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Is it Necessary to Include Ceremony Arrangements and Funeral Wishes in a Will?

Wills are necessary for individuals to express their end-of-life wishes and how they would like their assets to be distributed upon their death. One of the most common questions for estate-planning attorneys has to do with whether a person should include his/her funeral arrangements and plans in his/her will. While planning for the future is always a good idea, these specifications are unlikely needed to be outlined in a will. Funeral wishes and ceremony arrangements are plans that are subject to change and are almost never permanent. Also, funeral arrangements can be very personal and private. Because wills can become subject to public record it is not a good idea to include them in your wi

Newlywed Estate Planning To-Do List

After getting married, newlyweds often don’t recognize estate planning as being a priority. However, because a big lifestyle change has taken place, the couple must be practical and think about the importance of preparing for unpredictable circumstances. Below are four priorities to put at the top of your to-do list after saying ‘I do.” Create a Will Assets that aren’t transferred by ownership, beneficiary designation, or trust are distributed according to the terms of a will. If you don’t have a will, assets transfer according to the laws of the state of Florida. Draft a Living Will A living will specifies to medical professionals as well as your family members what end-of-life (EOL) treatm

Keep your Digital Presence in Mind When Estate Planning

In this new digital age, many people don’t think about what happens to their social media accounts and digital presence when they pass away. According to an article written by Jonathan Shaw entitled “Why ‘Big Data’ is a Big Deal,” the amount of data produced from 2012 to 2014 is more than all human civilization before that. Although social media is a relatively new phenomenon, it has infiltrated the everyday lives of millions. Because of this, the Fiduciary Access to Digital Assets Act was drafted to allow the executor of a person’s estate that is stated in the will to have access to that person’s email and social media accounts. As of 2018, 39 state legislators have adopted this act; howeve

The Beneficiary-Trustee Relationship

The trustee is the individual who is held responsible for informing the trust’s beneficiaries, keeping them updated and managing the assets that are in the trust. The individual is appointed as trustee by the grantor or by the court, and must voluntarily accept the position. He/she is unable to resign as trustee without the permission and consent of the court or of all the beneficiaries. However, according to Florida Statute §736.0706, a trustee may be removed if he/she has failed to perform his/her duties or has committed a serious breach of trust. The responsibilities and duties of a trustee differ depending on whether the grantor is incapacitated or has passed away ("What are the Duties o

Estate-Planning Myths

Estate planning is a subject many individuals aren’t well versed in. Many people don’t want to go through the process of hiring an estate-planning lawyer to develop a plan. Because of this, people often procrastinate and wait last minute to create an estate plan. There are many myths associated with estate planning. Below are FIVE estate-plannings myths that can be easily debunked. I’m Too Young to Worry about Estate Planning When a person is young and healthy, they are not thinking about the disbursement of his/her assets. However, estate planning isn’t only about assets. An estate plan also includes nominating a guardian, a durable power of attorney and a health care surrogate designation

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