Recent Blog Posts
How to Find a Will
Writing a will is technically optional under Florida law. If a person dies without a will, then his or her estate will be distributed to heirs under Florida law. Of course, we recommend that everyone create an estate plan, which might include a will. However, according to USA Today, almost 2 out of 3… Read More »
Should You Mediate a Probate Dispute?
Most estates are probated without any controversy. However, sometimes parties disagree about certain issues. For example, a creditor might make a claim for payment that the personal representative does not believe is legitimate. Probate disputes can be lengthy and time-consuming. In Charles Dickens’ famous novel, Bleak House, a probate dispute ends up eating the… Read More »
Advantages and Disadvantages of Electronic Wills
We have written before about electronic notarization of legal documents and how this represents a sea change in Florida law. Today, we want to discuss whether your entire will should be electronic. Electronic wills have certain advantage and disadvantages. But, as experienced estate planning attorneys in The Villages, we also want to caution against… Read More »
How to Reduce Costs of Long-Term Care
Nobody wants to spend the end of their life in a nursing home, but millions of people will. And the cost is eye-popping. According to Senior Living, the average annual cost of a semi-private room in a nursing home in Florida is almost $100,000. It might be more or less depending on where you… Read More »
Put Your Intentions in Writing
Here is a common situation. An elderly person wants to provide for a grandchild or a niece or nephew and tells her children about her intentions. “When I die, make sure to give Joe $20,000 for a down payment on a home” or things to this effect. However, the elderly person dies without making… Read More »
Do You Want to Avoid Probate?
Probate is the process of validating a will and then paying off the estate’s creditors in an orderly fashion. Once creditors have been paid, the estate’s personal representative will distribute property according to the will or, if there is no will, according to Florida’s intestacy rules. Probate is overseen by the probate court, which… Read More »
Many Nursing Homes Still Lack Generators
Hurricane Irma revealed a weakness in nursing homes and critical care facilities. In particular, they lacked any alternate power source, such as a generator. As a result, a dozen residents died from heat-related reasons in a Hollywood, Florida nursing home when Irma struck. Our legislature responded by passing a law that required nursing homes… Read More »
Florida’s Top Guardian Official Has Resigned
Guardians represent the legal interests of those who can no longer take care of themselves. In some situations, children or people with special needs are appointed guardians. However, many guardians are appointed when a senior becomes unable to manage his or her affairs. When a person is low income and has no family who… Read More »
Doctor Allegedly Swindles Patient Out of His Home
At Millhorn Elder Law Planning Group, we spend a lot of time warning our clients of different scams, some involving health care and other involving impersonation over the internet. Unfortunately, scammers are not always anonymous people operating out of a basement in some foreign country. Instead, they might be trusted professionals who have excellent… Read More »
Is Jeffrey Epstein’s Will Legal?
Jeffrey Epstein was allegedly worth over $500 million, though no one really knew how he had earned it. When the disgraced financier killed himself in August, he was awaiting criminal charges for sex trafficking minors. With his death, the criminal case is now moot, though there is an interesting debate about whether the will… Read More »
