Legal Articles, Estate
Start Your 2023 on the Right Foot – With an Estate Plan
As you consider the innumerable possibilities that are out there for this year, one thing that I encourage you to get done this year is to create an estate plan.
What Are the Basic Core Estate Planning Documents
Estate planning requires planning for the future, both while alive and after passing. Every adult, married or single, should have a power of attorney for health, power of attorney for property, a living will, and a last will and testament. A living trust should be considered for estates larger than $100,000 or involving real estate to avoid the high cost of probate.
What is Standby Guardian Protection?
Who takes care of your child should something happen to you? Advanced estate planning today can give you peace of mind – knowing that if something catastrophic were to happen to you, your child can be raised by a family member or close friend of your choosing. The Schaller Law Firm can give you peace of mind by drafting a “Standby Guardian” designation that identifies who you want to act as guardian and raise your child if you die prematurely or suffer a catastrophic accident leaving you in an irreversible vegetative state (think car or truck collision). This is a key component of the Schaller Law Firm’s “New Parent Child Protection Plan.”
Who Ensures Income, Support, Maintenance, and Education for Your Child Should Something Happen to You?
Good parenting requires you to remember the importance of protecting your child’s financial future should something catastrophic happen to you. Nobody plans an accidental death – that’s why it’s called an accident. But accidents do happen, and good parenting requires you to protect your child with advanced legal preparation through the Schaller Law Firm’s “New Parent Child Protection Plan.”
Who Pays Your Child's Needs Should You Become Incapacitated?
Your child needs financial protection should you become incapacitated because of sickness or injury. Your spouse could be barred from accessing your individual bank account without a court order. What happens if you and your spouse are both incapacitated after a devastating vehicle collision?
Who Makes Medical Decision Should Something Happen to Me?
A power of attorney for health care is essential to protecting a person should they become incapacitated. A power of attorney is especially important when the person is responsible for taking care of a young child.
Florida Special Needs Trusts
If you or a loved one is receiving asset or income-based government benefits, it is good to team with a knowledgeable estate planning attorney to ensure that any inheritance or other assets do not get in the way of you receiving those benefits.
Who can serve as Guardian?
According to Mental Hygiene Law § 81.03, there are different types of guardians, and this article provides you with a brief summary of the types of guardians in New York.
How to Protect your Assets from Creditors
The United States is highly litigious, especially in California. In this article, we will discuss various asset protection strategies.
DEATH, PROBATE AND DUE PROCESS: Do the Notice Requirements Under the Florida Probate Code and Rules Pass Constitutional Muster
In Florida, a procedure exists allowing the person seeking to administer
the estate of a decedent (the “petitioner”) to resolve certain issues before the issuance of letters of administration. Fla. Stat. §733.2123; 7 Fla.
Pl. & Pr. Forms §50:55 (2015). One
of those issues is whether the last
will and testament offered for probate is valid.
