Golden Glasko & Associates, P.A Miami Probate Lawyer | Litigation, Estate Planning2024-03-18T13:27:57Zhttps://www.miamiprobate-gg.com/feed/atom/WordPress/wp-content/uploads/sites/1101374/2020/12/cropped-Golden-Glasko-site-icon-32x32.jpgOn Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=496132024-03-18T13:27:57Z2024-03-18T13:27:57ZWhen is guardianship the right choice?
As your parents age, bodily changes and health conditions such as dementia may make it hard for them to make good decisions for themselves. They could start struggling with everyday tasks such as eating, bathing or using the restroom.
Even when you try to help, they are adamant about holding on to whatever autonomy they have left. However, this can put them in dangerous situations, particularly if they refuse to take their medication, undergo treatment or move into a nursing home.
Older adults are also prime targets for scams and financial abuse. If you witness your parent consistently making financial decisions that do not feel right or subjecting themselves to fraud, it may be time for you to intervene.
Although there are many ways you may support your parents, adult guardianship in Florida can allow you to take over and legally make decisions on their behalf.
The demands of adult guardianship
Simply put, guardianship allows you to protect your loved one when they can no longer look after themselves. However, taking on this role carries a heavy responsibility. As a guardian, you gain the authority to make decisions regarding your parent’s money, health and daily life. This could mean deciding where they live, what they eat and the medical treatments they receive.
Guardianship can be tough for a child. Your parent will heavily depend on you, which can take up a lot of your personal time. It can also be emotionally challenging to personally witness your parent’s mental or physical decline.
Despite these obstacles, being a guardian may bring you comfort from knowing that your parent is safe and well cared for. If you're considering guardianship, it may be a good idea to talk to an experienced lawyer in Florida. They can help explain what the role entails and guide you through the process of becoming a guardian.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=496112024-03-13T11:08:36Z2024-03-13T11:08:36Zauthorize the agent to give directives for the estate owner’s health condition. It may also allow an agent to make financial decisions such as paying bills, making investments and selling property.
The types of powers of attorney
There are some limitations to what an agent can do on behalf of the estate owner. It all depends on the scope of authority granted. The scope defines the three types of POA:
Durable: This is the most common type. It’s useful for estate planning because it generally continues to be effective even if the owner becomes incapacitated. The document should specify that the POA survives the owner’s incapacity.
General: This type, which expires upon incapacity, gives the agent broad powers and lists all the activities that they can do. For example, financial business provisions may include answering questions for a financial planner and signing documents for a home closing.
Limited: This applies to a specific act that an agent must do. An owner’s medical directive can be a do-not-resuscitate order. A single financial directive can be about selling a particular residential property.
Whatever type of POA an agent holds, the commitment to their fiduciary duty should be consistent. They must always act in the best interests of the owner. This should remind an owner to put a premium on reliability and transparency when choosing an agent.
Paving the way for your estate’s continuity
Adding a POA to an estate plan may ensure continuity in case something bad happens. Choosing the right type of POA will keep your agent in check. With a sound POA and a trustworthy agent, you and your beneficiaries can get assurance of greater protection for the estate.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=496092024-02-28T15:01:23Z2024-02-28T15:01:23ZLimits to what a guardian can do
A guardian's authority is limited to what is granted by the court. This grant can include a full authority over an incapacitated person's affairs or may limit the guardianship to certain areas, such as property management or healthcare decisions. The court makes its decision based on the level of capacity of the person under guardianship, among other considerations.
Decisions in the ward’s best interests
When making important decisions, guardians should always consider the best interests of the person under guardianship, including wishes and prior declarations when possible.
For instance, when managing assets, a guardian should do so prudently and in the ward's best interests, which includes investing assets wisely and avoiding any conflicts of interest.
Respecting the rights of the person under guardianship
With guardianship, the ward retains all their legal rights and freedoms except those explicitly limited by the court. For example, unless the guardianship order specifically removes the ward's right to vote, they retain that right and the guardian should respect that.
Taking advantage of experienced guidance
Court oversight ensures guardians act in the ward's best interests, with authority granted only as necessary, ensuring decisions respect the ward's autonomy and are the least restrictive options available.
Navigating these guardianship intricacies often requires the aid of a guardianship litigation attorney who can offer invaluable guidance to ensure compliance with laws, protect the ward’s interests and provide peace of mind for all involved.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=496062024-02-21T19:55:16Z2024-02-21T19:55:16ZDuring the grieving process, the emotions of family members are high. Reading the last will and testament among family members and close friends is a vulnerable situation. While it should serve as closure and the first step to moving forward, it could also create a heated argument between the beneficiaries. Sometimes, a will might sound like it was written by a different person, and this could be because of undue influence.
What is undue influence?
When the author of the will is quite old or is in poor health, they could be easily swayed by others. Undue influence often involves a third party, pressuring the will’s author to include them or someone else in the will. This is a legally recognized issue that could invalidate a will.
How to notice possible undue influence?
One of the most common signs of undue influence is when the will favors a person with less right to the inheritance over the other natural beneficiaries. For instance, if a caretaker or a distant family member became a beneficiary over the author’s legitimate son. While this does not automatically mean that this decision was forced, it could sound suspicious especially when it was a sudden revision.When the benefiting person was heavily involved in the will writing process, it could also be a sign of undue influence. It becomes more suspicious when they are also involved in selecting a lawyer and in finalizing the will.
What happens next?
In this situation, family members might want to contest the will. They will have to go through estate litigation, filing necessary documents with the court. This process could take a short amount of time or several years. Losing a loved one is a heartbreaking experience. It becomes even more unbearable when you notice that their final wishes aren’t something truly representative of their desires. Undue influence is a sensitive issue and it is best to consult legal experts when challenging the validity of a will.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=496042024-01-31T15:34:05Z2024-01-31T15:34:05ZMisconception 1: Probate is always a lengthy and expensive process.
While probate can be time-consuming and costly in certain situations, it is not always true for all probate cases. Some estates qualify for simplified procedures that can expedite the process, especially if the estate is small or not complicated. Ultimately, the duration and costs of a probate will depend on the unique circumstances of each case.
Misconception 2: Probate is only for large estates.
Probate is not exclusive to large or wealthy estates. It applies to estates of varying sizes, though some states, like Florida, have simplified procedures for smaller estates.
Misconception 3: All assets go through probate.
Not all assets are subject to probate. Some assets, such as those held in a trust, life insurance policies with named beneficiaries and accounts with payable on death (POD) or transfer on death (TOD) designations, bypass the probate process.
Misconception 4: The state takes all estate assets if there is no will.
If someone dies without a will, their state’s intestacy laws outline rules on who inherits the estate. Typically, the decedent's next of kin, such as their spouse, children, parents or siblings, will inherit, not the state. However, the estate is still subject to payment of debts and similar obligations to the state and other creditors.
Misconception 5: Only family members can be executors.
An estate’s executor can be anyone an estate owner trusts to fulfill their wishes, not necessarily a family member. In case a family member has been named as an executor and is subsequently removed from the role, the court can assign another individual who is not blood-related to the decedent as the new executor.
By dispelling common misconceptions in probate, involved parties can approach the process with a clearer perspective.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=496022024-01-23T10:43:52Z2024-01-23T10:43:52ZFinancial indicators
Abuse of estate guardianship often manifests financially. Unusual or unexplained transactions are common telltale signs indicating unauthorized or improper use of estate funds. Moreover, significant financial losses in the estate can be a sign of mismanagement of assets due to the guardian’s neglect of fiduciary duties. Lastly, a guardian's personal gain, simultaneous with the estate's financial loss, may indicate the exploitation of assets.
Behavioral signs
Sometimes, abuse of guardianship power is not apparent on paper but is evident in the guardian’s behavior. If a guardian makes sudden changes in the owner’s estate planning documents, fails to practice transparency in their management and record-keeping or resists the estate beneficiaries’ involvement in the process, they may be guilty of abusing their guardianship power.
Other indicators
Abuse of guardianship may also be apparent in the legal and ethical aspects of the process. For instance, a guardian who lets others influence their estate decisions, disregarding impartiality and the ward’s best interests, should be investigated for abuse. Moreover, any violations of guardianship rules signify a breach of the guardian's responsibilities, undermining the trust inherent in the role.
Recognizing signs of guardianship abuse is critical in protecting owners, their estates and beneficiaries. By keeping alert to inconsistencies, conflicts of interest and legal breaches, we can ensure guardians uphold their duties, preserving the integrity of the estate and protecting the well-being of those who depend on it.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=495992024-01-11T14:23:02Z2024-01-11T14:23:02ZVague beneficiary instructions
Ambiguous instructions can lead to complications during asset distribution. When designations are vague, such as referring to beneficiaries as "my children" without specifying names, it leaves room for multiple interpretations.
Additionally, disputes can arise about the intended recipient if a document identifies a beneficiary only by a relationship or a nickname that could apply to more than one person.
Failure to update beneficiary designations
Outdated beneficiary designations can result in an asset distribution that no longer aligns with the estate owner’s current or latest intentions. Changes in circumstances, such as divorce or remarriage, often require updates to reflect the owner’s latest wishes. Without these updates, ex-spouses could inadvertently receive benefits meant for current partners or new children might not receive anything at all due to unintentional omission.
Hierarchy conflicts between beneficiaries
Disputes between multiple beneficiaries can stem from misunderstandings about the order of precedence. Primary beneficiaries are first in line to receive assets, but if they pass away before the estate owner does, contingent beneficiaries may inherit instead. Without clear communication of the owner’s intentions, conflicts among potential heirs may arise.
These issues can delay an estate's administration and result in additional costs. Nonetheless, you can avoid them by meticulously preparing your estate plan and regularly updating your documents. This way, you can ensure they accurately reflect your current life situation and wishes.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=495962023-12-29T11:23:05Z2023-12-29T11:23:05ZLooking at the testator’s intention
In some cases, testators fail to include their children in their wills for reasons such as not knowing they had that particular child or was not able to update their wills after the child was born and before they died.
When a will does not include the name of a child born or legally adopted after its execution, the courts will look into the facts and circumstances to determine whether the exclusion was intentional.
If it appears that the exclusion was a mistake, the child or an interested party can challenge the will for this reason. The child can receive their share of the decedent’s estate if the court determines that the testator inadvertently omitted them from the will.
Otherwise, the court will treat a child as disinherited if it shows that the testator purposefully left them out of the will.
A limitation: When the child receives an advance equivalent
Aside from proving the fact that a child born or adopted after the will’s creation has been omitted from the document, the individual challenging the will should also show that the child did not receive an advance equivalent to their share of the testator’s estate for the contest to stand.
A child being left out of a will indeed raises questions and potentially be a ground to challenge its validity. However, it still depends on the unique circumstances of each case. It is crucial for concerned parties to meticulously explore options and if possible, seek legal advice to understand their rights and the potential implications of initiating a contest.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=495922023-12-14T14:59:45Z2023-12-14T14:59:45ZHowever, this is not necessarily true. There can be misconceptions and misunderstandings surrounding probate, forcing people to seek estate planning solutions that may help them avoid it. Still, there is no assurance that these options are any better. Yes, avoiding probate can save time and money in some cases. But it might only happen in specific situations. Other estate planning tools can be equally, if not more, expensive to establish. Depending on the circumstances, other options can also take longer to process.
As an example, trusts can be more costly than going through probate. This tool can come with expenses and extensive requirements that may also have accompanying fees. Some trusts also involve excessive procedures after the grantor's death, necessitating asset inventory, appraisal and distribution. The trustee must also pay off the deceased's creditors and file taxes as needed, like probate.
Seeking help when creating an estate plan
The difference between probate and other estate planning tools could lie in features that serve different purposes besides estate management after death. Because of this, seeking legal guidance when crafting an estate plan is crucial. Receiving experienced insight can provide better direction on which options can offer more benefits. Valuable advice from a professional can also help make the estate plan effective in addressing unique circumstances that may arise from case to case.]]>On Behalf of Golden Glasko & Associates, P.Ahttps://www.miamiprobate-gg.com/?p=495902023-12-05T12:47:52Z2023-12-05T12:47:52ZFreedoms wards are entitled to
Guardianship may take away certain rights, such as the ability to vote, marry, travel, work or hold a driver’s license. Nevertheless, a ward still retains many important liberties. A few are:
To receive humane treatment and protection from abuse or neglect
To have their preferred place or standard of living honored
To know how the guardian is managing their property
To have legal counsel
To receive and communicate with friends, family or others
To be restored to capacity
To review the need for restriction of their rights
While guardianship offers benefits to the ward and their loved ones, this legal arrangement can also place them in a vulnerable position. While guardians have great authority over many aspects of the ward’s life, they must always act in the ward’s best interests.
Mishandling of assets, the ward’s poor health, notices of overdue bills and unexpected changes to financial documents are possible indicators of guardian incompetence. A guardian who breaches their fiduciary duty may be subject to removal.
If there is any suspicion that a guardian is no longer acting in the ward’s best interests, it is crucial to take immediate action.
Securing adult guardianship for elderly loved ones is a tough decision. It can provide peace of mind, but it may also strip away certain liberties from the ward, giving way for abuse to happen. An attorney can provide legal guidance on whether this arrangement is the best choice.]]>