Some Common Misconceptions About Estate Planning

  1. I am not rich so I don’t need an estate plan
  2. Everybody knows what I want, so why do I need a will?
  3. Minimizing taxes is one of the most important goals in developing an estate plan. 
  4. 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. 
  5. My significant other and I have been living together for many years and I want him/her to inherit everything I have. 
  6. I have a simple will that takes care of all my concerns and that is all I need. 
  7. I have got a trust and that takes care of everything. 

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

  1. Review your will or trust to make sure it remains consistent with your wishes.
  2. Check your medical directive and financial powers of attorney to insure that they remain consistent with your wishes.
  3. Review your beneficiary designations.
  4. What about your pets?
  5. 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 Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Can You Sue Someone If You Get Coronavirus?

Many cases have been successfully brought concerning the transmission of viruses or infectious diseases, including during a pandemic. Past lawsuits pertaining to Ebola, Swine Flu and HIV/AIDS, and can serve as an indication of whether you can sue a person or business if you contract the novel coronavirus – COVID-19.

California courts have ruled that suits regarding the negligent transmission of sexual diseases, such as the HIV/AIDS virus, can proceed if the infected person knew or should have known he or she had the virus.

Some states have criminalized the transmission of HIV/AIDS.

A Texas court held that it would be possible for a husband to sue for his wife’s contraction of the HIV/AIDS virus.

And recently, the Supreme Court of Texas heard a case involving a claim brought under the Texas Medical Liability Act. A nurse who cared for a patient infected with Ebola went to Ohio to shop at a bridal shop. Once she returned to Dallas, she became ill and was later diagnosed with Ebola herself. The bridal shop claimed the hospital where the nurse worked was negligent for failure to prevent transmission of the Ebola virus to the nurse. The case was dismissed on procedural grounds so it remains unsettled whether such a claim could be successful.

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.

The Most Important Legal Document for the Coronavirus – the Durable Power of Attorney

We never want to think about getting sick.  But, most of us are thinking about it all the time now.

If you become ill or incapacitated and need someone to take over your finances, the most important document to have is a fully executed Durable Power of Attorney.  This document will enable someone you trust to take care of your financial affairs if you fall ill.

It is not enough to prepare documents using online forms.  These generic forms may not work and may not suit your specific needs.  And most importantly, in order to be valid, they must be properly signed, witnessed and notarized. 

Extreme times call for extreme measures. 

The Law Office of Debra G. Simms has implemented such measures.  Our office space has been reconfigured to allow for social distancing to meet with clients.  We are here to help.

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.

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