[wsachs]

We're from MI and my lawyer in MI advised we have it checked out in FL. We used Trotter and Soulsby. Very happy we did. Both are elder law attorneys.

[kimgarwel12@gmail.com]

We checked it out with an attorney here and sure enough, our Wisconsin wills were not valid in Florida, so we had them redone and everything put in a trust. Cost us about $1200.

[OrangeBlossomBaby]

Originally Posted by HappyTraveler

I watched about half of it and will get back to it later when I begin working on those things. But, a VERY IMPORTANT point she mentioned that people don't consider enough is....just because you fully-created your plan and documents many years ago doesn't mean that some things may have changed in the interim that should cause you to take a good look at those plans again.

She "goes there" when she mentions that shifting family dynamics are a big reason why people make revisions to their will or other documents. My mother should have done that. She did the old-fashioned thing, 30 years prior, of giving my oldest brother ALL the legal authority (POA, healthcare POA, estate executor, etc.) That is a very bad move.

If that person is slack in their efforts or seems incompetent or gives reason to cause suspicion or doesn't provide important info to other family members (happens all the time, folks) -- guess what? The other family members are going to have to get a lawyer to deal with it and maybe go to court. ALL the power being given to one person is a very precarious thing to do.

Not to mention, it's too much work for one person! If the elderly parent is living in a facility (pay close attention to that!) and their finances and taxes need to be managed, their health watched over, etc. etc......too much for one person who also has their own life. Spread the responsibility and work around amongst two or three people - do that in writing and legally. Plenty of families fracture during those times because things weren't considered and set-up carefully enough. That can be mostly avoided with careful planning and appropriate legal designations.

I have plenty I could write about these matters related to the last 3 1/2 years of my mother's life. It is a cautionary tale, indeed.

On the other hand, if your sister actually lives within 10 minutes of your dad, and you're four hours away, and she knows all dad's doctors and the aides and the area and the facilities (for when the time comes) - and if she's willing to accept the responsibility, I say go for it.

Otherwise you could be tasked with handling estate matters from a distance, dealing with people you don't know anything about, having to hear things third-hand because you simply can't just show up to appointments on the fly, and you'd have to arrange at least a couple days in advance for any appointments you -can- schedule if they require you to be physically present.

[Regorp]

Originally Posted by MX rider

Just checking to see if anyone has dealt with this before I call an attorney. Thanks

Pittman law office in Oxford offers free seminars. Call them and attend as they are very knowledgeable with all the answers. We use them and satisfied.

[craiglittler]

Originally Posted by MX rider

Just checking to see if anyone has dealt with this before I call an attorney. Thanks

Yes you need to amend it. I just had my living trust amended by Kathryn Linn at Linn Law here in The Villages for $1800. The other attorney's wanted 4 to $5,000. Very knowledgeable, excellent work! 352-633-1263.

[Sparky99]

Get a trust in Florida!!! Millhorn Elder Law Planning Group is great to work with. Property in 2 states: Will, Trust, POA, Medical, etc., less that $1k.

[Emkay56]

We had a WI will and trust and had to have it all redone under FL law….if you’re a FL resident.

Originally Posted by MX rider

Just checking to see if anyone has dealt with this before I call an attorney. Thanks

[peacefuldb]

Originally Posted by MX rider

Just checking to see if anyone has dealt with this before I call an attorney. Thanks

Call Pittman Law office. They will set you up for florida and also answer all your questions. Local and trustworthy

[HappyTraveler]

Originally Posted by OrangeBlossomBaby

On the other hand, if your sister actually lives within 10 minutes of your dad, and you're four hours away, and she knows all dad's doctors and the aides and the area and the facilities (for when the time comes) - and if she's willing to accept the responsibility, I say go for it.

Otherwise you could be tasked with handling estate matters from a distance, dealing with people you don't know anything about, having to hear things third-hand because you simply can't just show up to appointments on the fly, and you'd have to arrange at least a couple days in advance for any appointments you -can- schedule if they require you to be physically present.

The Healthcare POA and General POA can be two different people and, in my experience plus other family stories I've heard, they should be. Agree that the appointed Healthcare person should live as close to the elderly person as possible. But, the General POA who will handle bills, taxes, manage money, any legal issues, etc...doesn't need to live nearby but, should have a good working relationship with the Healthcare POA.

However, see, in my situation, my oldest brother lived 1 hour away from Mom and the other three of us lived 7 to 10 hour drives but, he slacked-off and didn't put much effort into watching over her or the money. I knew some things were wrong, couldn't get oldest bro to communicate so, I emailed my thoughts and reasoning to the other two brothers to enlist their help. Guess what? They declined. Flabbergasting, yes! Their inclination was to circle the wagons around the brothers, leave me having to exert alone while our mother twisted in the wind.

If anyone thinks that kind of dysfunctional family dynamic is unusual - they would be very, very wrong. My view is that the handling of the elderly parent situation is more often screwed-up and fraught with stress and anger than it is not. But, the reason you don't know that is people don't talk about it because they're embarrassed at how badly their family handled matters. So then, lots of other families make the same mistakes and it damages relationships, sometimes forever. People need to talk about these things! That's why I'm offering this info.

Also, as an example of how things change and why these matters should be revisited every decade, at least. When our father was diagnosed, all of a sudden, with terminal brain cancer 30+ years ago, our family immediately coalesced, got on the same page and there was zero negativity amongst us in dealing with it. I think we were all a bit proud about how well we handled it and we all lived remotely from our parents and it was pre-internet.

But, 30+ years later, the wheels came off the family bus when our very aged mother got very ill .....although they'd been heavily trending that way for the prior 12+ years. So, it was inevitable, it seems.

If I have time, I'll add more later. Esp. about what happened to mothers situation - you all will want to know that.

[C. C. Rider]

Good info. Thanks.

[4litehous]

It is not. It is best to contact an attorney.

[stratmax]

Originally Posted by MX rider

Just checking to see if anyone has dealt with this before I call an attorney. Thanks

I'd recommend calling an attorney, it's not very expensive and you want to make sure your assets are protected from the government.
We used Mazenko Law, (352) 565-7737, in Mt. Dora.
It was quick and easy and keeps your estate out of probate which can take up to 10% of your assets.

[rjm1cc]

Did not read through the above. In general your will is valid in Fl. But might be best to update it any way. One problem area is who can be your executor. Could be that the person you picked does not meet Fl law. I would also check self proving signatures requirements.

[jmpate]

We dealt with this very issue when we moved to FL 4 years ago. We had just had our wills, POAs and Healthcare POAs done in NM by an atty. Unfortunately, most states have nuances that must be in Fl documents such as wills etc. or they are not accepted in a court of law.

There is a plethora of attorneys in/around the Villages that conduct no cost seminars to educate people on the issues related to out of state documents. We were quite pleased with both the seminar we attended, the attorney we consulted and the turn around time our documents too to be prepared.

One thing seems to be prevalent w/many attorneys is the push to establishing a "trust" when moving to FL, probably because probate issues are less with a trust. That being said, a trusted attorney advised us, to put all our property, accounts and assets in BOTH husband and wife's names to reduce the issues w/probate. Once one has passed, it might be prudent to consider
something akin to a trust like set up.

Hope this is helpful but it's something that one needs to do sooner than later.

Originally Posted by MX rider

Just checking to see if anyone has dealt with this before I call an attorney. Thanks

[dougjb]

I love when people here seek legal advice in this forum.

I might add that anyone providing such legal advice who is not a licensed attorney in the state of Florida is engaged in the unlicensed practice of law. Florida statutes specify that such conduct is a felony offense. There need not be any exchange of money or other valuable. Providing the legal "advice" is sufficient to support a felony charge.

Best advice anyone can give is go speak with a Florida attorney.