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Planning for the Care of Your Pet: How to Include Your Pet in Your Estate Plan

May 26, 2020/in Elder, Estate Planning/by Carol A. Lawson, Esq.

If your pet is beloved as a family member, you likely want to ensure that he or she will be well cared for in the event of your incapacity or death.

Without explicitly stated wishes, these furry family members could end up without a home of their own, if you die or become unable to care for them.

To prevent this tragic outcome, include planning for your pet in your estate plan. Here are a few important issues to consider when planning your estate with your beloved pet in mind.

Who will get ownership of your pet?

Pets are property and not people. Because of this legal distinction, an agent must be named in your estate plan to take ownership of your pet or arrange for your pet to have a loving home. In absence of a legally enforceable document stating your wishes, your pet could suffer the fate of many when their owners pass on: an animal shelter.

How will that person provide for your pet?

Pets require food and medical care. These costs can be significant if your pet has a health condition or is aging. Money can be set aside for your pet with specific directions about how those funds can be used and by whom.

How will your pet be cared for?

You may want to consider leaving instructions on how your pet should be cared for, as well as consider financial incentives for the person you’ve named to care for your pet pursuant to your wishes. This is especially important if your pet has any health conditions, is aging or is an exotic animal. Detailed instructions (and the money to carry them out) will ensure your pet’s new guardian can provide the same quality of care you provide now.

To ensure all your loved ones are cared for when you die, it is necessary to create a comprehensive estate plan that will ensure all your wishes are carried out, even if you don’t consider yourself financially wealthy. If you are ready to take that step toward peace of mind, begin by coming in to meet with us.  As your Attorney, we can help you create a comprehensive estate plan that will protect your assets, your wishes and all your loved ones, furry friends included.

Contact me at (727) 420-2705 to schedule your appointment.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney#ClearwaterEstatePlanningAttorney                           #Pinellas ProbateAttorney

https://carollawsonpa.com/wp-content/uploads/2020/05/estate-planning.jpg 168 300 Carol A. Lawson, Esq. https://carollawsonpa.com/wp-content/uploads/2020/01/logo-carollawsonpa.png Carol A. Lawson, Esq.2020-05-26 02:43:302020-05-26 20:44:28Planning for the Care of Your Pet: How to Include Your Pet in Your Estate Plan

Three Health Care Documents You Need to Include in Your Estate Plan

May 21, 2020/in Elder, Estate Planning/by Carol A. Lawson, Esq.

Decisions about your health care are some of the most important you will ever make.

Don’t put off making plans until you are unable to assert your wishes. Including health care documents in your estate plan can ensure your decisions are always your choice, even if you cannot speak for yourself.

Health care documents that clearly state your wishes should be included in your comprehensive estate plan. Here are three documents you need to include in your estate plan to ensure your wishes are respected:

Health Care Directive

This document allows you to name a health care agent. This will be the individual who you grant the authority to make certain decisions on your behalf. A health care agent may also be called a health care surrogate or a personal representative.

In your directive, you can include specific instructions on the health care measures you desire if you are unable to make decisions for yourself. These are life and death decisions; make sure your agent is someone you trust.  Work closely with an estate-planning lawyer to ensure your directive provides clear guidelines for your agent to follow.

HIPAA Authorization

Your health care agent or personal representative will need access to your medical records in order to make educated decisions about your care. To do this, your agent will need a HIPAA authorization. This will ensure he or she has access to your medical records from HIPAA-covered health care providers.

Living Will Declaration

A living will provides specific guidelines for your end of life care. While your health care directive can include provisions for your agent to make certain decisions about your ongoing health care, a living will tells your agent how you would like those decisions made, such as if and when you want life support to be removed, whether you would want hydration and nutrition and what kind of care choices should be made for you, if you cannot make them for yourself. These types of absolute decisions about your life should be included in a living will for extra protection and assurance your desires will be known and honored.

These documents, if carefully crafted, will help you express and enforce your healthcare wishes, even if you cannot speak for yourself. If you want to ensure your preferences for your ongoing and end of life care are respected, contact us to discuss your options today.

An Attorney can help you articulate and legally protect your healthcare wishes and preferences. We can guide you to create and complete these very important health care documents so you can have the peace of mind of knowing your family will make the right choices for you, when you cannot. Call me today to schedule your consultation (727) 410-2705.

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney#ClearwaterEstatePlanningAttorney                           #Pinellas ProbateAttorney

https://carollawsonpa.com/wp-content/uploads/2020/01/new_post_10.jpg 400 600 Carol A. Lawson, Esq. https://carollawsonpa.com/wp-content/uploads/2020/01/logo-carollawsonpa.png Carol A. Lawson, Esq.2020-05-21 01:13:292020-05-21 01:13:29Three Health Care Documents You Need to Include in Your Estate Plan

Why You Should Not Use Legal Zoom Or DYI Programs

April 27, 2020/in Elder, Estate Planning, Probate, Special Needs/by Carol A. Lawson, Esq.

Estate planning is not one size fits all, if you use these programs you may not end up with the results you desire since your individual family circumstances may differ from the ones laid out in the form document.   A one size Will or Trust definitely does NOT fit all.

That’s where we come in. Our office can help you see the blind spots in your plan and,  unlike the DYI forms, we can help you formulate a custom, effective transition plan to ensure your desired wishes are carried out in the future.

You need to build flexibility into your estate plan and review your plan at least every five years,  sooner as future circumstances and family and financial situations evolve over time.

We also recognize that all of the pre-planning in the world won’t do you any good if you are unable to legally sign your documents in the presence of the required witnesses and notary (digital execution of estate planning documents won’t become legal in Florida until at least this summer).

We are still offering live signings appointments at our office taking extra safety precautions to keep our clients and staff safe.  You will need to wear gloves and a mask for your appointment.  Also to make sure you do not have a temperature or any flu or pneumonia symptoms the day of your signing.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

https://carollawsonpa.com/wp-content/uploads/2020/01/new_post_10.jpg 400 600 Carol A. Lawson, Esq. https://carollawsonpa.com/wp-content/uploads/2020/01/logo-carollawsonpa.png Carol A. Lawson, Esq.2020-04-27 23:38:312020-06-12 03:04:01Why You Should Not Use Legal Zoom Or DYI Programs

Corona Virus Procedures

March 18, 2020/in Bankruptcy, Consumer Financial Protection Bureau, COVID-19, Estate Planning, Probate, Uncategorized/by damg

The threat of Coronavirus to the older population and those with compromised immune systems or pre-existing conditions makes it extremely important to ensure that your Estate Planning affairs are in order and up to date. You should normally review your documents every 3-5 years.

Here is what we are doing as a firm to make sure you can get your questions answered and your documents done in the safest way possible:

1. We are keeping our office as sanitized as possible for those of you who make it into our office. The conference room is wiped down with Clorox wipes after every client, WHO approved had sanitizer spray is available ( 99% alcohol, 3% peroxide, distilled water, aloe vera, tea tree oil, vitamin E oil, and lavender oil) for use in our conference room.

2. We are waiving our Estate Planning consultation fee until June 1st, 2020 to remove any obstacles to you being able to get your affairs in order.

3. Phone or Facetime meetings are available by appointment if you do not feel comfortable coming to the office or are quarantined. If you are sick or symptomatic please stay home. We can arrange to send a notary to you or for virtual execution if necessary.

We are here to help you please call us at (727) 410-2705 to schedule a consultation.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

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What is Needed For A Basic Estate Plan?

January 29, 2020/in Estate Planning/by damg

Everyone needs an Estate Plan. Some people need a more complex one than others, but everyone needs one.  The very Basics you need are as follows:

  1. Will– need to designate Beneficiaries and Guardianship for Minor or Disabled Children.
  2. Durable Power of Attorney (DPOA)– Who will handle your finances, and needs if you are incapacitated and can not make those decisions.
  3. Healthcare Surrogate- who will make your medical decisions if you are unable to do so.
  4. Living Will– Do you want live support? Do you want to be kept alive in a vegetative state?  Are their limits?  Do you want food, hydration, pain medication?
  5. HIPPA Release–  Who has access to your medical records.

 

 

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A Special Needs Trust Allows You to Leave Your Estate

January 7, 2020/in Estate Planning, Social Security, Special Needs/by damg

A Special Needs Trust Allows You to Leave Your Estate to Your Special Needs Child Without Jeopardizing Public Assistance Benefits For the Child

A special needs trusts allows parents to leave funds to developmentally (Autism, Down Syndrome,  or another developmental or intellectual disability) or physically disabled children, but maintain the child’s eligibility for public health care and assistance benefits.  A Florida special needs trusts, also called Florida supplemental needs trusts, are vital for parents who need or want to provide for their special needs children.

If a child with special needs has been left an inheritance, he or she may not qualify for benefits…despite being unable to earn a living. A special needs trust holds the assets you wish to leave your child, acting as a supplement to the disabled child’s government resources. When structured properly, funds in these trusts can only be used for goods and services over and above what government assistance provides for the disabled child, and cannot be used as payment for taxes or creditors.  The child has no control over the funds.

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

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Pinellas County Teachers and Staff

October 11, 2019/in Bankruptcy, Bankruptcy Middle District Florida, Consumer Financial Protection Bureau, Estate Planning/by damg

Pinellas County Schools

Teachers and staff did you know that if you participate in the MetLife Legal Plan through Hyatt Legal – you can receive – a free trust, will, quitclaim deed, living will, healthcare surrogate, and DPOA before the end of the year.

If you use my office – Carol Lawson PA- #727-410-2705, not only are after school appointments available, but you will receive a Dementia Directive for free.

Hyatt will also pay the Attorney fees ( no costs) for a Bankruptcy. Our office participates in this area handling Chapter 7s only.

To get started go online to your Hyatt legal plan, obtain a case number and then call me to schedule a free appointment today.

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

https://carollawsonpa.com/wp-content/uploads/2019/10/new_post_8.jpg 400 600 damg https://carollawsonpa.com/wp-content/uploads/2020/01/logo-carollawsonpa.png damg2019-10-11 06:00:122020-04-20 01:27:35Pinellas County Teachers and Staff

Medicaid Planning? Why You Need An Irrevocable Trust

June 24, 2019/in Elder, Estate Planning/by damg

The Medicaid asset limit for a nursing home resident covered by Medicaid is no more than $2,000 in “countable” assets.  An irrevocable trust will help you meet the countable assets.   A trust is a legal entity under which one person — the “trustee” — holds legal title to the property for the benefit of others — the “beneficiaries.” The trustee must follow the rules provided in the trust instrument. Whether trust assets are counted against Medicaid’s resource limits depends on the terms of the trust and who created it.

Medicaid considers the principal of such trusts to be assets that are countable in determining Medicaid eligibility. Thus, revocable trusts are of no use in Medicaid planning.

Income-only trusts

An “irrevocable” trust is one that cannot be changed after it has been created. This type of trust is drafted so that the income is payable to the “grantor” for life, and the principal cannot be applied to benefit your or your spouse. At your death the principal is paid to your heirs. This way, the funds in the trust are protected and you can use the income for your living expenses. For Medicaid purposes, the principal in such trusts is not counted as a resource, provided the trustee cannot pay it to you or your spouse.  if you do move to a nursing home, the trust income will have to go to the nursing home.

With an irrevocable trust you cannot gain access to the trust funds even if you need them for some other purpose. Make sure to leave an ample cushion of ready funds outside the trust.

Another option for an income only trust is to place the property in a trust from which even payments of income to you or your spouse is set up for the benefit of your children. Then the beneficiaries at their discretion, use the income or asset for your benefit.    These trusts usually contain property that has increased in value, such as real estate the grantor retains a “special testamentary power of appointment” so that the beneficiaries receive the property with a step-up in basis at your death. This will also prevent the need to file a gift tax return upon the funding of the trust.

Funding an irrevocable trust within the five years prior to applying for Medicaid is subject to the look back period. which may result in a period of ineligibility. See Medicaid’s asset transfer rules, for the actual period of ineligibility based upon the amount transferred to the trust.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Medicaid, Nursing Home, Savings, Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, irrevocable trust

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How to Shelter Assets from Nursing Home Care Costs

June 24, 2019/in Elder, Estate Planning/by damg
  1. Give monetary gifts to your loved ones before you get sick.
  2. Hire an attorney to draft a “life estate” for your real estate,…
  3. Place liquid assets into an annuity.
  4. Transfer a portion of your monthly income to your spouse.
  5. Shelter your money through an irrevocable…

For more information contact our office.

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

Medicaid, Nursing Home, Savings, Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Carol A. Lawson, Esq.

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Why You Need a Durable Power of Attorney

June 11, 2019/in Estate Planning/by damg

Client’s often ask why can’t I just put my child on my bank account with me.  One of the things that I’m looking at is, how do they own their assets, who actually owns their asset who is on their bank account, who is on the title to their real estate. Often I discover that a client will have an adult child on their bank account with them.

Why is your child on that bank account with you? Is it  for convenience purposes?   Is it if you’re in the hospital, or traveling, or need your child to pay bills, they can do so because they’re on the account?

There’s a lot of downsides unfortunately, to having your child on your bank account with you.  The first one is liability. If your child gets into a car accident, get sued files, bankruptcy, maybe even files for divorce then your bank account could be subject to that child’s creditors or property distribution.

The second reason it’s a bad idea to have your child on your bank accounts with you is because it could affect your child down the road if they are applying for government assistance such as Social Security disability benefits, because they have access to, even though it’s not their money, your assets making them ineligible for benefits.  The third reason it’s a bad idea to have your child as a co-owner of your bank accounts is you’re basically giving your child carte blanche to your money, they can go in do whatever they want to with your money.  It’s going to be very difficult to get any money back if your child or to steal money from you, or otherwise, mishandle the funds, because you trusted him, you put him on the account, you gifted the value of the account.  The fourth reason it’s a bad idea in a lot of situations to name your child as co-owner of your accounts is that when you die, the bank account continues to belong to that child.  If you have multiple children, and the intent is to divide the account among all of your children, the child on the account does not have any legal obligation to share it with their siblings, even if your will says to do so the ownership of the account trump’s your will, and the money belongs to your one child who was co-owner of the account.

My job is to play devil’s advocate. They’re not going to share the money with their siblings in most cases.   Assuming they did share and If it’s a large enough amount then that is considered a gift now from the child to their siblings, and they might have the burden of having to file a gift tax return with the IRS to disclose those gifts.  If they later file bankruptcy, the bankruptcy trustee could go back void the transfers and force your other children to pay the money they received into the bankruptcy estate.  How do you get around this?  Remove your child from your bank account.  Your child will have to agree to be removed from the bank account.  Put the account back into just your name, sign a power of attorney, you can name that same child, giving them authority to help you out with your banking affairs. Give a copy of that power of attorney to the bank.

That child can now continue to pay bills on your behalf out of your account and help you manage the account.  If you want to avoid probate of the account, when you die, sign what’s called a POD ( payable on death beneficiary form) with the bank for that account.  List whoever you want to inherit the account upon your death, that might be the one child it might be all of your children. Some financial institutions call it TOD form (transfer on death form). By signing that form, you’re naming beneficiaries for the account.  After your death, all the beneficiaries will need to do is present a death certificate and the account will be dispersed among all of your beneficiaries.   If you have questions about this or anything else related to your estate, and you’re a Florida resident, I would be more than happy to handle your planning and answer your questions.

 

 

Carol A. Lawson, Esq., 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761

Phone: (727) 410-2705;   email: calh@gate.net

 Clearwater Bankruptcy Attorney, Clearwater Bankruptcy Lawyer, Clearwater Bankruptcy, Clearwater Estate Planning Attorney,  Pinellas Estate Planning Attorney, Pinellas Probate Attorney #FileLocallyDontOverpay #ClearwaterBankruptcy #ClearwaterBankruptcyAttorney #ClearwaterEstatePlanning #ClearwaterProbate

florida estate planning, estate planning attorney, carol a. Lawson attorney, florida family succession plan, florida, durable power of attorney, poa, florida durable power of attorney

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    • Our main office is located at:

      Carol Lawson Esq.
      28870 US Hwy 19 N Suite 300
      Clearwater, FL 33761

    • Phone:

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    • Mailing address:

      The Law Office of Carol A. Lawson
      PO Box 2381
      Dunedin Fl 34697


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      Estate Planning

      Carol A. Lawson, handles Estate Planning matters, we offer Legal Services in the areas of Wills, Living Wills, Health Care Surrogate.

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      Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors.

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      Clearwater Probate Attorney, Carol A. Lawson, handles Probate matters in Pinellas, Pasco and Hillsborough Counties.

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      Clearwater Probate Attorney, Carol A. Lawson, handles Probate matters in Pinellas, Pasco and Hillsborough Counties.

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