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FIVE WISHES What are the” five wishes” we all keep hearing about when the topic of making a will comes up? Recently one of my clients told me that his doctor was insistent that he draw up the Five Wishes in order to make proper arrangements for his family after his passing. Five Wishes is a document that was originally circulated in 1997 by a non-profit organization devoted to health and health care issues. In the document you can let your family and your doctor know your wishes ...

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Debra G. Simms 8/20/2014 9:18:00 AM Comments(0)

Why Hire a Probate Attorney

WHY HIRE A PROBATE ATTORNEY? When a loved one passes away you may need help in following his or her wishes regarding the distribution of his or her property and money after death. Unless all of the person's assets were titled in trust, or passed through a beneficiary designation form, or by rights of survivorship, you will need to hire a probate attorney to represent you in the administration of the estate, a process known as probate. The services a probate attorney provides include determinin...

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Debra G. Simms 8/9/2014 5:09:00 PM Comments(0)

What happens to your online accounts when you die?

You have probably decided who gets the house or the IRA when you die. But what about your email accounts, bank accounts, and all those photo's stored on Face Book? Grieving relatives might want access for sentimental reasons or to settle finances. But if you give out your passwords, your children could read your exchanges on an online dating profile or your spouse could read your every e-mail! But think about this- you might have a popular cooking blog or YouTube video that is worth considera...

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Debra G. Simms 8/2/2014 4:48:00 PM Comments(0)

The Case of the not-so-simple Will

A woman who used a commercial will instead of hiring an attorney apparently thwarted her intent of disposing of some of her property and sparked litigation that cost many times what she saved by using the generic form. The woman, Ann Aldrich, had written her will on an "E-Z Legal Form" which was properly witnessed and executed in 2004. In it, she specified that her property was to be left to her sister, and if her sister died first, then her property would go to her brother. The sister did die ...

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Debra G. Simms 6/14/2014 10:05:00 AM Comments(0)

Good news for Underwater Homeowners! You can strip off your second mortgage!

It's finally official. If your home is underwater (your house is worth less than the amount owed) and you have a second mortgage (sometimes known as HELOC or junior loan) you might be able to get rid of the second mortgage in a Chapter 7 Bankruptcy. If you meet the criteria to qualify for a Chapter 7 Bankruptcy, you may be able to get rid of your second mortgage all together, along with other unsecured debts, much like Visa, Sears, and medical bills. The Eleventh Circuit Court of Appeals ruled...

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Debra G. Simms 5/31/2014 10:03:00 AM Comments(0)

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