PetWill Radio

Thursday, April 30, 2015

The Reading of the Will – Fact or Fiction?




Inevitably, after a client has passed away, a family member will call and ask, “Will there be a reading of the Last Will?”  The answer is:  only if the family wants it.  The “reading of the will” is generally something you only see in the movies.  It adds to the movie drama (cue the music), when the son finds out in front of the family he has been disinherited.  

Logistically, for many families it would be hard to get everyone in the same place at the same time. Additionally, unless everyone signs a Waiver of Conflict, the attorney cannot provide advice to every member of the family.  The attorney can only provide legal advice to their client, generally the Personal Representative/Executor and only after having been engaged for this purpose.  If there was a “reading of the will,” chances are high everyone will be asking questions requiring legal advice.
So how do the interested parties know what the Last Will says?  Florida law provides the custodian of a Last Will must deposit the original will with the clerk of court in the county having venue of the estate within ten (10) days of knowledge of the death.  The court will keep the original Will and it becomes part of the public record.  Interested parties are able to obtain a copy from the court upon request. Beneficiaries may also make a request to the Personal Representative of the estate for a copy of the will and they would be entitled to receive it.    

Whether the “reading of the will” is fact or fiction really depends on your family.  For the majority of clients, it’s pure fiction.

To assist in preventing family drama, an updated estate plan done with a knowledgeable attorney and team of trusted advisors is key. For more information please attend one of our complimentary educational workshops.  Bring a friend and a get a free autographed copy of one of Peggy Hoyt's books.  Visit our website at Hoytbryan.com or call us for more information at 977-8080.    

Tuesday, April 21, 2015

The Green Way to Eternal Rest

Funeral homes are getting in on the “green” movement. They now offer different types of “green” burials. Chemicals are not used in these types of burials and you can opt for a biodegradable casket, or a “natural” burial where no embalming fluid is used and the body is wrapped in a biodegradable material, buried in the ground and allowed to decompose naturally. Natural burials take place at specially preserved “conservation cemeteries” monitored by the Green Burial Council or GBC. The GBC has strict rules that restrict how the grave site is dug, the types of markers that may be used, how soil is removed and replaced, and restricting the use of vaults or cement grave liners. Only biodegradable material is allowed to be buried with the body.

If you want to be cremated, don’t worry, there is an environmentally friendly method called bio-cremation or green cremation. The official name of the procedure is alkaline hydrolysis.  The process entails wrapping the dearly departed in a biodegradable covering, such as a silk wrap, and then placing them in a chamber filled with mostly water and alkali. The water is then heated to 350 degrees and the remains are liquefied.  Soft bone fragments remain which are then ground and placed in an urn for delivery to the family.

This method of cremation is more energy efficient than the traditional method; dissolving bodily remains using only 5% to 10% of the energy required to create the 1700 degree temperatures necessary for traditional cremation. Traditional cremation techniques also release harmful gases into the atmosphere due to the burning of mercury fillings and metallic joint replacements that are not created in the alkaline hydrolysis procedure. The green cremation method also allows recycling of these metallic joints as they do not dissolve in the alkaline solution.

The cost of green cremation is comparable to traditional cremations and takes about the same amount of time. Currently, six states, including Florida, have passed laws allowing alkaline hydrolysis as a method of cremation and several more have legislation pending.

When discussing final arrangements with your loved ones, you now have several options if you want to go out “green”!

For more information, check out http://alkalinehydrolysis.com/.


The Law Offices of Hoyt & Bryan, offers a quarterly workshop entitled, "What to Do When Someone Dies."  At this workshop we partner with local funeral professionals to answer all your important questions.  Bring a friend and receive a complimentary copy of Peggy Hoyt's book, Straight Talk! What to Do When Someone Dies.  For more information, please visit our website http://www.HoytBryan.com or call us at 407-977-8080.  

Tuesday, April 14, 2015

GRANDMA AND GRANDPA ARE LEFT WITHOUT INSTRUCTIONS

Imagine, you are on your way to a week long vacation in paradise. Your children are safely with Grandma and Grandpa. Safe that is, until young Henry falls off of his bike and breaks his leg. Of course, you have no knowledge he has broken his leg because you are mid-flight to your vacation destination. What are Grandma and Grandpa to do? They cannot leave Henry with a broken leg until you can be reached. So, they decide to take Henry to the emergency room. When they arrive at the ER, they are presented with several forms to review, complete, and sign. Here lies the problem: Henry is a minor and his grandparents do not have legal authority to make medical decisions for him. Henry will have to wait until his parents, his legal guardians, are available to be reached and consent to his medical care and treatment.

This situation could be easily avoided with a simple estate planning directive called a Special Durable Power of Attorney. This directive allows you to designate an Agent(s) for your minor child that has been left in the Agent(s) care. The Special Durable Power of Attorney allows the Agent(s) to perform and consent to decisions for purposes of providing care, shelter, clothing, education, and medical assistance for your minor child while they are in their custody.

If you have minor child and do not currently have a Special Durable Power of Attorney in place, have no estate planning, or it has been at least three years since you reviewed your existing estate plan, please feel free to contact our office to schedule an appointment with one of our experienced attorneys.  Feel free to attend our signature workshop, "The Truth About Estate Planning."  Bring a friend and receive Straight Talk - The Truth About Estate Planning, a complimentary book written by Peggy Hoyt, one of our founding attorneys. 


For more information or to schedule an appointment, call our office at (407) 977-8080 or visit our website at www.HoytBryan.com

Thursday, April 9, 2015

Choosing Agents for Health Care and Power of Attorney

           One of the most important decisions you can make when planning for your future is who will take charge of your health care and financial decisions while you are alive, but unable to make these decisions for yourself.

           The agent responsible for your finances is named in your Durable Power of Attorney.  This document allows your agent to handle all financial decisions on your behalf. In 2011, there was a substantial change in the law governing Florida’s Powers of Attorney. If your Power of Attorney was executed prior to 2011, it may be a good idea to update your document, to ensure your agent is not restricted in what they may be able to do while acting on your behalf.

           Your Health Care Surrogate, named in your Durable Power of Attorney for Health Care, is in charge of all everyday medical decisions governing your care, in the event you are unable to make those decisions or communicate them for yourself.

           These are two of the most important people in your estate plan, and these roles are too often overlooked. Some people decide to name the same person for both roles, giving them control over both finances and medical decisions. Other people have named separate agents based on the agent’s strengths or personality. Ultimately it is up to you to decide what works best within your family dynamic. The key point being, whoever you name as your financial or medical agent, they must be someone that you trust implicitly to carry out your wishes in the manner you have requested.
The best agents are people you trust will act in your best interest. Discussing your wishes with this person prior to signing a Power of Attorney or Health Care Power of Attorney is highly recommended. This will help clarify your wishes and intent for your agent. It should also minimize confusion when and if you are unable to communicate clearly, and will provide them with some guidance on what they may be expected to do on your behalf.

           While most people do not wish to think about, let alone discuss, these issues, it is better to be prepared than have your loved ones guessing, or worse, fighting about what you would want done.
If you do not have estate planning in place, or it has been at least three years since you reviewed your plan, feel free to contact our office to schedule an appointment with one of our experienced attorneys.


           For more information or to schedule an appointment, call our office at (407) 977-8080 or visit our website at HoytBryan.com.