Over-the-Counter Medications That Are Safe for Dogs (And How Much to Give!) | The Dogington Post

This is good information to keep handy.  

Over-the-Counter Medications That Are Safe for Dogs (And How Much to Give!) | The Dogington Post

Holiday Open House Noon until 7 p.m. Today!

Join us at The Law Offices of Hoyt & Bryan today from noon until 7 p.m. for our annual holiday open house! 

There will be lots of good food, desserts, drinks and great company.  Come meet our team and enjoy some holiday cheer!

We are grateful for all of our clients and friends.  We wish you nothing but the best and happiest holiday season ever.  See you soon!

10 Halloween Safety Tips for Children with Special Needs | Parenting Special Needs Magazine

This article points out 10 Halloween safety tips - they apply to all children, not just children with special needs.  Let's make sure that all children have a safe and happy Halloween experience.  

10 Halloween Safety Tips for Children with Special Needs | Parenting Special Needs Magazine

Hoyt & Bryan Team Members attend Julie Eason Smith 5k Stride

Peggy Hoyt, Tiffany Waters and Elizabeth Fromel attended the Julie Eason Smith 5k Stride held on Sunday October 6, 2013 at the Oviedo Mall. The event benefits a scholarship program for a young woman studying business administration. 

There was terrific community support and the Oveido Businesswomen Network (OBN) was out in full force.  The weather was great and everyone had a great time!

One Senior Place Commercial

This is the new One Senior Place Commercial.  The Law Offices of Hoyt & Bryan is the only resident law firm serving then needs of One Senior Place visitors. 

Watch carefully for Tiffany!

Caring for a Loved One with a Memory Disorder

Read this article to learn more about recognizing the signs of Alzheimer's and dementia, understanding the role of a caregiver, and how to choose a professional caregiver.  

Every day we meet with clients who have concerns about loved ones that are experiencing memory loss.  In the early stages, they may be easy to care for and to keep at home.  In the later stages, assisted living or nursing home care may be required. 

If you have a loved one that has been diagnosed with a memory disorder and have questions about asset protection for long term care, please join us for one of our upcoming workshops - "The Truth About Medicaid Planning." 

Case Raises Serious Issues About Special Needs Trustees

Choosing a trustee is never an easy decision.  When there is a child with special needs and a special needs trust, the decision becomes even harder, and more critical.  We frequently recommend a corporate trustee for a special needs trust because of the complexity surrounding distribution rules, the importance of maintaining eligibility for government benefits and the need for professional management and investment.  We often recommend an Advisory Committee made up of family members, friends and others that play an important role in the life of the special needs person.  Including a Trust Protector is a special needs trust can also be important in the event there is a need to remove or replace an existing trustee or for the purpose of amending the trust in the event the law changes.

For more information on special needs trusts, selecting a special needs trustee and protecting your loved one with special needs, please don't hesitate to call on us.  

Case Raises Serious Issues About Special Needs Trustees

What to do before you turn 65

We get a lot of questions about Retirement and Medicare.  Here's a good checklist of things to know and do.  

Turning 65 | Turning 65 Checklist | What to do before you turn 65

Should I Own My Florida Homestead Property in My Revocable Living Trust?

Should I Own My Florida Homestead Property  

In My Revocable Living Trust?

     A commonly asked question is, "Should I own my homestead in my trust?" Generally, the answer is, "No." This is not because of your ad valorem homestead exemption or even your Constitutional protection from the claims of creditors. It is not because we don't want you to avoid probate. Instead, it is because Florida law dictates who can receive your Florida homestead property.  

     Florida has very unique and strict laws regarding the distribution of your primary homestead residence after you die. Specifically, if you die owning your homestead property in your individual name and you are survived by a spouse or a minor child, Florida law dictates to whom you can leave your property. If you are survived by a spouse and no minor child, you can only leave your property to your spouse. If you are survived by both a spouse and a minor child, the spouse automatically receives a life estate and your lineal heirs (all your children) receive the remainder interest. If you violate the law by directing a different result, the law will prevent your intended distribution and substitute its statutory rule, as outlined above.

  

     Florida homestead rules can particularly be an issue for married couples who create revocable living trusts and title their homestead to their trusts. If a husband and wife title their homestead property such that 50% is in the name of the Husband's trust and 50% is in the name of the Wife's trust - there can be an unexpected and undesirable result. If the Husband dies, survived by the spouse and no minor child, the law requires him to leave the home only to his spouse. However, unless his trust specifically directs a distribution of the homestead to the spouse (which would be the exception in our experience, not the rule), then the surviving spouse receives a life estate, and the remainder interest is distributed to his lineal heirs (children). This could be a good or a bad result, depending on the family circumstances. Are his children also her children? Do any of them have special needs and are they receiving government benefits? Did he intend to benefit his children in this way?  

     If there is a minor child, there will be a similar result, only now there will also need to be a guardianship established for the interest of the minor child. We have seen this situation arise time after time, with unexpected and unfavorable consequences. Bottom line, if you are a married person you should only own your home as husband and wife - also known as tenants by the entirety. That way, when one spouse dies, the survivor becomes the sole owner. If this is not the result you want at the time of your death, a more in depth discussion with your estate planning attorney is required.    

     If your planning directs an improper distribution of your homestead property and the directive ultimately fails because you have a spouse and/or minor child, the law directs that your spouse will receive a life estate and the remainder interest will go to your children. What are some of the potential problems that can arise in this scenario? What if the surviving spouse wants to sell or mortgage the home (including a mortgage refinance)? He or she will need permission from the children to do so. This could present a problem, particularly in a second or third marriage where the children are the deceased spouse's children and not the children of the surviving spouse. Additionally, the surviving spouse will be stuck footing the bill for all of the ordinary upkeep on the house, all of the real estate taxes, all of the insurance and all condo or homeowner association fees. This is true, even if the home expenses become unwieldy - the survivor cannot force a sale or refinance of the mortgage. One possible solution is a provision under Florida law that allows the spouse and children to share the property as 50/50 owners - only this election must be made within six (6) months of the date of death and generally by the time a problem arises, the time period has expired. The only way to avoid the possible negative effects of the Florida homestead rules is with a valid pre or post nuptial agreement that includes a waiver of homestead. This requires planning and the counsel of a qualified legal professional.   

     Florida homestead law is complex with lots of twists and turns. It can even have unexpected results for non-resident married couples who own a second home in Florida. They may be exempt from the Florida homestead restrictions on devise when they are not Florida residents. But, if they may later move to Florida permanently, become residents, and apply for the Florida homestead exemption, now, their home is subject to all of these same rules.

     If you and your spouse have titled your Florida homestead residence in the name of either or both of your revocable living trusts and would like more information about the result of this ownership upon your death, please contact the Law Offices of Hoyt & Bryan at (407) 977-8080 or visit HoytBryan.com, for more information.

One Senior Place Upcoming Workshops - Tuesday August 20, 2013

Two upcoming workshops:  Truths and Myths about Medicaid and VA Benefits and Family dynamics: Why Your Crazy Family Impacts Your Estate Planning.  Join us! 

http://myemail.constantcontact.com/Join-us-at-one-of-our-next-Estate-or-Medicaid-Planning-Workshops-.html?soid=1103577314459&aid=9AajUuBdQ1I

Loving Without a License - Opposite Sex, Unmarried Couples

There are a lot of reasons people decide not to get married.  It isn't their thing, it would cause one person to lose a pension or retirement benefit, it would interfere with existing planning and the list goes on.

Whatever the reason, if you or someone you know is in an opposite sex, unmarried relationship there are still really important reasons to do planning.  These reason primarily revolve around the ability of your partner to be able to make legal, financial and health care decisions for you in the event of a mental disability or health crisis.  Without legal directives appointing your partner as your agent or surrogate, you will not be protected.  Most state laws look at unmarried couples as no better than friends.  When you look at the state statutes, the decision making role for friends is at the end of the list after parents, siblings, cousins and more remote relatives.

If you want to control who makes your legal, financial and health care related decisions if you are unable to do so yourself, contact us today! 

If you want more information on Estate Planning for Alternative Families, please attend our complimentary workshop on Thursday October 3, 2013, at 6 p.m. at our Learning Center in Oviedo, Florida.

IRS Rules All Legal Same-Sex Marriages Count Now---Even Retroactively - Forbes

Good news for same sex married couples.  The federal tax rules now apply to you - even retroactively.  Read this article for more information, to read the Revenue Ruling 2013-17 or for frequently asked questions.

Stay tuned for our upcoming workshop, "Estate Planning for Alternative Families" scheduled for Thursday October 3, 2013, at our offices in Oviedo, Florida. 

IRS Rules All Legal Same-Sex Marriages Count Now---Even Retroactively - Forbes

Providing protection for children

Usually when you think about protecting your children it is in the context of minor children - those that have not yet reached the age of majority and need adult guidance. 

Obviously, this is important.  Minor children need to have a guardian appointed in the event the biological parents are unable to care for them.  Trusts should be created to administer, invest and distribute assets for a child's benefit until they are mature enough to manage their own money. 

But what about adult children?  Do they need protection?  They may not need protection from themselves because they have reached a stage of maturity where they are capable of managing their own lives and their money.  Do they still need protection from the possibility of divorce and catastrophic financial events?  Absolutely. 

Every day we meet with parents of adult children - children who are fully self sufficient and functioning in the responsible, adult world.  Yet, the parents still express concern and appreciate the need for protecting their children from the bad things that can and do happen to good people. 

Divorce is a reality in our society.  There is no way to guarantee that every marriage is going to last forever.  As a result, adult children may need protection in the event of a divorce.  Trust planning for adult children can accomplish this goal.

Catastrophic financial events are also a reality.  During these economic times, bankruptcy and foreclosure are at all time highs.  What would happen if a parent were to die, leaving assets to their adult children outright, if that child is involved in a lawsuit, bankruptcy or foreclosure?  The likely result is the inherited assets would become subject to the claims of their creditors.  Trust planning can avoid this result.

Children of all ages that have a disability need protection.  It probably goes without saying but we are continuously surprised at the number of families that have not done proper planning for children with special needs.  Peggy's book, "Special People, Special Planning - Creating a Safe Legal Haven for Families with Special Needs" explains in easy to understand language how important it is to plan in a way that will protect both the individual and their entitlement to government benefits.  Hoyt & Bryan is hosting their Fifth Annual Special Needs Conference on Friday September 20, 2013 at our office located at One Senior Place, 715 Douglas Avenue, Altamonte Springs, Florida.  Call for more information or to make your reservation. 

If you want more information about planning for adult children, please attend one of our upcoming, complimentary  "Truth About Estate Planning" Workshops. 

Waiting too long

One of the most common scenarios we see are families that wait too long.  They wait to do planning until they have reached a stage of crisis.  We like to say, "We prefer to do planning in advance, but we are experts at crisis planning."  This is a result of human nature - putting off until tomorrow the things that need to be done today.

Thinking about disability and mortality are not fun.  We would like to believe that nothing bad is ever going to happen to us or to one of our family members.  The reality is, bad things do happen to really good people.  Your best defense is a well-conceived estate plan, co-created with a counselling oriented attorney, that is updated and maintained to capture the four  L's. 

The four L's are those things that can change - changes in your Life, changes in the Law, changes in your Lawyer's experience and changes in your Legacy.  As the commercial says, "Life happens fast."  So true and the reason to act today. 

Yesterday, Peggy met with a client family where the mom and dad were in their 90's.  The only planning they had done was a will purchased from an office supply store and cobbled together with pieces of paper containing notes, items that had been marked out and pages that were missing - about 15 years old.  Anything amiss here? 

One glaring deficit is the fact there was no disability planning.  There was no one empowered to make decisions on behalf of mom and dad in the event of mental deterioration or a health crisis - all very likely for people in their 90's. 

The youngest daughter was providing full time care for her parents but was starting to feel the stress and strain of 24 hour care giving.  At some point it may be necessary for mom and dad to receive nursing home care.  If this becomes a reality, their new estate plan will be an essential part of the action plan - providing their loved ones with the authority necessary to provide the assistance they will need. 

Don't wait.  The only thing certain in life is change.

Welcome to The Law Offices of Hoyt & Bryan, LLC

The Law Offices of Hoyt & Bryan was founded in Oviedo, Florida in 1998 by partners, Peggy R. Hoyt and Randy C. Bryan.  By chance, they met at a meeting of the National Network of Estate Planning Attorneys held in Denver, Colorado.  Soon they discovered they had similar business goals and a commitment to providing excellent service to their clients.  The Law Offices of Hoyt & Bryan was born.

Today, Hoyt & Bryan employs more than eleven (11) full and part time team members including associate attorney, Sarah AuMiller.

They are still pursuing their earlier stated goal - providing excellent service and have adopted as their working motto, "Partners in Planning, Friends for Life."  Both Peggy and Randy have been known to say, "We only work with people we like."  Fortunately, those are the kind of people that regularly become clients.  "We enjoy the time we spend with our clients and coming to work every day is fun."