Legacy Law Firm Merger

Dear Friends:

I am very excited to announce the merger of The Legacy Law Firm, LLC with Burke Faulkner Law, P.A. effective May 8, 2017. The firm will operate under the name Burke Faulkner Law, P.A.  We will operate from the office located at 3106 Palm Harbor Boulevard North, Suite B, Palm Harbor, Florida 34683, the phone number will remain unchanged and an additional phone number is 727-781-7428. Our website will be burkefaulknerlaw.com, and my email will become cristin@burkefaulknerlaw.com, though my current email will continue to be operational for a few months.

I hope you will join me in celebrating this major milestone. I look forward to continuing our professional relationship.  Please visit the new website here to meet the new lawyers.

Very Truly Yours,

 

 

 

Cristin Buell, Esq.

Burke Faulkner Law, P.A.

3106 Palm Harbor Blvd. N., Suite B

Palm Harbor, FL 34683

727-781-7428

Cristin@BurkeFaulknerLaw.com

We Hope the View Never Changes

Each morning as I wake up, thankful for life and thankful to be able to see the wonderful views around us, I wonder if the view will ever change.  Intellectually, I know it will with life’s curve balls.  But we all hope that it won’t, or want to think that it won’t.  Every day I hear or read stories about people passing away unexpectedly and at such young ages.  This is why it’s important to have an estate plan, regardless of age or situation.  Each person’s plan can and should be tailored to that person’s situation and goals.  Estate Planning Lawyers can make that happen.  Here are the top objectives to think about for an estate plan.

1. If you can’t make health care decisions for yourself due to incapacity, who do you want to make those decisions for you? For this, you will need a Designation of Health Care Surrogate.
2. If you can’t make financial decisions for yourself, who do you want to make those decisions for you? For this, you will need a Power of Attorney.
3. If you pass away, who do you want to receive you assets? Who do you want to raise your children? Who do you want to be responsible for your children’s inheritance? Who do you want to be in charge of your estate? These questions can be addressed in a will.

In all of the above questions I use the word WANT because if you don’t have an estate plan, then the person you may want to have the authority above, may not be the person that gets it if a court has to get involved.  Remember, we’re not all invincible and a knowledgeable estate planning attorney can help you make a good estate plan.

~Cristin Buell, Esquire 813-925-8083

http://www.thelegacylawfirmllc.com

Disclaimer: The content in this internet website is for informational purposes only and should not be construed as legal advice. Please contact an attorney for legal advice.

Florida Electronic Wills Act

Check out this article…something new with the change of technology.

Florida Electronic Wills Act

Real Estate as Part of Your Estate Plan

If you own a home or several real properties, it’s is worth looking into how to transfer these upon death to avoid probate. A few options are: 1) creating a trust, 2) joint ownership, or 3) transfer on death deeds, also known as lady bird deeds here in Florida.

• ·         By creating a trust, and transferring the property into the trust, the person you name as successor trustee to take over after you pass away will have quick access to the trust assets and be able to distribute them according to the trust agreement. This will avoid the time and cost of going through probate.

• ·         If you own property joint tenants with rights of survivorship, when you pass away the entire property will pass directly to the other owner(s). However, don’t confuse this with joint tenants in common. With tenants in common, you own a portion of the property and when you pass away this portion will still have to go through the probate process to pass to your designated heir.

• ·         Transfer on death deed, Lady bird deed, Enhanced Life Estate Deed are all the same – the name depends on the state you’re in and not all states recognize this type of deed. In Florida it is known as a Lady Bird Deed and with this deed you maintain all ownership rights to the property but you can designate an heir to immediately receive the property upon your passing.

Do your research and speak with an estate planning lawyer to learn which option is best for your particular situation. Everyone’s situation is different and their estate plan should be tailored accordingly.

 

~Cristin Buell, Esquire 813-925-8083

http://www.thelegacylawfirmllc.com

Disclaimer: The content in this internet website is for informational purposes only and should not be construed as legal advice. Please contact an attorney for legal advice.

AVVO answers

There are various questions and answers provided by lawyers on AVVO that might help you as well. Here’s a recent response:

https://www.avvo.com/legal-answers/is-there-a-way-to-recover-back-owed-child-support–2972669.html?answer_id=7297851#answer_7297851

By Law, Hospitals Now Must Tell Medicare Patients When Care Is ‘Observation’ Only

By Law, Hospitals Now Must Tell Medicare Patients When Care Is ‘Observation’ Only

Florida Spousal Elective Share

Here are a few things you should know about the Florida Spousal Elective Share if you pass away before your spouse, regardless of some planning you may have done.

1. The elective share amount it 30% of the elective estate
2. The elective estate includes:

• The Probate estate (Assets that must pass through probate)
• Joint accounts (even joint with people other than the spouse), Pay on Death accounts (even if the beneficiary is NOT the spouse), Totten Trusts
• Property held in joint tenancy by the entireties
• Life insurance (even if the spouse is not the listed beneficiary)
• Pensions and retirement funds
• transfers made within 1 year of death
• Property passing directly to the spouse

3. Elective share can be waived by written agreement
4. Elective share can be barred under certain circumstances

Considering the above, it would be beneficial to have an experienced estate planning attorney look over your plan and discuss the best option to achieve your goals. The statute for the elective share can be found at Florida Statute Section 732.201-732.2155.

~Cristin Buell, Esquire 813-925-8083

http://www.thelegacylawfirmllc.com

Disclaimer: The content in this internet website is for informational purposes only and should not be construed as legal advice. Please contact an attorney for legal advice.

You never know when something could happen to you…

It’s important to make sure your estate planning documents are in order because you never know when or what age something could happen to you.

 

‘Game of Thrones’ actor Neil Fingleton dead at 36

http://www.foxnews.com/entertainment/2017/02/26/game-thrones-actor-neil-fingleton-dead-at-36.html

The Problems With Probate – Article

This is a great article about probate. Take a second to read it.

 

http://www.tcpalm.com/story/specialty-publications/your-news/martin-county/reader-submitted/2017/02/14/problems-probate/97893986/

Why Should I have a Backup on my Estate Planning Documents?

Many times when drafting an estate plan, people will name their kids or family members, or close friends as a beneficiary on their accounts and in their will.  Quite often they will use the same people or other close family or friends as their Health Care Surrogate and/or Power of Attorney.  What people forget is that families and friends often travel together and accidents happen all the time, all around us.  So it is important to have backup, or contingent, beneficiaries and agents listed in case one of those accidents happens to you or your loved ones. It’s not fun to think about, but it’s almost necessary.  Be in control as long as you can to help protect your legacy.

~Cristin Buell, Esquire 813-925-8083

http://www.thelegacylawfirmllc.com

Disclaimer: The content in this internet website is for informational purposes only and should not be construed as legal advice. Please contact an attorney for legal advice.