Category Archives: Words To Live By

Estate Planning Pitfalls

There are numerous pitfalls of which you need to be aware regarding your Estate Plan.

You’ve worked way too hard to leave your estate plan to chance. Stop procrastinating and protect your family and loved ones and your hard-earned legacy today. However, when doing so, there are numerous pitfalls of which you should be aware.

A simple Google search can reveal some harrowing examples of those pitfalls. This is part one of a multi-part series of what can happen when Estate Planning goes wrong:

Pitfall Possibility #1: Picking An Inappropriate Personal Representative

Are there any long-standing feuds in your family? Does your anticipated Personal Representative live near you? Who will handle your final affairs in an appropriate and fair manner?

These are all questions to spend some time thinking about when determining the best person or persons to act on your behalf after your death. Read on to review an example of what can happen if these things aren’t considered properly:

“When you’re dealing with families, things can get complicated—quick. We see so many cases come through with unresolved feuds between siblings. It’s one of the most common causes of litigation over an estate.

I handled one case where a client’s sister had been named the executor of their father’s estate, despite the fact that she lived in a different state than both her father and brother, whom she’d been fighting with for years.

Ideally, in a case like that, the parents would have named an objective, independent personal representative—like another family member or a trusted friend—as their estate’s executor, instead of one of the kids.

But that didn’t happen here.

After the father passed away, our client started to take care of a few things around the house, not realizing he didn’t have the legal right to do so. Once his sister arrived, there were accusations about items being removed—and a long legal battle ensued.

Ultimately, even though the estate was to be divided evenly, our client’s sister had all of the decision-making power to decide how that happened, so long as the monetary value was equal. There is no way to challenge her decisions in court, and we’re still waiting to see whether or not the siblings can put their feelings aside and divide the estate fairly.

To avoid contentious situations like this, we counsel clients to consider the complicated dynamics between the family members named in a will. If there’s even a possibility of an estate causing fights or damaging relationships, we encourage them to look for an independent personal representative who can settle things fairly.”

                                                    —Tom Gisriel, attorney at Pessin Katz Law, Baltimore, Md.

Mr. Gisriel finishes his story with some valuable advice: Consider complicated dynamics between family members and think about an independent Personal Representative if those dynamics will damage relationships –a neutral family friend? Your Attorney?

Follow the blog, so you do not miss the next chapters of Estate Planning Pitfalls.

Avoid these headaches by putting your Estate Plan in motion today by meeting with an Estate Planning Attorney where you reside.

Heidi S. Webb provides competent, experienced and trusted Estate Planning and Probate Estate Administration services to clients in the Daytona Beach, Florida area. Call today to schedule your free legal consultation.

Original Article with “case studies” located at https://www.learnvest.com/knowledge-center/estate-planning-mistakes

How to Choose a Good Nursing Home

Knowing what to look for when choosing a good nursing home for your loved one is essential. Here in Florida, some nursing homes in Miami got into some serious trouble after Irma hit because there were not compliant with State regulations. That raised the question, “How do you choose the best nursing home for your loved one?” Facilities have different levels of care they provide, but for purposes of this post, I am going to concentrate on 24-hour care.

First, let’s give a definition of Nursing Home Services: A nursing home provides 24-hour nursing and personal care to residents. Nursing care is provided by licensed practical nurses (LPNs) and registered nurses (RNs). Personal attention is given by certified nursing assistants (CNAs) and can include help with bathing, dressing, eating, walking, and physical transfer (like moving from a bed to a chair). (Source here)

Next, create a list of the homes near you that provide this services. I have put together a basic list to help answer to help with this dilemma. Keep in mind, this is just a start, and sometimes your gut reaction to an institution is the best reference.

1. Check State Licenses. In the State of Florida, you can go to this website to check on the license on any homes on your list. Once you put in the name, you can see what type facility they are licensed to have. Depending on the needs of your loved one, not every institution may be authorized to meet these requirements. This site will also provide information on the staff and their licenses.

2. Visit the Facility. Call and make an appointment to meet with the administrator. Have a list of questions ready and make sure you are satisfied with the answers. Get a tour of the facility to see if it meets your expectations. Also, interview some staff to get a feel for the type of people that will be taking care of your loved one. Here is an excellent list of questions.

3. Unplanned Visits. Once you have chosen a facility show up unannounced to see if this facility provides everything it promised in your questioning. If you feel something is wrong, go to the administrator so that can address your issue.

As with any significant life decision, there are many ways to choose the best nursing home. This list is just a start, but I hope it can help educate you on this difficult decision.

Words To Live By

I try to take one day at a time, but sometimes several days attack me at once.

                                                                           ~J. Yane

Words To Live By

I am thankful for laughter, except when milk comes out of my nose.

                                                                                         ~Woody Allen  

 

Words To Live By

Planning is bringing the future into the present so that you can do something about it now.

                                                                 ~Alan Lakein

 

Words to Live By

Let our advance worrying become advance thinking and planning.

                                                                                       ~Winston Churchill