The Importance of Checking In with Aging Family During the Holidays

Another holiday season is upon us, and whether you’re celebrating Easter or Passover, you’re likely gearing up to visit with family you haven’t seen in a while.

At Grimaldi Law Firm, a leader in estate planning, real estate, probate and business law, we value family time more than anything! Not only is this a time to connect, enjoy, and celebrate – it’s a time to check in on those you love most.

If you are fortunate enough to have your parents joining you for this week’s celebrations, bear in mind that this is also a perfect opportunity to “check in.”  Or, more specifically, for adult children to perform a reality check on how their aging parents are doing health-wise, as well as assess financial and medical planning issues.

Remember, your parents spent 18 years or more taking the best care of you, so the cycle of life insists you do the same.

Three things to check for when visiting with your parents:

1.      Check your elderly relatives’ home for potential fall hazards. 

2.      Check for unopened mail. This is often a telltale sign that they are having a hard time caring for themselves or coping on their own.

3.      Check the pantry and refrigerator to ensure it is well stocked with healthy and nutritious options.  If a parent has lost weight or there is spoiled food around, this is a sign that they may need some additional help around the house.

Three things to do before you leave:

1.      Make a list of all your parents’ medications, get the phone numbers of their primary care physicians, and leave these numbers in a clear and visible place, like the refrigerator in case a parent should feel ill. 

2.      Be sure you have the license numbers of all vehicles in case one is stolen or your parent goes missing.

3.      Make decisions with your parents regarding health care directives. If they have not yet set up their estate planning documents, it’s time to help them create one.

If you’d like to learn more about wills, living wills, advance health care directives, power of attorney for health care designations or any other aspects of estate planning, call our office today to schedule a time for us to sit down and talk. We normally charge $750 for a Family Wealth Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call Grimaldi Law Firm today, and mention this article to reserve your free spot.

At Grimaldi Law Firm in Hollywood Florida, your future is our present.  

 About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

 She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

 Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Estate Planning in Florida – Don’t Set It and Forget It!

Estate Planning in Florida, in the larger sense, can really be looked at like exercise. You know you’d be better off doing it, and even though you have to convince yourself to make the first move – you know you’ll feel great once you get the job done.

But just like exercise, you can’t just do it once, and then expect the effects to have you covered for life.

In fact, it’s not this way at all.

At Grimaldi Law Firm a Hollywood estate planning, real estate and probate law firm, we preach consistency when it comes to our first practice area. Time and time again, I remind my clients of the following fact: “Estate planning is not a one-time, set it and forget it task. If this is your approach, it will give you a false sense of security. Your estate plan should be revisited every 2-3 years, on top of any life event that may occur in between.”

In short? This is not an area of your life you should procrastinate on or sweep under the rug for a later time. There is no better time to create your estate plan, set specific times to revisit your plan, update accordingly as per the changes in your life – and be an advocate for your family’s financial and emotional future.

Why?

Estate planning serves to meet a few critical goals:

1. To ensure that children will be cared for by the people you want, in the way that you want

2. To protect against unwanted guardians in the event of an untimely death

3. To prevent foster care and state involved protective custody

4. To provide a financial plan that will ensure your children are taken care of

5. To make sure your family can receive the benefit of your life’s work and continue your business.

6. to Ensure your assets transfer smoothly to the next generation and, if possible, avoid probate.

7. In the event of incapacity, ensure your financial matters are taken care of and that your health care wishes are respected.

Once you have a plan, here are the crucial times to make sure you revisit your plan to keep things up to date and timely:

1. When a child is born

2. When your children reach school-age, revisit in case your original listed guardians are no longer alive or able to care for your child

3. If your child is diagnosed with a disability or has special needs that may impact how they need to be cared for

4. If you’ve started a business or made changes to an entrepreneurial venture that would require new information for your family to take into account once inheriting the business

5. When you’ve entered retirement and have different expectations for your surviving family

6. If you’ve experienced a crisis

7. If a child has become ill or passed away

8. If you’ve experienced an accident that requires long-term care

9. If you divorce and need to make changes to who acts on your behalf should you become incapacitated

10. If you are single and don’t know who would receive your assets or make healthcare decisions on your behalf

11. If you become a blended family

12. If you are a same sex couple or enter into a domestic partnership.

13.  If you relocate to another state of country.

As evidence by this long list, change is constant. One thing that should also be constant? How often you look into updating your estate plan. Make sure you’re covered and protected with Grimaldi Law Firm, located just minutes southwest of Fort Lauderdale.  At Grimaldi Law Firm, we provide our clients a free review of their estate plan every 3 years.

At Grimaldi Law Firm, your future is our present.

 About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

 She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

 Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

POM PLAN

Peace of mind. What does it mean to you? For the Grimaldi Law Firm, a leading estate planning law firm in Florida, there is nothing we celebrate more than peace of mind.

For some it may mean having little stress to deal with in day to day life. It may mean turning on an alarm system at night and knowing that your family is safe and sound. For others, it may mean financial security.

But for Grimaldi Law Firm, peace of mind means taking the steps necessary to protect your family should something happen to you, because there is nothing better than being prepared for life’s bumpy roads.

I may be an attorney specializing in real estate, wills and trusts, and probate law in Florida, but first and foremost, I am a mom. A new mom, at that. And it wasn’t until I became a mother to my son did I realize the importance of having a plan that would ensure that no matter what – my son would be taken care of should something happen to me. This was the peace of mind I needed to sleep soundly at night, and ultimately, the peace of mind I found other new moms around me needing.

With this, my Peace of Mind (POM) Plan, was also born.

The Grimaldi Law Firm’s POM Plan means you’ll achieve peace of mind by working together with me, personally, to put together a customized plan for your family. I will work alongside you and your family, offering comprehensive guidance to ensure that your children will be cared for by the people you want, in the way that you want, in case something happens to you.

The Family Piece of Mind (POM) Plan spares no details when it comes to developing a plan for your family’s future. From legal documents naming short-term guardians to medical powers of attorney for your minor children, you can rest assured that Grimaldi Law Firm will protect your family as if it were our own.

What else can you expect from a POM Plan?

• A custom, personalized wallet I.D. card with emergency contact information.

• Letters to the people you name as short-term guardians so the people you’ve named will know just what to do if called upon.

• Explicit instructions for how to care for your kids in the event you are in an accident

• Legal documents to name long-term guardians who will raise your children just as you would to avoid any family custody battles.

• Letters to your long-term guardians letting them know what to do if called upon.

• Instructions and guidelines for your long-term guardians on how you want your kids to be raised, including the values that are important to you.

The thing is, your family’s future does not just depend on making sure money is distributed amongst the people you love. It doesn’t mean only determining which child gets to keep the china, or who inherits your heirlooms. It means EVERY last detail is accounted for, and at the Grimaldi Law Firm, your future is our present.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

Special Note: The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

6 Cases When a Trust is Better Than a Will in South Florida

A will is one of the most basic South Florida estate planning documents, and everyone should have one to make sure that there is no question about what would happen to your assets and kids if something happens to you.  But there are some cases when having a trust in addition to a will is imperative; here are six of them:

Avoiding probate.  A trust will bypass the probate process, saving the people you love time and money.  To carry out instructions in a will, a probate must be opened in the county court of Broward or Miami-Dade, the county where you live, and that means your family is stuck dealing with the Court if you get hospitalized or after you die.  This can take an average of 9-12 months, all  the while your assets will be stuck in the process.

Providing for a person with special needs.  If you have a child or another dependent with special needs, a trust commonly known as a Special Needs Trust can protect assets for a special needs person without jeopardizing their qualification for government benefits.  A will allows you to transfer assets to a special needs person, but will not protect those assets.

Privacy.  Since a will undergoes probate in South Florida, it becomes public record.  A trust is private.

Blended families.  If you are part of a blended family, a trust can give you the flexibility you will want to make sure that children from prior marriages are provided for in the way you want.

Out-of-state property.  If you own property in another state besides South Florida, you can more easily transfer ownership via a trust than a will.  Transferring out-of-state property in a will usually means additional legal expenses because you could have probate in multiple states and that is no fund for the people you love.  This can be VERY expensive!

Asset protection.  If you want to protect the assets you leave your loved ones from creditors (including bankruptcy and divorce) a trust is the way to do it. It’s a gift you can give your loved ones that they could not easily (or at all) give themselves. 

If you would like to learn more about the use of trusts in South Florida to pass on what you care about to the people you love, call our office today to schedule a time for us to sit down and talk. We normally charge $750 for a Family Planning Session, but because this planning is so important, I’ve made space for the next two people who mention this article to have a complete planning session at no charge. Call today and mention this article.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

She can be reached at (954) 491-8707

or

melinda@grimaldi-law.com

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

Does Your Parent Need Help With Finances? Start Here

Caring for an aging parent is a common challenge for Baby Boomers, and now even Gen-X’ers and Millennials. And, stepping in to help manage your parents’ finances, without eroding their sense of independence and privacy, can be tricky.

Many aging parents are reluctant to ask their children for help with their finances. It means a loss of control, a trading of places from them taking care of you to you taking care of them, and can signify a loss of power that feels too frightening for your parents.

Nevertheless, you may be wondering what you can do when your parents start needing help.

A pile of unpaid bills, threatening calls from creditors or repeated instances of credit card fraud or financial scams are good indicators that your parent needs help managing his or her finances.

Financial caregiving is easiest when you already have a plan in place. You may be in a good position to make educated decisions about their finances, but without the proper information and legal authority, your options are limited.

If your parent needs help, the first step is to make sure you know what they have, where it is, and how you can access it, if necessary. 

Next, you want to make sure you know what bills are due, when and that their bills are being paid on time.

Unless you have the legal authority to manage your parents’ finances, you will need their help in getting access to their account and setting up auto-bill pay for them.

When you are ready, the first place to start is with a heart to heart conversation about whether your parent is ready for help and what that help could look like.

Then, if your parent is ready to help, you can ask him or her (or them) to legally designate you as either the Trustee of their trust or financial power of attorney holder, if they do not have a trust. And, be sure you are also designed as medical power of attorney, so you can make important care-giving decisions for your parent(s) if he, she or they cannot.

If your parent needs or wants help with finances, he or she may also need help with health care or the management of their estate. You can address these issues by working with an estate planning attorney who will help you develop an estate plan that considers your parent’s best interests.

When working with Melinda Grimaldi, at Grimaldi Law Firm, she will work with your family to ensure you have the authority required to help your parent with his or her finances.  This is also an opportune time for you to consider your own long-term financial planning. 

At Grimaldi Law Firm, we don’t just draft documents, we ensure you make informed and empowered decisions about life and death, for yourself and the people you love.  With our planning sessions, you will get more financially organized than you’ve ever been before, and make all the best choices for the people you love. You can begin by calling our office today to schedule a Planning Session. Mention this article to find out how to get this $750 session at no charge.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law. 

She can be reached at (954) 491-8707 

or melinda@grimaldi-law.com

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

A Checklist: The 5 Most Loving Things You Can Do For the People You Love In the New Year.

It’s a new year, which means a new chance to do what you’ve been putting off until the time is right. That time is now. Here are 5 of the most loving things you can do for the people you love in the New Year because at some point you will become sick or die. And while we don’t like to think about it, the best way not to is to plan well and then put it out of your mind and live your life as if every day is your last.

1. Make a plan. A will, trust, power of attorney, health care directive and, if you have kids, a Peace of Mind Plan so you don’t leave your family to deal with an expensive court proceeding overseen by a judge who doesn’t know (or really care) about you or your family or unnecessary estate taxes.
2. Write a letter or record a CD. Pass on what really matters to your family -- your values, insights, stories and experience -- in written or recorded form so they can return to you long after you are gone.
3. Pay for and plan your funeral. Cremated or buried? Ashes or body where? Yes or no to a viewing? Make these decisions now and let your loved ones know, in writing, so they don’t have to wonder. And consider pre-paying for your funeral expenses, so they don’t have to scramble in a time of grief.
4. Plan to pay no taxes. Will there be taxes on your estate and how will your heirs pay them, if so? Meet with an Attorney to be sure because you’d be surprised how small an estate can be to be at risk for estate taxes or other costs, especially if there’s insurance involved.  You don’t have to be rich to think about this.
5. Get organized. Let loved ones know where they can  find your legal documents and other important paperwork, the key to your safe deposit box and be sure to include all of the password information to access online accounts, including email, Facebook, and other regularly accessed programs.

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

Decisions about your health care are some of the most important you will ever make.  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 surrogate. This will be the individual who you grant the authority to make certain decisions on your behalf. A health care surrogate may also be called a health care agent.

 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 surrogate 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. 

     Grimaldi Law Firm: Property. Planning. Protection.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law.  She can be reached at (954) 491-8707 or melinda@grimaldi-law.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.

January 2017 Estate Planning Promotion

Let Grimaldi Law Firm help you scratch off estate planning on your to-do list!

If you have minor children, do no waste any time getting your family emergency response in place!

Estate Planning After the Election

Estate Planning After the Election

Now that the post-election buzz is beginning to wind down, we can finally start to sift through the rubble and ask the question that is on most of our minds.

How will the result of this election affect my life?

Regardless of your political opinion, the cold, hard, truth is that the results of any election will ultimately end up impacting us – for better or for worse. At Grimaldi Law Firm, we mean it when we say that we make your future our present therefore keeping you well-informed on what’s to come was at the top of our 2017 to-do list.

Brace yourselves America, because when it comes to a newly-elected President, even the planning of our estates can be affected! The President-elect will take the oath of office on January 20, 2017, to formally become the 45th President of the United States.

Though it’s still a bit too early to tell for sure, from the sound of what President-Elect Donald Trump has proposed, estate planning in Florida could very well be impacted in the years to come.

PEOTUS, Donald Trump has, stated that he wants to eliminate the estate tax. Right now the current estate tax is 40%, applying to estates valued at $5.45 million. Married couples are allowed to protect $10.9 million from estate tax.

One way affluent people avoid paying the estate tax is by giving gifts. Gifts are still taxed but the value of the gifts and how much they are taxed is something a president could look to change.

President-Elect Trump, in similar fashion as the estate tax, wants to eliminate this gift tax.

Capital gains, the profits from the sale of a property or investment, need to be addressed as well. When it comes to capital gains, President-Elect Trump is looking to eliminate the tax on individual capital gains, as well.

As you can see there are several items that our new president-elect would like to change or get rid of, but right now it’s still too early to tell whether any of it will actually occur. That’s why it’s so important to have a knowledgeable and trusted attorney as part of your team. One thing is for sure, you need to plan for death or incapacity whether you are wealth, on the lower end of the income spectrum, or anywhere in between. 

At Grimaldi Law we want you to stay ahead of the curve and are here to protect you and your family and take advantage of any changes that can benefit your family during this transition in our country.

For more tips and advice on estate planning and probate in Florida, real estate in Florida, or for any of your business law concerns, the Grimaldi Law Firm votes YES to helping you.

Grimaldi Law Firm: Property. Planning. Protection.

About the Author:  Melinda Grimaldi is an attorney in Hollywood, Florida, whose practice is concentrated in the areas of commercial and residential real estate and estate planning law.  She can be reached at (954) 491-8707 or melinda@grimaldi-law.com.

Special Note

The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced real estate attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.