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Articles Posted in Power of Attorney

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What to know under Florida law during COVID-19 – Naming your kids as beneficiaries of life insurance policies

COVID-19 – Buying Life Insurance to protect your children, but what happens when you name them as the beneficiaries? During these uncertain times, people are attempting to prepare for the worst. This is especially true for those who have minor children. The fear of getting infected with the virus, developing…

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Can a Beneficiary act as a Witness during a pandemic?

Social Distancing and Signing Documents: Can a Beneficiary Act as a Witness? During COVID-19, we have had to adapt the way we sign estate planning documents while maintaining safe social distancing. Although businesses are slowly reopening and things appear to be getting back to a sense of normal, it is…

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COVID 19 – Quarantined, who makes medical decisions?

COVID 19 Pandemic: If I can’t make medical decisions for myself, who can? On January 19, 2020, a man in his mid-thirties reported to an urgent care clinic in Snohomish County, Washington, with a persistent cough and fever. The next day, testing by the Center for Disease Control confirmed that…

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Quarantined during COVID 19 – How do I get my estate planning documents notarized?

How to Safely get Documents Notarized During a Pandemic For the indefinite time being, social distancing and staying home are necessary safety measures. However, that does not mean the world stops. People still have needs and documents that must be notarized. There are ways to do that without leaving the…

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Quarantined – take the time to review your estate planning documents, joint tenancy agreements and beneficiaries

COVID 19 – Is Your Estate In Order? Non-Probate Transfers and Pitfalls of Beneficiary Designations In the wake of the recent Corona virus pandemic, many people are understandably concerned about their estate plan. A common misconception is that if you have executed a will or even a trust, then you…

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Part 2: The Secure Act – Look at your trust, your beneficiaries, and get it reviewed

Do I Need to Amend My Trust Because of the Secure Act? Last month, in our last blog, we addressed the basics of the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act’) and how retirement plan beneficiary designations will be impacted for individuals who die…

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Part 1 – The Secure Act (the rules changed very recently for beneficiaries)

The Secure Act: Retirement Accounts and Your Estate Plan Beginning on December 20, 2019, the Secure Act substantially changed the rules for designated beneficiaries of retirement plans, with wide raging implications for estate planning. The old rule used to be that upon the death of a retirement account owner, the…

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What happens when your chosen beneficiary, heir or personal representative (PR) dies before you do?

What if Your Beneficiaries Predecease You? When preparing a will, people assume that the beneficiaries that they name will outlive them. Unfortunately, testator’s live beyond the life of their beneficiaries all the time. What happens to the gift left for someone who is now deceased? The original common law understanding…

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Lack of Testamentary capacity and undue influence – what are the legal standards?

How Can you Prove Undue Influence? For a Will to be valid, certain conditions must be met. The testator must have legal capacity, at least eighteen years old, must have testamentary intent, and the will must not be a product of undue influence or duress. The first two requirements are…

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Four important reasons to update your estate plan and/or your trust documents

I Already Have a Will; When Should I Update My Estate Planning Documents? When someone executes a valid will, some people assume that if their wishes do not change, they should never have to revisit their estate plan. However, there are certain common events in life that should cause you…

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