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| PRACTICE AREAS | |
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| Real Estate | |
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| Personal Injury / Wrongful Death | |
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| Corporate / Banking | |
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| Wills and
Advanced Health Care Directives |
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| Governmental Representation | |
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Who Needs a Will?  Whether rich or poor or somewhere in between, everyone can benefit from a Will. You can use a Will to: (a) Control the disposition of your money, real property and personal property after your death. Even if you don't have a lot of money, a Will guarantees that your nephew will receive your stamp collection, your granddaughterthe antique dresser, and your best friend your National Geographic collection. (b) Minimize estate and inheritance taxes. If your assets are worth more than the exempt amount, your estate is subject to estate tax. The major exception to this rule is that you may leave all of your estate to your spouse and it will not be subject to any estate tax. However, at some point, either you or your spouse may have an estate that is subject to estate tax. You need a Will to reduce estate and inheritance taxes and ensure that the nest egg you worked so hard to build goes to your heirs and not the government. Even if your assets do not exceed the minimum amount, you still need a Will for the reasons set forth above and below; and (c) Control the disposition of your body. Do your relatives know about, or perhaps disagree with, your desire to have your body cremated and your ashes spread at sea? To ease your family's burden and guarantee that your wishes are followed, a Will can eliminate the need for your family to plan your funeral. Living Wills Do you have strong beliefs about whether doctors should prolong your life or attempt heroic measures in the event you are suffering from a medical condition for which there is no treatment? If yes, you should consider obtaining a Living Will. A Living Will is a document that advises doctors and your family of your wishes when you are unable to communicate them. A Living Will is utilized when you have reached an "end-stage condition" which Florida law defines as "a condition that is caused by injury, disease, or illness which has resulted in severe and permanent deterioration, indicated by incapacity and complete physical dependency, and for which, to a reasonable degree of medical certainty, treatment of the irreversible condition would be medically ineffective." Thus, a Living Will directs your health care provider to provide, withhold, or withdraw life-prolonging procedures when you are unable to communicate your wishes. Health Care Surrogate In the absence of a Living Will, your designated health care surrogate can make decisions about your medical care in the event that you are incapacitated. The designation of a health care surrogate will accomplish the same goals as a Living Will, but leaves the decision about your medical care to the person you designate as your surrogate. Also, health care surrogates can provide consent on your behalf for medical treatment and surgical and diagnostic procedures when you are incapacitated, but not necessarily suffering from an end-stage condition. |
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