Frequently Asked Questions for Florida Elder Law Attorneys
Estate planning
- Why do I need a will if I want my whole estate to go to my children?
- If I get a living will, how do I know that reasonable measures will be taken to extend my life?
Probate and trust administration
- Won’t they just read my will, and then do what I asked?
- 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 Williams Attorneys
Why do I need a will if I want my whole estate to go to my children?
If you pass away without a will, 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! Put your intentions in writing, always.
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.
Won’t they just read my will, and then do what I asked?
Such a simple scenario does sound appealing, but every will has to go through probate court. Your executor will work with the court and your attorney to pay off any debts or obligations that you have on your estate. Then, your assets will be 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 draw up your will with a lawyer, who will be able to represent you and defend your decisions in the probate court.
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 a social 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 the garnishing of your estate by Medicaid itself. You need to work with an experienced elder care attorney like Grady Williams 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 will help you to be comfortable and secure. It is true that family members are also thinking ahead about the ultimate distribution of your estate, but it is appropriate to plan at all levels. When there is discussion of guardianship, Grady Williams Attorneys have the experience and empathy to help the whole family understand the options at hand.
Call our Jacksonville law office for help
Grady Williams Attorneys can answer all of your questions about estate planning, probate, trusts, and elder law. Just ask us.
