Estate Planning :

Mr. & Mrs. W. came to consult with our firm to create an estate and incapacity plan. Their goals were to have their assets avoid probate and for them to avoid a guardianship proceeding in the event either spouse became incapacitated. After we counseled them, the couple decided to have their estate plan include a Last Will & Testament for each spouse and a joint Revocable Trust; their incapacity plan included Durable Powers of Attorney, Designations of Health Care Surrogate, and a Declaration of Preneed Guardian for their minor child. Once the documents were signed the clients felt relieved that they had created a plan for their future which resulted in their peace of mind.

Guardianship :

Emergency Temporary Guardianship

A single mother of two minor children was severely injured in a vehicular accident. She did not have a Durable Power of Attorney or Designation of Healthcare Surrogate allowing her family to make financial and medical decisions for her. While in a coma, our firm quickly arranged for an Emergency Temporary Guardian to be appointed by the Court. The Emergency Temporary Guardian was given authority to make healthcare decisions for the young mother as well as manage her financial affairs. This resulted in a smooth and efficient continuation of the management of her life until she regains capacity. It also enabled the Guardian to proceed with a lawsuit to protect the young woman's rights.

Minor Child

An 8-year old child was involved as a passenger in an automobile accident. The parents consulted with a trial attorney to sue the driver who caused the accident. A settlement was reached of approximately $250,000.00. Even though the parents are considered natural guardians of a minor child, a Court authorized guardianship was required since the settlement exceeded $15,000.00. The parents retained our firm to set up the guardianship for their child. We had the parents appointed Guardians expeditiously and the money was placed in a protected restricted account until the child's 18th birthday. We counseled and supported the clients in meeting their responsibilities as guardians. When the minor turned 18 years of age, we terminated the guardianship.

Incapacitated Adult :

Mrs. H was in her 70's when she began experiencing cognitive impairment. A widow with no living children she lived alone in an apartment in a retirement community. As her cognitive impairment progressed, she became more forgetful and began neglecting her personal needs (i.e. nutrition; medications; hygiene). She also became a victim of exploitation. When salesmen would knock on her door she would let them in and purchase whatever they were selling regardless of whether she needed it. Mrs. H's daughter-in-law lived out of state and became concerned. She contacted our firm and we, along with a Geriatric Care Manager, visited Mrs. H. It was determined that Mrs. H could not exercise good judgment and was neglecting her medical needs. A petition was filed for a guardianship. Once the guardian was appointed the guardian had authority to oversee Mrs. H's medical needs and ensure she was properly cared for and that her property was managed. The guardian protected Mrs. H from continuing to be a victim of exploitation.

Probate:

The decedent, a former client of the firm, was a successful entrepreneur at the time of his demise. The firm had prepared his estate plan. An estate was required to be opened to administer his assets because they were titled in his name alone. During the initial investigation stage it was discovered that the decedent incurred numerous unpaid debts (including credit cards) which threatened to reduce the assets ultimately to be distributed to the beneficiaries. Our firm followed the protocol of Florida Probate Law by notifying the creditors of the probate proceeding and limiting the timeframe for them to file a claim in order to be paid. We guided the Personal Representative through the probate process and his responsibilities. When the timeframe for filing claims had expired, we determined that many creditors had not timely filed a claim which resulted in a savings of approximately $50,000.00 to the estate (and the beneficiaries). Other creditors failed to file a claim at all which also created an additional savings for the estate. The probate of the estate was handled efficiently and timely.

Special Needs Trust:

Protecting Settlement Proceeds

Our client was a young man in his early 30's when he was involved in a horrific accident that left him a paraplegic. As a direct result of the accident, he applied for and was approved to receive Medicaid assistance. The cost of his care was extremely expensive due to the need for various types of therapy and skilled nursing care. When the lawsuit was settled, our firm created a special needs trust and had the Court direct the proceeds to be placed into the special needs trust. The client maintained his Medicaid assistance and the special needs trust assets are being used to enhance the quality of his life and quality of care. A new home containing adaptive devices has been purchased by the client and his wife so that they can live together and resume their relationship.

Protecting the Inheritance

Our client was a young man in his early 30's when he inherited a portion of his grandmother's estate. He was receiving Medicaid and Supplemental Security Income at the time which meant he could not own more than $2,000.00 in assets in order to maintain his government assistance eligibility. He inherited a percentage of commercial real estate with a fair market value of over $1,000,000.00; our client's share was several hundred thousand dollars. We successfully assisted the client in maintaining his government benefits by creating a special needs trust. We requested and Social Security approved of continuing his SSI benefits on the condition that it is repaid once the proceeds from the sale of the property was received. When the real estate was sold, SSI was repaid and the client's share of the proceeds was placed in his special needs trust.