Will - Simms Law Firm

Many people ask me why they have heard that they should avoid probate.

Here is how the probate process works:

Probate is a legal process that wraps up a person’s legal and financial affairs after their death. During this court process, property is identified and inventoried. Also, during this process, outstanding debts and taxes are identified and paid.

Probate is a complex process filled with very specific legal requirements. Property cannot be distributed to beneficiaries until all these requirements are met.

The most common misunderstanding is that probate is not required if there is a Will. When a person dies with property in his or her sole name (no co-owner or beneficiary designation) there must be a probate – will or no will.

Probate can take a long time. I have handled probates that were open from 6 months to 3 years!

Probates are expensive. Legal fees and costs can depend on the size of the estate or the time it takes to complete the process. Even small estates can take a long time, depending on the circumstances.

Probate is a public process. Every document filed with the court is a matter of public record. Others can see how much the deceased left behind and how much each beneficiary received.

If you have concerns about the probate process, contact our office to learn how you can structure your assets to avoid this probate process.

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 Blog topics may or may not be updated and entries may be out-of-date at the time you view them

Essential Legal Documents for Unmarried Same-Sex Couples

Because unmarried same-sex couples are legal “strangers”, it is essential to have certain legal documents to protect each person’s interests and rights:

Domestic partnership agreement
Advance Medical Directive
Living Will
Durable Power of Attorney for finances
Co-parenting agreement (if no adoption by second parent)
Wills
Trusts
Nomination of guardian for adult and minor child
HIPPA (Privacy Law) authorization
Authorization for disposition of remains and funeral arrangements

These documents create the core of planning for unmarried same-sex couples.

Additionally, there might be estate or gift tax issues facing unmarried couples who cannot avail themselves to favorable tax treatment for married couples.

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

Same-Sex Couples (unmarried) Are Legal Strangers

Unmarried same-sex couples need to protect themselves and their partners from interference by other people, including family members. Here is a partial list of the areas in which unmarried same-sex couples are treated as legal strangers:

Burial or cremation
Claim to the body
Organ donation
Medical decisions regarding treatment and providers
Hospital and nursing home visitation
Child custody, support, and visitation
Wrongful death
Property division and support when relationship terminates
Inheritance

Also, Social Security and Veterans’ benefits are not payable to the survivor. And most pension and retirement plans restrict survivor benefits to a “surviving spouse”.

If you are in unmarried same-sex partnership, it is essential to create a life and estate plan.

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

Essential Legal Documents for Unmarried Same-Sex Couples

Because unmarried same-sex couples are legal “strangers”, it is essential to have certain legal documents to protect each person’s interests and rights:

Domestic partnership agreement
Advance Medical Directive
Living Will
Durable Power of Attorney for finances
Co-parenting agreement (if no adoption by the second parent)
Wills
Trusts
Nomination of a guardian for adult and minor child
HIPPA (Privacy Law) authorization
Authorization for disposition of remains and funeral arrangements

These documents create the core of planning for unmarried same-sex couples.

Additionally, there might be estate or gift tax issues facing unmarried couples who cannot avail themselves to favorable tax treatment for married couples.

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

Problems With Probate

What is Probate?

Probate is the legal process that wraps up a person’s legal and financial affairs after their death. During the probate process, property is identified and given a value. Outstanding debts and taxes are paid. It can be a complex process filled with very specific legal requirements.

If a person dies with a valid Will, the probate court must ensure that the person’s assets are distributed according to their wishes.

If a person dies without a Will, the probate court sees that the person’s assets are distributed according to the laws of the State.

Probate Process

Probate can take a long time – form months to more than a year.

Probate can be expensive. The attorney fees are usually calculated on the value of the estate, but legal costs can rise if there is real estate to be sold, the will is contested, or for a variety of other reasons.

Probate is public. The Will, Inventory, and other documents are filed in a public court. Many of these documents can be viewed by the public.

Avoiding Probate

Assets can be structured so they may not have to go through probate in order to be distributed to your beneficiaries. Here are some of the ways:
Jointly held property
Death benefits from life insurance
Retirement accounts with a named beneficiary
Assets with a payable on death designation
Property held in Trust

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

TEN REASONS WHY YOU SHOULD HAVE A WILL

Write a Will or the State of Florida will write one for you. With a Will, you choose your beneficiaries and dictate the terms of disbursement.
Select the person who will handle your affairs.
Create trust provisions for minor persons and young adults. Without a trust, a child can have full access to your assets at age 18, even if he or she is too immature to handle it.
Nominate a guardian for your minor children.
Preserve governmental benefits for a disabled person. You can set up a special needs trust under your Will.
Protect an inheritance against divorce and lawsuits. Under a trust created under your Will, you can create a “spendthrift” provision.
Protect your children’s inheritances from a second marriage. Under a trust created under your Will, you can limit your spouse’s inheritance so that when he or she dies, your children receive the remaining principal.
Special instructions. You can leave burial and funeral instructions in your will and provide that a written list of personal property will be incorporated in your Will.
Make a gift to charity. With a Will, you can leave some money to a favorite charity.
Give yourself peace of mind. You will know that you put your affairs in order and your family will know that you cared enough to do so.

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

AGING SOLO? BUILD A TEAM!

Many of my senior clients live alone – some never married, some are widowed or divorced, and many of my clients never had children or their children are deceased or estranged. With no family member to rely on, they need someone trustworthy to pay bills and make critical decisions if they become ill.

Here are a few suggestions:

Think creatively when selecting someone who can manage your affairs. It might be a cousin or niece or nephew, or maybe a trusted financial or legal advisor.
Try to select a health care agent who lives nearby or who can easily travel to you if you are ill. If not family, perhaps a close friend or clergy would be willing to help.
Simplify your financial life by consolidating your assets. This makes management easier for you or anyone who takes over.
Consult with an attorney about a Living Trust and Durable Power of Attorney. If you do not have a family member or close friend to serve as trustee or agent, talk to your attorney about a financial institution or other professional. You can name co-trustees, say, a financial institution and a relative or friend, and require them to act together.

What’s most important is – have a plan. Failure to plan is planning to fail.

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

Here at the Law Offices of Debra G. Simms, we provide complete Estate Planning services. Our revocable trust is not the “one size fits all” document that comes in an expensive leather binder. We consult with you, assess your situation and prepare your trust to meet your needs and goals.

We will also make sure that your trust is properly funded. It is not enough to have a piece of paper titled “Trust”; you must properly title your assets in order to avoid probate. We will prepare deeds and work with your financial advisors and banks to make sure all assets are titled in the trust.

The initial consultation for Estate Planning services is free. There is no pressure, no selling and no obligation. Just education. Call the Law Offices of Debra G. Simms at 386.256.4882 to learn more.

An old saying goes that there are only two things that certain in life – death and taxes. While neither of these things is anyone’s favorite subject, they both point towards the importance of Estate Planning.

When we talk about Estate Planning, we automatically think about Wills, Trusts, and other types of legal documents. However, your estate planning documents will do little good if your family or trusted friends do not know where to find them.

Once you have put the finishing touches on your written estate plan, I recommend setting aside some time to talk about it with your family. Tell them where your documents are kept and explain your wishes clearly. While this might be an uncomfortable conversation, it can save your family from additional stress and confusion down the road.

If you need advice on estate planning, call the Law Office of Debra G. Simms today at 386.256.4882

FLORIDA PET TRUSTS

What will happen if your pet outlives you?

Many pet owners, like me, consider our pets as part of our family. But, far too many of us neglect to make long-term plans for our pets. Each year thousands of animals end up in shelters. According to a recent Humane Society Report, the majority of dogs and cats that enter shelters are euthanized when the pet parent passes away.

There is something we can do. Florida has a law allowing pet owners to establish a Trust to ensure that their pets receive proper care after disability or death. A Pet Trust works by naming a trusted person or facility to act as Trustee and provides that Trustee with enough money to care for the pet according to your instructions. This can include directions such as your pet’s daily routine, medical care, special food, and socialization. In short, it may include anything that is reasonable to care for your pets.

You can create a pet trust either while you are alive or when you die by including the trust provisions in your will.

I am an attorney with experience in estate planning and a pet owner who does not want to leave my pet’s future to chance.

If you need advice on estate planning, call the Law Office of Debra G. Simms today at 386.256.4882

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