September, 2019 - Simms Law Firm

For families with young children or grandchildren, special attention must be given to how assets will pass to minors.

If the child is under the age of 18, thought must be given as to how the child should receive the assets and who will be in charge of those assets.

If there is no provision in your estate plan, then the court will appoint a guardian to manage the minor’s property. But, often time, the guardian is not someone you would want. (think spendthrift son-in-law who is the father of your grandchild)

Another way of doing it is to set up a trust for minors and name an appointed trustee – someone you trust! And the trust can have manageable provisions, such as giving the trustee the right to make distributions to the minor for health, education, maintenance and support until such time as the child reaches a later age, typically 25 or even older.

Management for younger children is very important. It can keep them on track and provide for their education.

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 Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Domestic Partners Beware

According to the U.S. Census Bureau, the number of unmarried couples ages 50 and over rose 75% between 2007 and 2016. Many of these couples choose to keep their finances separate because they already experienced one difficult divorce and are nervous to entangle themselves and their possessions again.

But living together presents complex estate planning issues because laws are written to favor married couples.

For example, if one partner has a medical emergency, the other partner cannot make any decisions or even communicate with physicians unless there is a health care power of attorney and HIPPA release. That’s because unmarried partners are considered “legal strangers.”

Death of one partner can also create many issues. Without the proper legal documents, the surviving partner is not entitled to even make burial or cremation arrangements for the deceased partner.

Also, without a Will or Trust in place, the deceased partner’s assets will be distributed according to the intestacy laws of the state and an unmarried partner is not recognized as an heir.

Do not delay seeking legal advice if you are an unmarried couple. The consequences could be devastating.

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

As our lives go digital, so will, inevitably, our death. Emails we send, photographs we post, and thoughts we share are all stored digitally. These are users’ digital remains that reflect their digital personalities and at the same time, make up the memories for friends and family.

Florida has now enacted laws regarding access to digital remains after death. These laws are important because a conflict might arise between the privacy expectations of the user, and his or her family and friends’ wish to use the digital remains for mourning and commemoration.

It is important to make sure that your estate planning documents incorporate the language of the new laws and that your desires are clearly spelled out. If your Will or Power of Attorney was created prior to 2014, it should be updated to address this concern.

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

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.

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