Law Offices of Laura J. Larson, P.A. Attorney at Law
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Serving the following cities in Broward
County and other South Florida Counties:
- Coral Springs
- Parkland
- Tamarac
- Plantation
- Margate
- Sunrise
- Ft. Lauderdale
- Boca Raton
- Weston
- Davie
- Coconut Creek
- Deerfield Beach
Office Location 1401 N. University Drive Suite #500 Coral Springs, FL 33071
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Wills Trusts Estates Probate Elder Law
Many people fail to execute a Last Will and Testament. Most often individuals are afraid to face their own mortality or believe that they do not own enough assets necessitating the execution of a Will.
If you die without a valid Will, also known as “dying intestate”, you have no control over where your property goes. Instead, the laws of the State of Florida make that decision. According to these laws, your property will be distributed to your relatives in a certain manner based upon your relationship (blood or marriage) to those persons. These laws also allow the court to determine who will be the Personal Representative of your estate and even the guardians of your minor children.
Any person who is 18 years of age or older and who is of sound mind may make a Will. The document must be witnesses and notarized. You must sign your Will at the end of the document in the presence of at least two witnesses who are both present at the same time and place with you. A Will is usually signed in the presence of a notary public in addition to the witnesses so that the Will is self proving, which allows the Will to be admitted to probate after your death without having the witnesses come to court.
A Will is your opportunity to let your family and loved ones know what your intentions are after you have died. Do you really want to leave it up to Florida law to make the determination of the distribution of your assets upon your death when you can express your wishes now by executing your Last Will and Testament?
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The whole notion of estate planning can be frightening for most families.
Discussions about Wills, about "who gets what," and about family members dying tend to put a real damper on
family get togethers. As a result, these conversations do take place, and they are moments when families come
together to discover---often for the first time---what their priorities are.
Estate planning involves many key documents such as:
- Last Will and Testament
- Durable powers of Attorney
- Trusts—Especially special needs Trusts
When most individuals think about Estate Planning they think about a plan of administration and
disposition of their estate using a Last Will and Testament or a Revocable Trust, which focus on finances and
property. Many people do not realize that in an Estate Plan that they may also plan for illness or incapacity.
According to Florida law every competent adult over the age of 18 is granted the right to make certain
decisions about his or her medical treatment. Under certain conditions you have the right to either accept or
reject medical treatment and other procedures that would artificially prolong your life. Additionally, Florida
law ensures that even if you are incapacitated or too ill to make your own decisions your rights and personal
wishes will be respected.
IN FLORIDA, THERE ARE THREE KINDS OF ADVANCE DIRECTIVE DOCUMENTS
It is important to discuss advanced directives with your physicians, family and those who you designate as
either a Surrogate or Agent. You should keep your Advanced Directives readily available and not locked in a
safety deposit box. Be sure to let your loved ones know where you keep theses important documents. Also, it
is a good idea to have a copy in your medical file and to bring a copy to the hospital for every admission. Keep
in mind you may change or revoke your Advance Directive(s), but these changes do not go into effect until
you communicate them to your healthcare provider.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience.
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Located in the Bank of America Building at the Intersection of University Drive and Shadow Wood Blvd.
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A Living Will allows you to state
that you do not want to be kept
alive by medical treatment when
you have a terminal condition or
end-stage illness or are in a
persistent vegetative state, and
are no longer able to decide
matters for yourself. The Living
Will spells out your wishes
regarding the withholding or
withdrawing of life-prolonging
measures when there can be no
hope of recovery, as certified by
two physicians. Medications or
medical procedures necessary
to alleviate pain or provide for
your comfort would continue to
be provided.
A Designated Health Care
Surrogate Document is an
Advance Directive which
specifically allows you to name
another person, the Surrogate,
to make medical decisions for
you anytime you become unable
to make them yourself. By your
designation of the Surrogate you
are allowing him or her to
consult with health care
providers and give informed
consent to perform medical and
surgical procedures that he or
she believes you would have
agreed to under the
circumstances. The Surrogate
makes the decisions he or she
believes you would make if you
were able to.
DESIGNATED HEALTH CARE SURROGATE
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The Durable Power of Attorney
for Health Care is a document
very similar to the Health Care
Surrogate. It allows you to give
your decision-making power for
your medical decisions to
someone else called an Agent.
In this document you have the
ability to grant powers as
specific as necessary such as
the withholding or withdrawing of
life support, provisions for food
and water and administration of
pain medications.
DURABLE POWER OF ATTORNEY
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WHAT IS A LAST WILL AND TESTAMENT
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A Will is a legal document
stating your intentions or
desires and is designed to
direct the probate court as to
how you want your assets
distributed and who will be the
beneficiaries of your estate
upon your death, including how
and when they will receive their
inheritance. In your Will you can
direct your funeral
arrangements and even
designate an individual to care
for your minor children.
In a Will you name a person to
be your Personal
Representative, whose job will
be to "administer" the estate. In
other words the Personal
Representative will follow your
instructions in your Will in
gathering your assets for
distribution. In practice, this
means determining and
liquidating all of your assets and
debts, including bank accounts,
mortgages, stocks and bonds,
pension benefits, unpaid wages
and employment benefits.
A Will only governs the
distribution of you property left
solely in your name upon death.
Generally, if property passes to
a new owner upon your death,
for example by a beneficiary
designation such as in life
insurance or by joint tenancy
with right of survivorship (e.g. a
bank account), then that
property is not in your name at
death and therefore it will not be
part of your probate estate and
will not be governed by the
provisions in your Last Will and
Testament.
DESIGNATE YOUR PERSONAL REPRESENTATIVE
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