Can I Make Health Care Decisions for my Spouse

Can I Make Health Care Decisions for my Spouse? This questions actually comes up quite often. Spouses usually presume that, because they are married, they are allowed to make health care decisions for each other. They, therefore, question the need for a Health Care Surrogate document. A problem usually only arises when a spouse becomes…

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Transferrable or Payable Upon Death Bank Accounts

Transferrable or Payable Upon Death Bank Accounts Making bank accounts transferable or payable upon death can avoid probate of those assets. A problem can arise if the person or persons named to receive those assets are not the same person or persons named in the Will. For example, you make your bank accounts transferable or…

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Documents Needed When Your Child Turns Eighteen

Documents Needed When Your Child Turns Eighteen In Florida, the age of majority is eighteen. Now that your child has become an adult, based upon increasingly strict privacy laws, it is a good idea for him/her to execute a Durable Power of Attorney for Finances and an Advanced Health Care Directive, allowing the person appointed…

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The Law Office of Roger Craig Simmons is Relocating

The Law Office of Roger Craig Simmons is Relocating “Change is the law of life. And those who only look to the past or present are certain to miss the future.” JFK The Law Office of Roger Craig Simmons is Relocating! Once our new address and telephone number are finalized, we will advise accordingly. In…

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Happy Thanksgiving

HAPPY THANKSGIVING Wishing everyone a happy and safe Thanksgiving!

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Trustee Responsibilities

So, both your father and mother pass away within a few months of each other. After searching through their house for several hours, you finally locate the Estate Plan they mentioned they prepared to make things easier for everyone. Reading those papers, you are confused, since neither of them ever mentioned anything to you about…

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Estate Planning Mistakes

Estate Planning Mistakes One of the most common mistakes I see in estate planning is when the person making the plan does not speak to the individual she or he wishes to appoint as thier personal representative. Whether a Will or a Trust, it is critically important that the person chosen in this capacity is…

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Most Common Estate Planning Documents

Most Common Estate Planning Documents The most common Estate Planning Documents are the Revocable Living Trust, Will, Durable Power of Attorney for Health Care, Advance Health Care Directive (Living Will), and Durable Power of Attorney for Finances. A Revocable Living Trust is used to avoid probate. A Will avoids having the State of Florida determine…

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Social Security Trial Work Program

I am often asked whether or not someone receiving Social Security disability benefits can return to work and still receive their benefits. The short answer to that question is a qualified yes. Social Security offers what is called a Trial Work Period, allowing a disabled person to test their ability to return to work, for…

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Probate Intestate Checkist Broward

Probate Intestate Checklist Broward County Did you know that if a relative dies having neglected to prepare a Will, you are required to file the following forms/information with the Probate Court in Broward County before their assets can be distributed: A copy of the decedent’s death certificate. Proof of payment of the decedent’s reasonable and…

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Revocable Trust and Nursing Home Care

Revocable Trust and Nursing Home Care Did you know a Revocable Trust does not protect your assets from payment for nursing home care? Unfortunately, some people believe once they transfer their assets into a Revocable Trust, they will be protected, should they require nursing home care and subsequently apply for medical assistance. Untrue. Because the…

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