I shy away from scare tactics, but the latest story about Marlise Munoz – a 33 year old and 22 weeks pregnant woman is horrifying. A judge in Texas has (reluctantly, I’m sure) ordered that she be taken off of life support.
This isn’t a story about the importance of having documents like a “Health Care Surrogate Designation” (though you should). The only thing I’m concerned about is the fact that people are not opening enough dialogue about what would happen if they died unexpectedly.
Unfortunately for Munoz, not even the State of Texas couldn’t legislate a perfect solution – who could?
Talk to your spouse, your parents and your (adult) kids and make sure they are all adequately prepared in case one of them leaves this world prematurely.
I recently wrote about probate and homestead property over at our sister site, WeProbateFlorida.com.
It’s worth a look if you’re wondering what happens if you don’t create an estate plan at all and the property remains in your name after you pass.
In the coming days, I’ll address the nuances of owning and titling real estate so that it effectively passes on to your heirs the “right” way.
In the meantime, jump on over to the WPF article titled: Do I have to Probate the Homestead Property?
What’s the difference anyway?
Nope, there is no punchline here. This isn’t a lawyer joke. But this is a pretty common question when I tell people what I do.
What is a Florida Probate Attorney?
A probate attorney guides and assists people in the administration of a persons estate. More specifically, a Florida probate attorney is versed in the often complicated rules and statutes that control in the Florida probate process. Probate is a court supervised process in which the personal representative of a person’s estate is administered – assets are collected, creditors are paid and the remaining assets are distributed to the heirs or beneficiaries.
What is an Estate Planning Attorney?
An estate planning attorney helps people to make a general or detailed plan that determines how their estate assets are administered and distributed. Estate planning attorneys draft and prepare Wills, Trusts, Power of Attorneys, Living Wills, Pre-Need Guardianships and an assortment of other such instruments that facilitate issues we all will eventually face.
Why is the distinction important?
It’s not. In fact, in my humble, unimportant opinion, a Florida probate attorney and an estate planning attorney should be one in the same. An estate planning attorney who does not regularly handle probate cases may not be familiar or kept current on what is actually happening in the Florida probate courts. In other words, it would seem to me that it’s difficult to plan an estate if you’re not sure what will happen after a client dies. On the other hand, a Florida probate attorney who doesn’t flex his or her estate planning skills may not be spending enough time trying to help clients avoid certain elements of the probate process. This would be a disservice to the attorney’s clients.
Word to the wise: There are many attorneys who will draft a “simple will” for a nominal fee. Some of those attorneys have never, ever handled a probate case and may not really know the impact they may have when their client passes away. In some cases, a poorly planned and drafted Last Will and Testament can do more damage than dying without a Will. Only a Florida probate attorney can truly advise you as to what will happen to your estate after you pass. Before letting a lawyer draft your Will, ask if he or she has ever handled a probate case.
Working on my “elevator pitch”
Now that you know the difference, what do you think of my elevator pitch? (Work in progress)
“I’m a Florida probate attorney and an estate planning attorney. I help people plan for their golden years and help their heirs and beneficiaries navigate through the process of settling a person’s affairs after they pass on.”
Image courtesy of: TheBusyBrain
My good friend and trusted colleague, attorney Sarah Martello was recently featured on recent bust of “On Time Tax Consultants” tax preparation service.
What if I’m a Victim?
If you have been a victim of this company, you may want to consult a local tax attorney in Gainesville to assess your exposure and risk.
Click here to contact Sarah Martello, Esq.
Disclaimer: Sarah Martello, Esq. serves periodically as “Of Counsel” (consulting attorney) to the law office of Long H. Duong, P.A. but is not an employee of Long H. Duong, P.A.
A friend and colleague of ours, Evan George just relaunched his website at EvanGeorge-Law.com.
If you or someone you know is looking for an experienced immigration attorney in Gainesville, please consider contact Mr. George!
We recently learned that our contact form was not routing emails properly. This has since been resolved and we are confident that the new contact form will reach us without issue.
Thanks for understanding!