October, 2019 - Simms Law Firm

Did You Include Your Pet in Your Estate Plan?

People consider their spouses and children when creating their estate plan. But, pets are family, too. An estate plan should consider every aspect of life – if you have a pet, having someone ready and willing to look after them is crucial.

Your Will and Power of Attorney should name at least two people who can take of your pet. Depending on timing, the first person named may not be able to take care of the pet. And if you don’t have a family member or friend, then there are charities such as no-kill shelters that can provide this care.

Even the nicest friend or a charity may not be willing to take care of your pet for free, so it is important to leave money to provide for the animal’s needs during their lifetime. You can easily do this with a Pet Trust.

Having some money placed in a Pet Trust can give you control and peace of mind that your pet will be well cared for. The amount of money you leave will depend on the type of animal, and its age, type of food, and medical costs.

Give yourself peace of mind. Don’t leave your beloved pet’s welfare up to chance.

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 Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

Estate planning attorneys are often asked by their clients to prepare Wills that pass along their money with strings attached. I call this “dead hand control”.

A common example is making an inheritance contingent upon the beneficiary being married to a person of a particular religion. Another one is requiring that the beneficiary be drug-free for a period of time.

Is this legal? In general, courts tend to allow people to pass along their money with strings attached, provided that those strings do not foster behavior that is illegal or against public policy. In an Illinois case a few years ago, a man-made his grandchildren’s inheritance contingent on their marrying Jewish spouses. The Will was upheld by the Illinois Supreme Court.

Clients who want this are doing what they think is best for the beneficiary. But clients also need to understand that putting conditions on their bequests can cause their family pain.

Consider this Florida case: Grandma died leaving a sizable estate to her 3 granddaughters. The money was divided equally, but they would only get their inheritance if they were married to a person of Grandma’s religion. Two of the sisters were, but one was not -she was happily married to someone of a different religion and had 2 children. She would not inherit. All three of the sisters were shocked and angry. The Executor of the estate explained that its hands were tied and their only recourse was an uphill battle in the courts.

Conditional bequests, related to religion or anything else, should always be thoroughly discussed with your estate planning lawyer.

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

5 Tips for Securing Your Assets, Healthcare and Legacy

It’s your life and your legacy: Make sure you have an updated estate plan. And don’t wait until it’s too late!

Create or Update Your Estate Plan: avoid unnecessary taxes, family arguments, and creditors

Wills allow you to transfer property to your selected beneficiaries, permits a parent to name a guardian, can help protect beneficiaries against creditors, and reduces the burden on family
Revocable Trusts allow you to distribute your assets at death and can allow you to avoid probate.
Irrevocable Trusts can help you qualify for financial assistance if you need long-term care and can provide for strong creditor protection for you and your beneficiaries.
Special Needs Trusts allows you to leave assets to a disabled heir without risking the loss of Social Security, Medicaid benefits, or food assistance.

Create Your Durable Power of Attorney and Medical Directives.

A Durable Power of Attorney authorizes your named agent to act in your place for financial and legal decisions if you are incapacitated.
An Advance Medical Directive allows you to name someone to make health care decisions for you if you are incapacitated.
A Living Will allows you to express your desires about life-prolonging procedures if you are at the end of life with no hope of recovery.

Review and Update your Beneficiary Designations on your Life Insurance and Retirement Plans.

Consider New Laws. Do the new tax laws affect your estate?

Review Social Security and Retirement Benefits. What is your full retirement age? Should you delay your benefits to increase your monthly benefits?

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

Risks abound for Do It Yourself estate planners

Yes, you can do your estate planning without professional help.

However, just because you can, doesn’t mean you should. The risk of making a mistake is greater without help.

The problem with the forms found on websites is that Florida has strict rules on how those documents need to be executed in order to be valid. You can download those forms, but you have no way of knowing if you did it properly or if it was appropriate for you.

Your estate plan is your last testament to living family. Not understanding how property passes after death is a heavy consequence. Mistakes can leave loved ones disappointed and frustrated. And mistakes have financial consequences.

And remember, your estate plan cannot be fixed if you are not of sound mind and certainly not after death. You and your heirs could be stuck with an estate plan that has terrible consequences.

Saving legal fees is usually the motivation for DIY documents. But, is it worth the risk? If you make a mistake, the legal fees will be much greater later when mistakes have to be fixed. And attorneys can save you money in the long run. A lawyer can offer guidance and provide options for you that you might not even think about when you go online.

You wouldn’t do surgery on yourself, would you? Why do your own estate plan?

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

Spending Time With Pets is Good For You!

Most seniors want to stay at home while they age, but social isolation is a common problem. A new survey done by a senior home care agency reports that one in five senior Americans reports feeling lonely. The survey concludes that seniors who own pets are healthier and happier!

Survey results found that senior pet owners cited stress relief, sense of purpose and exercise as leading benefits to owning a pet. Pet owners are also more likely to have lower blood pressure and pets have even been shown to aid in recovery after a heart attack.

Research also shows animal interaction can help perceptions of pain and discomfort, and improve motivation for treatment protocols for diseases such as cancer by helping individuals feel more focused and positive moving forward.

Seniors should be encouraged to be safe and happy in their own homes for as long as possible. That may include helping them with their pets, taking them to dog parks or visiting pet-friendly businesses.

And what about those seniors who want to move to a senior living community?

Eight-two percent of senior animal owners surveyed said they would not consider moving to a senior living community without their pet.

Some senior living facilities accept pets and almost all encourage visits from pets.

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

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
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