Frequently Asked Questions for Florida Elder Law Attorneys
Estate planning
- Why do I need a will if I want my entire estate to go to my children?
- Can I minimize the chances that my children will be involved in will litigation in Jacksonville?
- If I get a living will, how do I know that measures will be taken to extend my life?
Probate and trust administration
- Will survivors read my will and then just do what I asked?
- I am facing Jacksonville trust litigation. How can you help me?
- I want to set up a trust, but what if none of my children want the responsibility?
Elder law
- Isn’t Medicaid automatic if I am over a certain age?
- My son wants to become my guardian. Is he trying to get my money?
Legal answers from Grady H. Williams, Jr., LL.M., Attorneys at Law, P.A.
Why do I need a will if I want my entire estate to go to my children?
If you pass away without a will, then your estate will be distributed according to Florida state law. This form of distribution may or may not be in line with your wishes. A will provides clarity and certainty. It also allows you to appoint an executor. If you do not, then the court will appoint one—often the first person who shows plausible interest! Always put your intentions in writing.
Can I minimize the chances that my children will be involved in will litigation in Jacksonville?
The first step to helping your children avoid Jacksonville will litigation is to craft a legally sound will with one of our attorneys. Then, discuss your wishes with your family, making them aware of your requests for the future, and how you took steps with us to ensure that they will be carried out.
If I get a living will, how do I know that reasonable measures will be taken to extend my life?
You are probably thinking of a DNR. Hospital shows on television have heightened public awareness of the do not resuscitate order, which instructs medical workers not to take extraordinary measures to prolong life. However, a living will is a much broader and ultimately more empowering document. You express exactly what kind of treatments you want in the event that you are incapacitated, including a definition of what life support treatment means to you, and when you would and would not want it. You should create a living will with Grady Williams Attorneys to gain true peace of mind.
Will survivors read my will, and then just do what I asked?
While such a simple scenario may sound appealing, your estate may still have to go through probate court. Your executor works with the court and your attorney to pay off any debts or obligations that you have on your estate. Then, your assets are distributed according to your instructions, but the probate court will be available for any interested parties to express their displeasure with the outcome. This is why you need to draw up your will with a lawyer, one who can represent and defend your decisions in the event of Jacksonville probate litigation after your passing.
I am facing Jacksonville trust litigation. How can you help me?
If you are the executor of a trust, you know that you bear a great responsibility. At times, trust and estate litigation is the only way to protect the trust and fulfill your duties. Other times, you may find yourself in the midst of a legal conflict that you did not anticipate. Either way, the experienced trial lawyers at our firm can examine and defend choices you need to make regarding the estate.
I want to set up a trust, but what if none of my children want the responsibility?
First, you should ask your adult children—they might surprise you with their interest in taking on the responsibility. If you determine that your children are not the best choice, you can name almost anyone as your trustee. It can be a family member, friend, or professional advisor. Be sure to consider:
- The person’s qualifications
- Possible friction with other beneficiaries
- The potential burden you are placing on that individual
The trust agreement should allow the trustee to be assisted by qualified professionals. Grady Williams attorneys can review your options with you.
Isn’t Medicaid automatic if I am over a certain age?
No. Medicare—not Medicaid—is a virtually automatic insurance benefit if you are retired and receive Social Security benefits. But Medicaid is an income-based program for the financially needy. You must prove that you are on a low, fixed income and have few assets. If you do not prepare your application carefully, you risk the loss of your home, and may even have your estate garnished by Medicaid itself. You need to work with experienced elder care attorneys, such as those at from our firm, before you enter into a Medicaid agreement.
My son wants to become my guardian. Is he trying to get my money?
It can sometimes be hard to understand the motivations of your relatives, especially when it comes to issues such as guardianship. Most likely, your son has your best interests in mind, and wants to create an arrangement that can help you feel comfortable and secure. It is true that family members are often also thinking ahead about the ultimate distribution of an estate, but it is appropriate to plan at all levels. At Grady H. Williams, Jr., LL.M., Attorneys at Law, P.A., we can help when there is discussion of guardianship. We have the experience and empathy to help the whole family understand the options at hand.
Contact us regarding trust litigation in Jacksonville
When it comes to estate litigation in Jacksonville, you need confident legal guidance. Our team at Grady H. Williams, Jr., LL.M., Attorneys at Law, P.A. has the experience and the compassion to partner with you in the journey ahead. Contact us online or at 904-637-1489.
