If I am given power of attorney, can I also receive a gift?
If I am given power of attorney, can I also receive a gift from the person who named me their power of attorney?
The Basics of Estate Planning Clearwater Documents
While estate planning may seem a daunting task, understanding your estate planning Clearwater documents typically involved can take a lot of the mystery out of it.
Health Care Directive
One of the most important documents in your estate plan is your Advanced Health Care Directive. This document allows you to nominate agents to make health care decisions for you in the event you are unable to do so yourself. Further, it permits you to be specific as to the type of treatment you do, and do not, want. It can be clear in explaining any end-of-life treatment decisions you may choose, such as maintaining or withdrawing life support, or organ donations. Finally, it should include clear HIPPA releases which allow your agents to access your medical records and deal with health insurance issues. Consult with your Clearwater estate planning attorney to assist in drafting this important document.
Financial Power of Attorney
In the event of your incapacity, it is important that your bills continue to be paid, your assets managed, and your family provided for. This can be accomplished through the power of attorney, in which you nominate an agent to handle these matters on your behalf. The power of attorney can be effective immediately, or only upon your incapacity. Additionally, it can give limited or broad powers to your designated agent. Your Clearwater estate planning lawyer can guide you in determining how best to construct this document.
Will
Your will designates an executor to administer your estate after your death. Your executor is empowered to pay bills of the estate and file tax returns, managing your estate until it can be properly distributed to the beneficiaries named in this document. Again, it is important to discuss your goals with your Clearwater estate planning attorney.
Living Trust
This is a very powerful document which nominates your successor trustees who will manage trust assets upon your incapacity or at your death. It designates beneficiaries who will inherit your estate at your death, but also ensures that you designate a professional fiduciary or trusted friends or family members to manage the estate on your behalf, during your lifetime, if you are unable to do so yourself. Again, the Clearwater estate planning attorneys at the Coleman Law Firm can assist you in preparing this document.
Contact Us for More Information on Estate Planning Clearwater Documents
Contact the Coleman Law Firm at 727.461.7474 or toll free at 866.461.7474 to prepare or review your estate plan.
Dunedin Estate Planning Attorney Offers Tips and Advice on Estate Planning
Proper estate planning is essential for people of all ages. Here are some tips from a Dunedin estate planning attorney to help you get the most out of your estate plan.
Essential Documents
- Will and/or Trust
- Health Care Directive
- Power of Attorney
A will is a testamentary document which nominates an executor to administer, and names beneficiaries to inherit, your estate. You can also make provisions for minor children, including naming a guardian for them.
Consult with your Dunedin estate planning attorney to determine whether a trust is advisable for you. The advantages of a trust include the ability to avoid probate (a court process administering your estate after your death), potential tax advantages, and privacy. Unlike a will, which becomes a public record, your trust generally will avoid probate and allow your estate plan not to become publicly known.
Your advance directive for health care allows you to direct your end-of-life care as well as nominates agents who can make health care decisions for you in the event you are unable to do so.
Your Dunedin estate planning lawyer can draft a power of attorney on your behalf which names your agents who will act on your behalf in the event of your incapacity. You need not empower your agents now, but planning in advance can allow your named agent to swiftly manage your estate if you are incapacitated and ensure that your obligations are being met and your family is protected.
Regular Review
Once in place, you should regularly review your estate plan with your attorney to ensure that your needs are continuing to be met. Most changes to estate plans result from the following:
- Change in tax laws
- Change in family circumstances such as births, deaths, marriages, divorces
- Change in net worth
- Change in assets owned
- Moving your residence
- Purchase or sale of a business
- Minor children reaching adulthood
- Change in the choice of named executors, successor trustees, and agents.
It is very important to discuss each of these changes with your attorney as they happen. For example, a change in tax laws could mean that you are not getting the most from your estate plan as written. Similarly, consultation with your lawyer could alert you as to issues regarding your investment portfolio.
Contact a Dunedin Estate Planning Attorney
Contact Mr. Coleman at the Coleman Law Firm at 727.461.7474 or toll free at 866.461.7474 to prepare or review your estate plan.
Proper estate planning can ensure that your wishes are observed, and you and your loved ones
are protected.
Health Care Decisions Explained By a Clearwater Estate Law Attorney
Have you considered who will assist you in the event you cannot make health care decisions yourself? What if you are in an accident and cannot be consulted about your own health care? What if you require long-term care? These are real issues faced by many. Ensure that your wishes are known and that your desired agents are empowered to carry out those decisions through consultation with a Clearwater estate law attorney at the Coleman Law Firm.
Guardianship of Minor Children
Proper estate planning with a Clearwater estate law attorney can ensure that you have provided for minor children. Who will be their guardians? Will their guardian also be the financial trustee of your estate? These decisions must be carefully considered.
A Loved One with Special Needs
If you have a family member who will inherit, is that person suited to manage the assets received? Perhaps your loved one has a disability qualifying for public assistance. Will an inheritance disqualify them from receiving future benefits?
Issues Which May Endanger an Inheritance
Perhaps your loved one has or had a substance abuse issue for which management of an inheritance is warranted. Does a family member have a marriage which may end in divorce? Does a family member have a spending problem, or perhaps he or she is not adept at managing assets. In any of these cases, you may consider establishing a trust which would benefit that family member without risking the loss of the estate through profligate or unwise spending. A candid discussion with your Clearwater estate law attorney at the Coleman Law Firm can address potential problems and identify solutions.
Privacy
A probated will is a public record, meaning that anyone could conduct a search to determine what assets are in an estate and who the beneficiaries are. A trust can avoid this situation since it is a private document which is generally administered without court intervention.
Tax Issues
Transferring assets through inheritance or gifts can lead to unintended tax consequences. Estate, capital gains, income, and gift taxes are just a few traps for the unwary, the impact of which consultation and proper planning with your Clearwater estate law attorney can minimize.
Contact Us
Call the Coleman Law Firm at (727) 461-7474 to discuss these and other estate planning issues.
Orlando Man Arrested in $2 Million Dollar Fraud Scheme
The Florida Office of Financial Regulation announced on January 14, 2015 that they had arrested
Gus Papathanasopoulos, owner of Neofat Industries, Inc., a/k/a Microlipid Technologies. Mr. Papathanasopoulos was arrested on one count of securities fraud, 18 counts of selling unregistered securities and 18 counts of selling securities as an unregistered agent.
Mr. Papathanasopoulos solicited more than 100 investors located throughout the United States and Europe. In return for their investments, individuals were told they would receive stock in his Orlando based company, Neofat Industries, Inc. According to the Office of Financial Regulation (“OFRâ€), the company is alleged to be an empty shell with no legitimate business activity. It was suggested by the OFR that all of the money raised by Mr. Papathanasopoulos was used for his personal benefit.
Mr. Papathanasopoulos was being held in the Orange County Jail, but it is not known if he is still there at this time.
This is just another example of why we here at the Coleman Law Firm recommend that you check out who you are really doing business with BEFORE you make that investment. It is so important to check with www.finra.org to ensure that your broker is duly registered with a broker dealer, and that you also check out the broker dealer where your broker is employed. You want to go to the “BROKER CHECK†box on the main page of the FINRA website. You can see how long your broker has been in the business, if he has had any regulatory issues in the past or is currently involved in one, and if he has had other customer complaints. You don’t want to hand over your life savings to someone that was selling used cars just a month before you became his client unless you find he is under the careful eye of an experienced manager.
If you have any additional questions on how to check out your broker, please do not hesitate to give us a call or drop us an email. Our phone number is (727) 461-7474 or email us at jeff@coleman law.com. We would much rather be assisting you with your estate planning asset management than trying to recover lost assets.
Estate planning is not simply an exercise for the elderly, but a prudent step for any adult. It is a 
valuable gift you can leave your family, which, with your proper planning, will be spared the expense and distress often associated with administering an intestate estate.
Will
This is the most basic document in your estate plan. It provides for disposition of assets at death and appoints an executor to administer the estate. A will’s advantage is orderly estate administration. Additional benefits include nominating guardians for minor children, leaving funds for education, providing for the care of pets, and ensuring the continued operation or disposition of a business. Consultation with your Clearwater estate law attorney can help you ensure your will addresses issues significant to your family.
Health Care Directive
Your health care directive identifies an agent enabled to make care decisions for you if you cannot. This document can provide for your wishes relative to organ donation or life support. Making your wishes known in advance can avoid contentious future litigation, and can give your loved ones the comfort of knowing they are following your wishes.
Power of Attorney
Your Clearwater estate law attorney can assist you in drafting a power of attorney nominating an agent who will be able to handle your affairs if you are unable to do so. In the event of your incapacity, bills still need to be paid, your investments need to be managed, and your family cared for. Your agent under power of attorney will have the authority to act on your behalf if you cannot to ensure your obligations are being met.
Living Trust
You can establish a living trust after consultation with your Clearwater estate law attorney that will provide substantially the same benefits as a will, and offer you significant additional benefits as well. Like a will, your trust can provide for disposition of assets at your death to ensure your family, pets, business, and other interests are provided for. Unlike a will, though, your living trust can avoid the necessity of probating your estate.
Contact A Clearwater Estate Law Attorney
Call a Clearwater estate law attorney at the Coleman Law Firm, 866.461.7474, to discuss establishing an estate plan to benefit your family.
Information Your Estate Planning Attorney Needs
When you meet with Tampa FL estate planning lawyers, you may be asked to provide information regarding yourself and your estate needs. Here is a brief list that Tampa FL estate planning attorneys may request of you.
Background Information
Be prepared to provide information that can help identify you, including your name, address and date of birth. Tampa FL estate planning lawyers will also likely ask for your contact information to update you when your documents are in order.
Liabilities
In addition to providing Tampa FL estate planning attorneys with information regarding your assets, also be prepared to provide information about your liabilities. Have your mortgage, credit card debt, business debt and guarantee information ready.
Current State of Affairs
Tampa FL estate planning lawyers need to know whether their clients have taken any other steps to prepare for death or incapacitation. When they prepare clients’ wills, they must expressly revoke other wills, if applicable. Additionally, they will want to know whether the testator has provided for any previous taxable gifts. Your attorney will want to know whether you want to include a trust for minor children or other beneficiaries, as well as the identity of all of your intended beneficiaries. If you have unique estate planning needs, such as making charitable gifts, providing for disabled loved ones or simplifying the probate process, communicate this information to your attorney.
Fiduciary Information
It is important to provide your lawyer with information regarding the individual that you want to help handle your financial affairs. Include contact information for your personal representative, as well as his or her relationship to you. Additionally, provide information for alternate or successor trustees or personal representatives. If you have minor children, discuss who you want to serve as their guardian.
If you would like to know about other information that your estate planning attorney will need, contact the Coleman Law Firm by calling (727) 461-7474.
Why You Need an Attorney In Fact for your Estate
If you are in the process of settling your estate and preparing it for your beneficiaries, a Tampa estate attorney advises why you need an attorney in fact.
An attorney in fact is the person otherwise known as the designated agent in regards to your document of power of attorney. According to a Tampa estate lawyer, this person is given the authority to handle everything under the scope of the power of attorney:
- Your personal financial affairs;
- The execution of contracts;
- Motor vehicle registration;
- Bank account transactions;
- Tax returns; and
- Real estate sales.
When the power of attorney is considered “durable,†the attorney will have power even if you are incapacitated.
The decision to select an attorney in fact is very important, as the right choice will allow you peace of mind that your affairs will be handled exactly how you specified.
A Tampa estate attorney advises that an attorney of fact must fulfill one of the two requirements in Florida:
- Must be 18 years or older and of sound mind; and
- Must be a financial institution located in Florida and have trust powers.
When choosing an attorney, a Tampa estate attorney recommends that you have complete faith in that person’s legal abilities. If you trust the competence, loyalty and devotion of your attorney, then you should proceed to make the power effective immediately. The original document should be left in the care of your attorney to make sure it is safe.
If your faith in your attorney is not strong, you may not want to grant power of attorney.
Other considerations for selecting an attorney in fact:
- Is the attorney close or convenient to you, geographically?
- Is the attorney willing to serve on your behalf?
- Does your attorney get along with the person you want to designate as your health care surrogate?
For more information regarding attorney in fact, contact a Tampa estate attorney from the Coleman Law Firm by calling 727-461-7474.
Financial Accounts That Avoid Probate
As part of your estate plan, your Tampa FL estate planning lawyer may recommend a variety of financial accounts that are designed to avoid the probate process. Additionally, these accounts can help get much needed funds in the hands of the beneficiary whom you designate.
Joint Tenants with Right of Survivorship
Your Tampa FL estate planning lawyer may recommend using this type of account that disallows creditors from reaching the proceeds in the account. Unless a signature card, agreement or contract with the financial institution specifies otherwise, the proceeds in the account pass through survivorship upon the death of the other account holder. Some individuals establish this type of account as a convenience so that another person can write checks for them. However, a Tampa FL estate planning lawyer may describe the potential drawbacks of establishing this type of account, such as making a presumptive gift to another individual.
Tenants by the Entirety
This type of account is only available to spouses. If the account was established with the unities of interest, possession, time and title, there is a presumption that a joint account held in both spouses’ names is a tenants by the entirety account.
Pay on Death Accounts
This type of account is a traditional financial account. However, your Tampa FL estate planning attorney can explain that the main difference is that the account holder can designate a person to receive the remaining balance in the account after he or she dies. The beneficiary receives no immediate right to the account or the funds in it during the account holder’s lifetime. The account holder can name one party as the beneficiary or multiple parties. Additionally, he or she can set up the account so that one of the parties listed is the trustee for the other beneficiaries.
Convenience Accounts
Your Tampa FL estate planning attorney can explain the value of using a convenience account. This type of account allows you to give limited powers to another party to assist you without having to relinquish control of the account.
If you would like to know if any of these types of accounts or any others can help you with your estate plan, contact the Coleman Law Firm by calling (727) 461-7474.
Avoiding Estate Taxes
Due to the fact that estate laws change so frequently, it can be difficult for Clearwater estate planning attorneys to devise an effective estate plan that minimizes the amount of taxes that an estate may be subjected to. In recent history, only those estates that have high values are subject to the federal estate tax. Additionally, estate tax exemptions tend to increase over time to properly account for inflation.
Federal Exemption Rate
Clearwater estate planning attorneys can explain that the federal exemption rate in 2014 was $5.34 million. This means that the value of the estate over this amount is subject to a large estate tax.
State Estate Tax
While some states also impose an estate or inheritance tax, Clearwater estate planning attorneys can explain that Florida does not impose such a tax. State estate taxes tend to have a much lower exemption rate than the federal exemption rate.
Ways to Avoid Estate Tax
If you anticipate that the value of your estate may exceed the federal exemption rate, Clearwater estate planning lawyers may advise you to take advantage of one or more of the following strategies to help reduce your tax liability.
Leave It to Your Spouse
The federal exemption rate excludes those assets that you specifically devise to your spouse. You can leave your entire estate to your spouse tax-free. However, when your spouse dies, his or her estate will be subject to the exemption rate.
Use an Irrevocable Trust
Clearwater estate planning lawyers can explain that revocable trust assets are still used to calculate the total amount of tax due because the settlor still has control of these assets. However, irrevocable trusts function differently because you do not retain control of these assets. The trust becomes the legal owner of the assets. Through an irrevocable trust, you can transfer assets to beneficiaries without incurring taxes, even if their value exceeds the exemption amount.
Use a Different Trust
Additionally, your estate planning lawyer can advise you of other potential trust options. For example, a credit shelter trust can have assets that are equal to the value of the federal exemption rate. If you establish this trust at your death, your spouse can still receive income from these assets like he or she would have if you devised them specifically to your spouse in a will. This strategy can also help you avoid putting your spouse’s estate over the federal exemption limit.
Minimize the Value of Your Estate
Another potential way that you can minimize your tax liability is by decreasing the value of your estate. For example, you can make gifts of up to $14,000 each year without having to pay gift taxes while keeping within the annual exclusion limit. Certain gifts do not count toward the annual exclusion, such as tuition or medical expenses that you pay on behalf of another person.
If you would like to learn about other ways that you can potentially avoid incurring federal estate tax, contact the Coleman Law Firm at 727-461-7474.
Estate Plan Considerations
While your Dunedin estate planning attorney can explain that the foundation of any estate plan is to provide a plan for how your property is distributed at your death, he or she can explain that estate plans involve many more principles than this. A Dunedin estate planning lawyer can help you devise a plan in case you become incapacitated and plan for other potential events that can significantly impair your finances. Here are some documents that a Dunedin estate planning lawyer may advise will be part of your estate plan.
Wills
When most people think of estate planning, they think of wills. Rather than having the state decide how to dispose of your property, a will lets you make these decisions. However, your Dunedin estate planning lawyer can explain that wills also allow parents to name a guardian for their children. Additionally, you can name an executor to oversee the process.
Trusts
Another tool that you can add to your estate plan is a trust. Trusts provide for the lawful transfer of property. Trusts can help provide for the management of assets during your life and upon your death. Trust assets are shielded from the probate process. Additionally, you can set parameters around when property should be transferred from the trust to your beneficiaries, unlike with wills.
Power of Attorney
A Dunedin estate planning attorney may recommend that you include a power of attorney as part of your estate plan. This legal relationship allows another person to make financial decisions on your behalf. They can operate while you are ill, when you become incapacitated or both.
Health Care Directives
A health care directive allows you to pre-determine how you want things to proceed when certain situations occur. For example, you can instruct medical providers not to provide you with life-sustaining treatment through the use of a living will. Additionally, you can designate a health care proxy who will have the legal right to make health care decisions on your behalf.
If you would like more information on what you should include in your own estate plan, contact the Coleman Law Firm at 727-461-7474.
Limited and General Financial Power of Attorney Designations
Many estate plans focus on what will happen after the client dies and virtually ignore what financial arrangements should be made during the client’s lifetime. If you would like to appoint another person to be able to make financial decisions on your behalf, a Largo estate planning lawyer can help establish a power of attorney for you.
Definitions
A Largo estate planning lawyer may define the following terms:
- agent or attorney-in-fact – the individual who is given the right to make financial decisions on another person’s behalf
- principal – the person who is giving the other individual the right to make financial decisions on his or her behalf
- financial power of attorney – the legal document that provides the powers that the principal gives the agent
As the principal, you can determine which powers you want to give the agent, when you want the person to start having those powers and when you want them to cease having these powers.
Some FPOAs Address Specific Situations
Your Largo estate planning attorney can explain that some financial power of attorney designations are limited in nature. These special power of attorney designations may limit the powers, such as only giving the agent the right to write checks on your behalf or the amount of time that the agent will have these powers. For example, if you inform your Largo estate planning lawyer that you will be out of the country, he or she may recommend that you provide a start and end date for the agent.
Specific Designations
Statutory power of attorney forms usually provide for general powers to be provided to the agent without you having to do much more than initial the page. However, there are certain powers that you may have to specifically list on your power of attorney document. For example, you may have to specifically state that you give your financial power of attorney the right to change your beneficiaries, trusts or will.
Commencement and Termination of Financial Power of Attorneys
A Largo estate planning attorney can explain that there are ways that you can ensure that your financial power of attorney be able to act on your behalf when needed. For example, by making the power of attorney durable in nature, your agent will continue to be able to act as your agent in this capacity even if you become disabled or incapacitated. Additionally, your power of attorney can start taking action immediately. If you are worried only about someone handling your affairs if you are incapacitated, your attorney may recommend that you use a “springing” power of attorney. All power of attorney designations naturally expire at death.
If you would like assistance in establishing your power of attorney, contact the Coleman Law Firm at 727-461-7474.
