FREQUENTLY ASKED QUESTIONS

Q:      Do I really need a lawyer, or can I just complete estate planning forms by myself?

A:      If your estate planning documents are not properly prepared and executed they may not be valid and enforceable. If the document are not enforceable, the state in which you reside may still be required to designate individuals to act on your behalf and distribute your assets upon your death. There are strict requirement that must be followed from each state for the proper preparation and execution of estate planning documents.

Q:      Do I really need a lawyer, or can I handle an estate as Personal Representative by myself?

A:      In most probate cases a lawyer is required by the court to assist the Personal Representative with the probate process. Even if a lawyer is not required, the probate process can be very complex and it is always worthwhile to discuss your case with a lawyer to make sure that there are not any pitfalls that you are unaware of.

Q:     Should I wait and finalize my estate planning at a later time?

A:     Accidents and emergency situations can occur at any time to anyone. Estate planning documents are similar to auto insurance coverage. You hope you never have an accident, but it is important to make sure you have the proper documents in place in case of an emergency situation.

Q:      Why should I choose Maney | Gordon?

A:      Your probate and/or estate planning needs matter and deserve the best representation. Not all probate and estate planning lawyers are created equal. Fortunately, the consumer has the ability to check on the ability and ethics of a lawyer.

• CV rating means that the lawyer has good ability and is ethical.
• BV rating means that thet lawyer has very good ability and employs ethical practices.
• AV rating means that the lawyer has outstanding ability and is considered preeminent(tops) in his field and employs the highest ethical standards. Only a small percentage of law firms ever an AV rating.

Maney|Gordon is rated AV by Martindale Hubbell. This is the highest rating available in legal ability and ethics.

The Maney|Gordon Estate and Trust Division has thte experience necessary to plan your personal legacy. Robert J. Myers, managing attorney of the Estate and Trust Division, has been serving Florida resident for over twenty-five years in the areas of estate planning, trust administration and probate administration.

Q:     Can I find a "cheaper" lawyer on the internet?

A:     Yes you can! But you would never hire the cheapest doctor if your spouse or child needed an important surgery. You would never purchase the cheapest car made for fear of mechanical failure. Before you hire a "cheap" lawyer, you should ask yourself, "Why is this lawyer cheaper?" Generally speaking, attorney's fees are based upon experience, expertise and the commitment to support the client through the legal proces.

Given the importance of your probate and/or estate planning goals, you should seek a qualified lawyer who represents good value. At Maney|Gordon, our fees are competitive with other qualified probate and estate planning lawyers. We endeavor to provide you with an excellent value of service for our reasonable fees. Given the importance of your probate and /or estate planning goals, it makes the best sense to hire Maney|Gordon. Hiring the low-cost inexperienced attorney may prove to be penny-wise and pound-foolish.

You likely have questions pertaining to your specific cse. Please contact our law firm at your convenience to discuss. We look forward to working with you, answering your questions and serving as your lawyers.

Q:      In the event that I become incapacitated and have not executed a Designation of Health Care Surrogate and Durable Power of Attorney, who will have the authority to make medical, business, and/or financial decisions on my behalf?

A:      Should you become incapacitated without properly designating someone to act on your behalf by proper execution of a Designation of Health Care Surrogate and Durable Power of Attorney, the state in which you reside may need to establish a guardianship in order to appoint an individual through the court system to act on your behalf. Guardianships are often costly and may take a substantial amount of time to be established. Prior to the establishment of a guardianship, when required, there is not an individual with authority to make important medical, financial, and/or business decisions on your behalf.

Q:      Do I really need a Designation of Health Care Surrogate and Durable Power of Attorney?

A:      Yes. The Designation of Health Care Surrogate specifically addresses medical matters while
the Durable Power of Attorney deals specifically with financial matters, real estate, bill paying,
and/or business matters. In order to avoid the necessity for a guardianship, the State of Florida
requires an individual to properly execute both a Designation of Health Care Surrogate and Durable Power of Attorney prior to becoming incapacitated.

Q:      Can I just inform a close friend or relative of my wishes regarding my intentions with regard to being kept on life support?

A:      No. As with the highly publicized case of Terri Schiavo, family members and friends may not
share the same interpretation of your opinion regarding life support. This may lead to a lengthily
and costly dispute among those close to you. By executing a Living Will, your wishes will be clearly stated in writing and shall be carried out by your medical providers and the individual you have
designated to act on your behalf as Health Care Surrogate.

Q:      Who will be appointed as Personal Representative or Executor of my estate in
the event I have not properly designated an individual to handle the administration of my estate in my Last Will and Testament?

A:      The state in which you resided in at the time of your death will determine who shall be
designated to act as Personal Representative to handle the administration of your estate in the
event you have failed to designate someone by preparing a Last Will and Testament. In the event
that there are more than one (1) eligible designees to act as Personal Representative of your estate, each eligible designee must come to an agreement regarding the appointment of an individual which may require litigation, additional attorney’s fees and court costs to your estate.

Q:      Who will receive my assets upon my death in the event that I have not prepared a Last Will and Testament?

A:      The state in which you resided in at the time of your death will determine how your assets
shall be distributed at the time of your death based on the laws of intestate succession.

Q:      Who would care for my minor children if I die before they reach the age of
majority?

A:      It is important to designate an individual to care for your minor children in the event you
were to die before they reach the age of majority as well as a person to handle any assets that your children would inherit from your estate. Your wishes regarding the care of your minor children
should be clearly stated in your estate planning documents naming the individual(s) you would like to care for your children and outlining any special instructions that you would like the caregiver(s)
to follow.

Q:      Do I need to have an attorney prepare my estate planning documents or can I
write up my wishes on my own.?

A:      If your estate planning documents are not properly prepared and executed they may not be
valid and enforceable. If the documents are not enforceable, the state in which you reside may still
be required to designate individuals to act on your behalf and distribute your assets upon your death. There are strict requirements that must be followed from each state regarding the preparation and execution of estate planning documents.

Q:      I have estate planning documents from another state where I previously resided, will they still work in Florida?

A:      Generally not. Each state has established state specific rules regarding the preparation and
execution of estate planning documents. Your estate planning documents may have been valid in the previous state that you resided in and not be enforceable in the State of Florida. It is recommended that you speak with an estate planning attorney licensed to practice in the State of Florida and have your estate planning documents reviewed.

Q:      I had estate planning documents prepared and executed many years ago, are they still good?

A:      They may or may not be. The State of Florida does change certain requirements regarding
the preparation and execution of estate planning documents from time to time. It is recommended
that you speak with an estate planning attorney licensed to practice in the State of Florida and have your estate planning documents reviewed to make sure they still meet the current requirements for
the State of Florida.

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Robert J. Myers is managing attorney of the Estate and Trust Division of  Maney l Gordon P.A.,
located at 1135 Pasadena Avenue South, Suite 140, St Petersburg, Florida. The telephone number is 727-347-5131.  Mr. Myers welcomes calls regarding these articles and other related legal topics. 
This column outlines general legal principles and is not intended to give you legal advice. 
If you have a specific question about the law, please consult an attorney.