Funeral Directors Association, says that live streaming funeral services has been around for more than a decade but has just now become more mainstream. The funeral industry is often hesitant to any change, but Hightower says that now approximately 20% of funeral homes now offer the service, much to the delight of clients.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

Good News! It’s cheap to die in Florida!

A recent Fox News report quoted a list of the 10 most expensive states to die in after figuring the median out-of-pocket funeral costs and median end-of-life medical care in each of them. It is not surprising that the two of the most expensive states to live in – California and New York – are also in this list.

The top 10 states that will cost more to die in are, from least to most:

Rhode Island
- Average funeral expenses: $9,269
- Average end-of-life medical costs: $16,398
New Jersey
- Average funeral expenses: $9,712
- Average end-of-life medical costs: $17,181
Connecticut
- Average funeral expenses: $9,914
- Average end-of-life medical costs: $17,538
Maryland
- Average funeral expenses: $10,069
- Average end-of-life medical costs: $17,812
Alaska
- Average funeral expenses: $10,084
- Average end-of-life medical costs: $17,840
Massachusetts
- Average funeral expenses: $10,216
- Average end-of-life medical costs: $18,073
Oregon
- Average funeral expenses: $10,418
- Average end-of-life medical costs: $18,430
New York
- Average funeral expenses: $10,799
- Average end-of-life medical costs: $19,103
California
- Average funeral expenses: $11,777
- Average end-of-life medical costs: $20,834
Hawaii
- Average funeral expenses: $14,975
- Average end-of-life medical costs: $26,492

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

What is a Charitable Bequest?

A charitable bequest is simply a distribution from your estate to a charitable organization through your last will and testament or trust. There are different kinds of bequests. For each, you must use very specific language to indicate the precise direction of your assets and to successfully carry out your final wishes.

In any charitable bequest, it is important to name the recipient accurately or your bequest may go to a charity you did not intend.

If you want your charity to use your gift is a certain way, you must also specify the purpose of your bequest.

You do not need to be wealthy to make a charitable bequest. A small gift is of value to all charitable organizations.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

Should you give copies of your Will and other estate planning documents to your children and to the Personal Representatives of your estate?

For some people, their estate planning documents are as private as their income tax returns, and nobody is ever given copies. For other people, estate planning documents are no different than a spare key to the house, and every family member and Personal Representative and/or trustee named in the documents are given a copy.

If you are the type of person who values your privacy, who does not especially trust your children, Personal Representative, or trustee, or if you have written a Will or trust which does not treat all the children equally, then it may not be a good idea to hand out copies. Also, you may have more money than your children expect, and depending on how your Will or trust is written, giving them a copy may be letting them know too much about your personal business.

On the other hand, if you have a fairly open relationship with all your children, you regularly discuss finances with them, and you are leaving your estate to them in equal shares, then go ahead and give everyone a copy. Of course, if you decide to change your Will or revocable trust, you should be sure to give all the same people copies of the new documents. If you don’t, then there may be some arguments following your death over which document controls the disposition of your estate.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

The best place to keep signed original estate planning documents

The best place is probably in a safe deposit box because it will protect the documents from theft, fire, accidental loss, and most other types of damage or harm. A potential problem, though, is getting it opened after your death.

If you decide to keep your estate planning documents in a safe deposit box, consider naming a family member or your Personal Representative or trustee as a joint holder on the box. That should simplify matters following your death because someone will be able to get into the box without delay.

Another place to keep your original estate planning documents is with the attorney who drafted them. However, I have decided not to retain original documents because of concern over theft, fire, flood, storms, or other loss of the document. It would also be prohibitively expensive to store hundreds or thousands of original documents. Also, what would happen if I were to die or my law firm was to cease operations?

Many people keep their original estate planning documents at home in a secure place. If you have a safe at home, that can be a good place to keep them. Be aware though, when thieves enter your home and discover a locked safe, they often take the whole safe thinking they’ll find cash and jewelry. The last thing they want is a file containing your estate planning documents, but that’s one of the things they’ll get if you keep them in your safe. Therefore, unless your safe is bolted to the foundation of your house, it may not be the best place to keep your originals.

More people than you would expect keep original Wills and other estate planning documents in an air-tight plastic bag at the bottom of their freezers. Freezers are well insulated and heavy and have a way of withstanding fires, hurricanes, and tornadoes. Also, they don’t die or move away, and they are stolen far less frequently than in-home safes.

Most importantly, make sure your designated representative knows where they are!

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

Like a Will, a living trust provides for distributions of an asset to named beneficiaries. Unlike a Will, however, a living trust avoids the probate process- which can be lengthy and expensive- and a trust is shielded from public inspection. For this reason, a living trust is often used to complement a Will, with select assets being transferred to the trust.

If you already have a living trust, remember that changes in your circumstances may dictate revisions to your trust. Typically, after reviewing this document, you may decide on a reallocation of assets. The trust may also be affected by a sale or purchase of property. In addition, you may want to change the named Trustee. Make sure you are comfortable with the current terms.

And don’t wait until it’s too late. If you later suffer from a disability that affects your thinking, such as a stroke or dementia, it will be too late to make these changes.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

Do You Have a Will?

A Will is the primary legal document for determining how your assets will be distributed and what would happen to your minor children on your death. But you can’t just place your Will in a fire safe box and forget about it: Review and update it regularly to reflect changes in your personal circumstances as well as other events.

For instance, you might add to or subtract from the list of beneficiaries, possibly because of births of children and grandchildren and marriages or divorces of family members. Or, you might want to replace the Personal Representative (Executor) you initially named in the Will. Also, your Will may need to be amended if and when significant tax reforms are passed.

And remember, don’t wait until it’s too last. You will no longer be able to change your Will if you are suffering from a disability that affects your thinking, such as a stroke or dementia.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

Why Seniors Should Not Share a Joint Bank Account with an Adult Child

Case Study: 85 year old Mom comes to see me because she received a notice from her bank that her entire savings account is frozen. There is a court judgment against her by VISA credit card. Mom does not have a Visa account. Grown-up son does. Mom put grown-up son on her bank account so he could “take care of her” if she got sick. What Mom didn’t know is that she made HER money now her son’s money, too. What Mom also did not know is that son did not pay his Visa credit card.

Beware seniors: you might think that by putting your child’s name on a bank account (or home) you are saving a trip to the lawyer’s office. Why do you need a power of attorney or will if your child is already on the account?

As you can see by the illustration above, adding a child to a bank account may expose the parent’s hard earned money to that child’s creditors.

Another reason not to take this short cut, if the child is married, and then gets divorced, YOUR money is his money and is subject to division in the divorce.

Need another reason? For even the best intentioned child, the temptations of money may be too great. Maybe they have an alcohol or drug issue? Maybe they need to pay off debts. The child may feel that there is no true harm by taking some money “early”.

Think again, Mom. Keep your money safe.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

Do You Have a Living Will?

Clients come to my office to talk with me about planning for incapacity and death. These are hard conversations to have, even in an elder law attorney’s office.

Of all the documents that I prepare, the Living Will, gives my clients the most trouble.

This document, a dying declaration, states what kind of end-of-life care you want when there is no medical probability of recovery. Most people do not want to be kept alive artificially.

But what does that mean? Do you want a feeding tube? Hydration? Blood transfusion? How far are you willing to go? And what about dementia? Do you want to be force fed when you no longer have hunger or the ability to feed yourself?

And who should be your advocates or decisions makers? A family member (who might not be willing to let you go) or a medical person that you trust?

Knowing your legal rights and putting them in writing will help ensure that your wishes are met.

An elder law attorney can help guide you through this difficult conversation.

Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

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Prestige Executive Center
823 Dunlawton Ave. Unit C
Port Orange, FL 32129
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