Legal Wills

Will or Testament is a legal instrument whereby a person (testator) creates in order to make decisions on how his or her estate (which may include both personal and real property) will be managed and distributed after his or her death. A power of attorney is a legal document wherein one person (the Granter/Principal) appoints another person or organization to act as an agent on his or her behalf. The granter delegates his authority to the agent to perform certain acts or functions on his behalf. The person or organization you appoint is referred to as an “Attorney-in-Fact” or “Agent.” Legal will and power of attorney has a close relationship. Whenever a testator creates a Will, he definitely requires a person to enforce his Will according to his wishes. Therefore, executor works in the same way as an agent work in power of attorney.

Why it is important to make a Will
This is a bullet-point summary of reasons:-
You choose your own executor to carry out your wishes
You appoint a guardian for your minor children and children yet unborn (Especially for a mother to appoint a father who does not already have parental responsibility. For further information click here
You decide Whole of estate to spouse or partner for life, and residue to others
You decide who is to inherit your property and (sometimes) at what age
Avoids much uncertainty and anxiety and drawn-out procedure for your family
Enjoy peace of mind!

What happens if I die without a Will?
The main statute governing inheritance in Scotland is Succession (Scotland) Act 1964. All property located in Scotland is subject to these laws. If you die without leaving a valid will, your estate will devolve in terms of the rules of intestate succession, as stipulated in the provisions of the Succession (Scotland) Act 1964.

Who is Responsible for Managing my Estate?
The personal representative (executor) named in your Will pays all bills, gathers and protects your property, collects debts owed you, insures that income tax obligations are paid and then distributes the assets according to your plan set forth in the Will.

You may wish to pick someone who is not a member of the family if there could be hard feelings, based on your choice, or if no relative is qualified for the job. Banks with trust departments are often wise choices for this position. If you do not have a Will, the court must choose a personal representative.

How to change a Will
The only way you can change a will is by making:-
a codicil to the will; or
a new will.
Codicils
A codicil is a supplement to a will which makes some alterations but leaves the rest of it intact. This might be done, for example, to increase a cash legacy, change an executor or guardian named in a will, or to add beneficiaries.

Destroying a Will
If you want to destroy a will, you must burn it, tear it up or otherwise destroy it with the clear intention that it is revoked. You must destroy the will yourself or it must be destroyed in your presence. A simple instruction alone to an executor to destroy a will has no effect. If the will is destroyed accidentally, it is not revoked and can still be declared valid.

Net Lawman is an English company operated by Andrew R. Taylor. Most legal work is undertaken by Andrew and Rajeev Goswami, following are the relevant resource: commercial contracts, contract drafting and powers of attorney.

When it comes to your personal affairs, planning ahead can save your family problems and expense. In this video, Ontario lawyers Ian Hull and Bonnie Yagar di…
Video Rating: 4 / 5

Related Wills Articles

Pet Trusts

Leaving money to take care of pets is usually the stuff of Hollywood stories; however, it is a real issue for pet lovers. Leona Helmsley left her beloved pet twelve million dollars. Prior to the adoption of pet trust statutes bequests by pet owners to the pet in a will or trust would be the source of litigation because pets are considered chattel property and legally could not be a beneficiary of a trust. It is easier to do today because 44 of the 50 states have enacted pet trust legislation that allows a person to provide for the care of their pet if the pet outlives them. Most of these statutes are based on the Uniform Trust Code and have the following features.

The trust may be created to care for an animal during the settlors lifetime. It terminates on the death of the animal or if there was more than one animal on the death of the last surviving animal.
The trust may be enforced by a person named by the settlor or if none was appointed by a person appointed by the court.
Property of the trust can only be used for the purposes intended by the trust except to the extent the court determines the value of the trust is more than what is needed to care for the pet.

The only states that do not have pet trust legislation are Kentucky, Louisiana, Massachusetts, Minnesota, Mississippi, and West Virginia. Many persons who set up pet trusts stipulate that after the death of the pet remaining proceeds should go to an organization concerned about the welfare of animals such as the humane society.

This is complicated area of the law not really suited for self-help. See the counsel of an attorney familiar with your states trust laws to ensure a pet trust will accomplish your goals of taking care of your family member who is least able to take care of himself

Ryan Hicks Cumpton & Cumpton LLP is a leading provider of expert estate planning guidance in Mobile, AL. For more information on pet trusts and other estate planning services, visit our website.

Elderly Law Care

Florida Elder Law Attorney

As our State’s population ages, more families will want to have a clear understanding of Florida Elder Law.  This area of the law deals with the complicated legal issues common to the elderly and their families. Florida Elder Law Attorneys work to protect the rights of senior citizens and their children. At Mortellaro and Sindadinos we assist families with legal planning for all aspects of life of the elderly and their family. This legal area may include Nursing home care and contracts with nursing homes and other types of long term care facilities.  Our law firm reviews health insurance and Florida Medicaid eligibility. Other areas important to Florida Elder Law are wills and trust, Guardianship, Estate Planning and Florida Probate.

Long term Care

Seniors at some point usually need help from others to conduct their daily affairs.  At first it may simply take the form of advice and gradually may evolve to the point that a full time care taker is needed. One of the first concerns of seniors as they face advancing age is “what will happen if I get sick?”  By planning for the eventuality of long term care, seniors are able to have the best care available, preserve their assets and avoid unnecessary legal issues.

Most long term care is provided at home by a spouse or other family member.  This traditional arrangement is more challenging today for children of the elderly as both husband’s and wife’s are usually in the workplace.  A paid care giver may also be brought into the home to provide care for the elderly.  An unwanted result of these circumstances is that a family member or care giver may be in a position to use undue influence on a senior to their detriment and the detriment of family members causing the senior to make decisions that would harm themselves their assets, estate and their family.  When a Florida Elder Law attorney is there to help with long term care planning the chance of this occurring is greatly reduced.

It is important to plan ahead for the changes that naturally take place as people face the challenges of advancing age. Mortellaro and Sindadinos are experienced Florida Elder Law attorneys in Tampa serving the Tampa Bay cities of Clearwater, St Pete, New Port Richey, Bradenton and Sarasota. 

There are many requirements to qualify for Medicaid and nursing home care.  Some individuals may require the knowledge of a Florida Elder Law attorney to guild the children of seniors in Florida to a full understand of these requirements so that the parent is able to best benefit and qualify for the long term care they need. Mortellaro and Sindadinos can assist with Florida Medicaid nursing home planning, Home health care Medicaid planning, assisted living facility contracts and even the preparation of Medicaid applications.

Asset Protection

A Florida Elder attorney will be able to help seniors answer these important questions:

Will I have enough money for my long term care?
How do I get Medicare?
Will I be able to afford assisted living?
Will I be able to afford a nursing home?
How do I preserve my assets?
How do I leave money to my children but still control my assets?
Should I buy long term care insurance?
Do I need a Living Will?
Do I need a Durable Power of Attorney?

Mortellaro and Sindadinos can assist seniors and their children in answering these questions. We advise families and individuals in long term care options that meet their needs and help them understand the options available to preserve and protect assets.

You can speak to a Florida Elder Law Attorney at Mortellaro and Sindadinos

In Hillsborough County, Pinellas County, Pasco County, Sarasota County or Manatee County Florida call: 813-367-1500 to speak will a Florida Elder Law Attorney about long term care for seniors, wills and trusts, Florida Medicaid planning, Guardianships, Durable Power of Attorney, Medicaid benefits, Florida Probate law, nursing home Medicaid benefits, assisted living facilities contracts and nursing home contracts, nursing home issues as well as estate planning.  We serve the following cities in Tampa Bay for clients who need a Florida Elder Law Attorney: Tampa, Clearwater, St Pete, Palm Harbor, Brandon, Lakeland, New Port Richey, Bradenton and Sarasota Florida.

Learn how to break into the Elder Law field from recently-graduated attorneys! If you are interested in estate planning, wills and trusts, protecting elders …
Video Rating: 5 / 5

More Elder Law Articles

Jodi Arias’ Sentencing Retrial Begins With Jury Selection

Jodi Arias is approaching the final phase of her murder trial, but like many trials, this ultimate step will begin with jury selection. Arias had a 12-person jury for her last trial — a jury which was unable to reach a verdict with respect to her punishment. The woman convicted……

Continue reading this article, and get more legal news and information, at FindLaw.com.


FindLaw News – Top Stories

Bankruptcy

The least thing any established person wants to happen to him or herself is to end up having nothing, as in zero at all.  With the aftershock from the global recession, a lot of companies ended up closing, and hundreds of thousands of workers from all over the world lost their jobs.  It’s not surprising that most of these people ended up declaring Bankruptcy.

Again, everybody really doesn’t want to declare that they are already bankrupt.  Bankruptcy is a state in which the person doesn’t have any asset anymore—money or even any property.  The real measurement of bankruptcy is when a person has a lot of loans that weren’t settled.  Once a person couldn’t pay up for all his loans, what happens is that the lending company sequesters everything that the debtor has from his cash savings to all of his properties.  The worse case would be when the debtor has already given all his money and properties, yet he or she still has a remaining loan to be paid.  That means the debtor is already in a full state of bankruptcy, and that there is no other way to recover but to look for a sponsor or benefactor.  Avoiding being bankrupt is actually easy if the debtor only knows how to manage his or her loans.  Having several loans is one of the main root causes of Bankruptcy, and if you want to be spared from this very embarrassing financial state, then you have to revisit all your loans and do the necessary organization particularly to your finances so that you won’t end up getting bankrupt.  What you only have to do is to have a credit repair so that you can make the necessary adjustments to the credits that you have so that you won’t pay up for unnecessary expenses.

Aside from being familiar with all the loans that you have, avoiding Bankruptcy starts from the value of controlling oneself from incurring more loans in the future.  If you can stop yourself from getting more personal loans or from using your credit card more often, then you won’t definitely get bankrupt.

Are you looking for more information regarding Bankruptcy? Visit www.nationalcreditfederation.com today!

Jodi Arias’ Sentencing Retrial Begins With Jury Selection

By Brett Snider, Esq. Jodi Arias is approaching the final phase of her murder trial, but like many trials, this ultimate step will begin with jury selection. Arias had a 12-person jury for her last trial — a jury which was unable to reach a verdict with respect to her punishment. The woman convicted……

Continue reading this article, and get more legal news and information, at FindLaw.com.

Source::

‘The Good Wife': Good Law? – Season 6, Episode 2

By Brett Snider, Esq. After a strong start with last week’s premiere, “The Good Wife” is following up with the Cary/Bishop arc and introduces Taye Diggs as this season’s guest star. While not nearly as legally dense as the previous episode, “Trust Issues” lays down some interesting breadcrumbs for what’s to come — for……

Continue reading this article, and get more legal news and information, at FindLaw.com.

Source::

Don’t Route Vendor Payments to Scammers, BBB Warns

By Daniel Taylor, Esq. The Better Business Bureau has issued an alert to business owners about a new scam targeting business vendor payments. This scam is particularly easy to miss, reports the BBB, because unlike many other business scams which rely on selling business owners fake or useless products and services, this latest scam……

Continue reading this article, and get more legal news and information, at FindLaw.com.

Source::

Know About Elder Law

Elder law is a new field of law which deals with the legal issues related to senior citizens. This includes estate planning, laws that protect the elderly from abuse or neglect, laws dealing with medical care and insurance, trusts and will. Elder law and senior care are closely related industries which provide protection and care for the senior citizens. When it comes to the needs of our aging family members, elder law and senior care often intersect. The Elder Law is divided in to three major categories that are broken in to deeper topics. These topics are given as follows:

1. Administration and Estate Planning, Including Tax Questions: For this category, estate planning is the main focus. It does not matter whether you are very rich or not, after passing the process of knowing that who will get what parts of your estate the matter becomes straightforward. The best way to ensure the process is been smoothly completed is by having the will in place. If the will is in place then you can rest in peace by knowing that your estate will be used as per your instructions. You should hire an estate planner which will assist you with all the technicalities that go along with the probate which also include the dreaded tax situation.

2. Medicaid, Disability and Long-Term Care Issues: Due to the aging population, the Elder Law came in to existence. When people start growing old then naturally the medical related issues start occurring. In this case, Medicaid can be a great help to the old people. Medicaid is a program that is state funded. It supports those people who are low income earners. This program is very crucial as it help in ensuring that the life of the elders does not wane. About 50 states have opted in to the Medicaid to ensure that the medical care can be accessed by all. The long term care issues and disability issues are those plans which are helpful for those who need around the clock care. There are less people who are working relatively to the proportion who need care with the older generation. Working in this industry is all about distributing the funds to cope with more demand in a manner that is equitable.

3. Guardianship, Conservatorship and Commitment Matters: It is very straightforward to understand this category. When a person starts aging then his/her mental impairment or disability may mean that he/she is not being able to act in a rational manner. By the court order, someone is appointed as the conservator or guardian on the behalf of the estate of the elderly person or someone is appointed to take charge of day to day life for the conservative also.

All of the above terms are interchangeable that depend on what state the issue is related to. The most common form of disability that requires conservatorship is the Alzheimer’s disease. In this matter, the court may appoint a lawyer to be the conservator if there is no appropriate person close to that elderly person.