Common Mistakes in Estate Planning

Do you think that you do not need an estate plan because all your bank accounts are POD (Payable on Death) and your IRA has a beneficiary?  You could be very mistaken.

What about your house?  Your cars?  What if one of your designated beneficiaries dies or is incapacitated? 

And what about the cost of Probate?  Without an estate plan, your assets can be depleted by the expenses of the Probate Court.

But, even if you already do have an estate plan, mistakes can be made if:

  • You do not update your beneficiaries and legal representatives after marriage, divorce, the birth of a grandchild, or other big life events.
  • You do not keep documents organized and able to be easily located.
  • You change your mind about your estate plan, but do not revise your estate planning documents.

An estate plan requires thought and action – now is the time to seek the services of Estate Planning Lawyer.

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 Blog topics may or may not be updated and entries may be out-of-date at the time you view them.

ESTATE PLANNING ESSENTIALS

In Florida, an estate planning attorney can help with the completion of four very important documents that are necessary such as a: 

  • last will and testament with or without guardianship depending on a scenario where there are minor children, 
  • an advanced healthcare directive,
  • durable power of attorney, and
  • living will

  A Last Will and Testament is important for the purposes of explaining where and how an individual would like their assets divided, debts resolved and who will be the Personal Representative of the Estate.

An Advance Healthcare Directive is the document that details the type of care you want administered in the event you become disabled and cannot speak for yourself. In Florida this essential documentation is sometimes called a medical directive or advance directive.

A Durable Power of Attorney designates another person to conduct business on your behalf when you cannot. In the event of disability all other powers of attorney become ineffective except for this one document; the durability of this document allows it to survive disability and is fundamental to estate planning.

A Living Will is a declaration regarding your choices of medical care if you are in an end-stage condition, persistent vegetative state, or terminal condition, AND where there is no medical probability of recovery.

The Law Office of Debra G. Simms can be of assistance in the preparation of estate planning documents. The initial 30 minute consultation is free.

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.

We all know that you can find “Do It Yourself” Wills online. We all know that it costs less money to do your own estate plan than to hire an attorney.

But… what if you press the wrong key when answering the prompts?  What if you don’t know how to even answer the question in the prompt?

A few years ago,  new clients asked me to review their DYI estate plan.  On the bottom of each page in very small print were the words “Nebraska Law applies”.  I asked my clients if they lived in Nebraska when they did their Wills.  They NEVER lived in Nebraska! 

Another client called to say her Durable Power of Attorney was refused by an insurance company.  The Do It Yourself document did not include the language required to deal with insurance companies. 

And, even more disastrous, was the client whose Will’s beneficiaries included a physically disabled adult child who was receiving federal benefits.  These benefits would be lost as soon as the child inherited his rather modest bequest.  Did these parents ever hear of a Special Needs Trust?  No, the forms they used didn’t have such a provision.

So… remember the old line, penny wise, pound foolish?  Do It Yourself documents are plain dangerous.  The cost of using a good estate planning attorney could save you or your heirs much more.

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.

Facing the Realities of Aging

Getting older is definitely not a cakewalk.  If there is one thing that is true for every living person on this planet it is that we all get older and eventually die.  No one yet has ever figured out a way around this fact of life! 

It is also a given that as our bodies age every one of us will be more susceptible to developing a disability or dementia. 

But many seniors fail to plan for this.  It’s certainly easy to put off making decisions about who will take care of our finances and make medical decisions if we need help.  And what about end of life care?  Who wants to think about that?

But failing to make a plan is planning to fail.  Now is the time to see an elder law attorney.  Don’t wait until it’s too late. 

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.

Annual Reminders

The end of the year is a great time to review various aspects of your estate and financial plan. 

  • Request a free credit report through annualcreditreport.com
  • Consider placing a fraud alert on your credit cards.
  • Create or update a list of all your electronic user names and passwords.  Properly safeguard this information.
  • Review your Will and/or Revocable Trust to ensure that you are comfortable with your bequests, Personal Representatives and Trustees.
  • Review agents named under financial and medical powers of attorney to ensure they are still appropriate.  Review your Living Wills to make sure you are comfortable with your end of life instructions.
  • Review your beneficiary designations for your insurance policies and retirement plans.

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.

The Role of an Estate Planning Attorney

Planning for end of life is a difficult but necessary process.  Part of this planning is the creation of a legally binding estate plan that dictates your wishes and appoints certain people with the responsibility of carrying out those wishes.

Using an experienced estate planning attorney is advised. The attorney can walk you through the process from start to finish, prepare the documents, and make sure that the documents are properly executed.

Another advantage of using a professional estate planning attorney is to ensure that your real estate and other assets are properly titled to be certain that legal title is clear and assets can be transferred to your selected beneficiaries. This process can include advising on deeds, pre- and post-nuptial agreements, and marital settlement agreements after divorce.

An experienced estate planning attorney can also advise you on other end-of-life choices, such as financial and medical directives, organ donation, disposition of remains, and similarly important decisions. Without an estate planning attorney’s assistance, you may find yourself setting your family up for more hardship as the result of poor planning.

An attorney can also advise clients about how to best provide for beneficiaries with special needs, educational requirements, or other considerations. The attorney can also create a plan for meeting philanthropic goals and include charities or other organizations in your estate plan.

Planning ahead is important for everyone, no matter how large or small the estate. Using an experienced estate planning attorney will ensure that your plans can be carried out.

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.


Many of us tend to procrastinate about making hard decisions.  Unfortunately, with estate planning and elder care, this can have dire consequences.

Recently, an 80 year old lady came to see me about doing her Will.  She was clear in her mind about who she wanted to leave her money to when she died and who should take care of her finances if she became too ill.  And, she knew what kind of care she wanted if she could no longer live alone.

I was hired to do a basic Estate Plan for her – Will, Durable Power of Attorney, Health Care Directive, and Living Will.  I prepared the documents and called her to come in to sign.  No Answer.  Next day, No Answer.

It turns out my client had a stroke and was unlikely to recover.  She had no legal documents in place to authorize any of her children to handle her finances or make decisions regarding health care.  The children could not agree, and a guardianship case was opened in court while my client remained in the hospital unable to communicate.

This is an all too familiar story in my Elder Law practice.

Why do people procrastinate about these important planning tools?  It’s simple:

  • No one wants to think about mental incapacity or death.
  • No one likes to pay attorney fees.
  • No one likes to expose their personal life to another person, even an attorney.
  • No one wants to give a child the authority to “put them in a home”.
  • Sometimes it’s not easy to decide how to divide your estate.

It’s wise to start your estate planning early.  Here are some top reasons:

  • The top reason, of course, is my 80 year old client.  You might lose your ability to sign documents.
  • Like my client, you might lose your ability to communicate your wishes to your family or doctors.
  • Keep harmony among family members – my client’s children could not agree what to do – they went to court!
  • You might need someone to handle your finances if you cannot.

After watching my client and many others like her, I know how important it is to plan ahead.

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.

The content of your will and other estate planning documents is very important. If you choose to write your will yourself, your family could face a number of obstacles after you are gone. As your will passes through probate court, its content could be challenged by anyone who feels they were wronged. An estate planning attorney can help you avoid such dilemmas by ensuring that all wording is clear and that your intentions are understood.

Your will can also be challenged if it was not signed according the requirements of your state’s statutes.  Having a wrongly signed will is the same having no will at all.

An experienced attorney can also help avoid having to probate your will, resulting in cost and time savings for your family.

An estate planning attorney also has knowledge of financial issues that may affect your estate. Drafting a will is not just about who will end up with your money and your house. An attorney will look at all aspects of your finances, such as any retirement accounts you may have and will also consider your debts. There might be other details to consider such as who will care for your pet when you pass.

A properly drafted estate plan can give you peace of mind. It is important to remember that having a will is important no matter the size of your estate. Each estate is different, and an attorney can help you find an estate plan that best meets your needs. 

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.

 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.

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.

 

 

 

Do You Know When it is Time to See A Lawyer? 

Often we turn to lawyers as a last resort after the contract has been signed, the spouse has walked out, or the parent has died.

The adage, “an ounce of prevention is worth a pound of cure” is as true with legal matters as it is with regular medical checkups.

Getting good legal advice is one of the greatest preventative measures you can take BEFORE you become ill or incapacitated.  Not only can you save money in the long run, but preventative legal advice can save you and your family from difficulties later on.

Make a Will and plan your estate before you become too ill to do so.

And if there are changes in your family status – marriage, divorce, the birth of children, now is the time to seek legal advice to update your existing plans.

Make a careful search for your lawyer and focus on who may be the best qualified to handle the issues in your case.  Board certification is one way to decide if a lawyer is right for you.  A Florida Bar Board Certified lawyer must have extensive experience, must pass a written examination in the specialty area, and be favorably evaluated as to ability and experience in that specialty by other lawyers.  And the certification must be renewed every 5 years to show that the attorney can meet the same requirements as for the initial certification.

Debra G. Simms has been practicing law since 1988 and is a Florida Bar Board Certified Attorney.

Questions? The Law Office of Debra Simms is here to help. Call us today 386.256.4882

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:
629 N. Dixie HWY
New Smyrna Beach, FL 32168
Local: 386.256.4882
Toll Free: 877.447.4667