Estate Planning

Raise your hand Class, if you understand PROBATE. Keep your hand up if your affairs are in an estate folder to avoid probate for your loved ones should you get hit by a bus. Okay if your hand is raised, you’re dismissed. If you are still looking around feeling confused by the words, “probate, estate planning, or affairs in order” let’s proceed.

Probate is the court process that happens to houses, cars, bank and life insurance accounts for loved ones to establish the property belongs to them after their person dies. This has to be in writing and on file with the Clerk of Courts in varying time frames based on where you live. This is Melbourne. Your loved ones have 30 days after your bus accident to get your will on file with the Clerk of Courts.

Until your will is on file, your survivors may not be able to access funds, life insurance pay out, sell cars or homes, move CDs into cash or higher interest. No estate sale of the inheritance jackpot of salt and pepper shakers, tiny spoons, or Dad’s tools. If there is no will to put on file with the Clerk of Courts, an estate attorney will be happy to assist you through Probate proceedings. There are a myriad of scenarios that this plays out and for how long? One lady I met at said Clerk of Courts had been fighting Probate for three years just to sell her house so she could buy a car to get to work again.

Part of estate planning also includes advance directives, healthcare proxy, and targeted donation forms. I found Five wishes dot org to be of great assistance and free for any state specific advanced care planning. I did my BSN capstone on it. If it is not in writing with your physician and family, the hospital will try to keep you alive even if you’re 99 with cracked ribs from CPR. You do not need an attorney to make known your health care planning. In some states it does need to be notarized or on a specific color of paper. (Florida YELLOW DNR).

Who do you want to speak for you if you are unable to speak for yourself? Is it written down and put with that person and your physician? If not, you’re at the mercy of the healthcare system. Here in Melbourne,  some call it “Heaven’s waiting room” because of the demographics of elderly retirees. The patient to staff ratio in most hospitals set forth by the Board of Nursing and Department of Health State agencies,  is 8:1 for med surg, 4:1 PCU and 2:1 depending on acuity in ICU, CCU. Skilled Nursing Facilities set the ratios much higher and are lucky to get staffed to those levels, at 25:1. Long term care gets 50:1 very brave nurse. Because our population is mostly Medicare, Medicaid, and VA based, the for profit healthcare systems are overwhelmed by patient load. Getting an appointment for a specialist is typically booked out three months and to establish with a new primary care is between you and your insurance. It may take awhile.

Florida is very litigious so if you are a healthcare provider, please carry liability insurance.  There are statutes and state ammendments that enable citizens to sue eachother here for max amounts if things don’t go their way, then it’s everyone for themselves. I realize that isn’t unique to Florida, but I was naive before moving here and have met some real characters.

Thank you for reading this far, please call an estate attorney asap, who will take care of your pets?

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