How to Create a Living Trust

Introduction

How can you safeguard the wealth that you've earned and pass it on
to your heirs? One way is to establish a living trust. This financial
arrangement gives someone you choose legal title to your property
during your lifetime. This means he or she--not someone the state
chooses--will take care of your property should you become incapacitated.
Living trusts cost more to create, administer and manage than
wills, but they also avoid probate costs, reduce estate taxes, and set
up long-term property management. Plus they offer more privacy than
wills, keeping your finances out of the courts.

Instructions

Difficulty: Moderate

Steps

1

Step One

Learn the difference between regular trusts and living trusts. A trust is a legal arrangement where you give control of your property to a trust and name a trustee and beneficiaries. A living trust differs from a regular trust in that it is created while you're alive, and it allows you to control the distribution of your estate and to transfer ownership of your property and assets into the trust. It also allows your beneficiaries to avoid probate. Many times, living trusts are irrevocable--once you give the money or asset away, you can't get it back.

2

Step Two

Determine if a living trust is right for you. Consider one if your total estate is valued at $100,000 or more; if you will be subject to estate taxes; or if you have a complicated family situation, such as children from a previous marriage whom you wish to ensure receive their share of your estate. An estate attorney will help you figure out if a living trust is what you need. Key questions to ask include: Am I up to the comprehensive recordkeeping duties that come with managing the trust? Do I want to give someone control over my estate if I become incapacitated? Is a will a better option for me?

3

Step Three

Talk to an experienced estate-planning attorney or a financial adviser. You'll need a lawyer anyway, as most states require that attorneys draft living-trust documents. Ask your local bar association (abanet.org) for a list of reputable lawyers or contact LegalMatch.net. When you interview candidates, look for someone with whom you'll feel comfortable working and whose rates are reasonable. Always have the attorney write out any agreements for services and fees.

4

Step Four

Protect your family's privacy by avoiding probate. Probate is a legal process where a deceased person's will is filed with the local court, and only after all debts are paid off are any remaining assets and property distributed. Probate costs can range from 2 to 4 percent of the total value of your estate. If your estate comes before a judge in court, your will becomes public, and anyone can inspect it. Keep your affairs private with a living trust, and help your loved ones avoid this costly, time-consuming process.

5

Step Five

Fund your living trust sufficiently. You can use numerous sources, including bank accounts, bonds, stocks, real estate, personal property and life insurance. You simply need to ensure that the title on these assets is retitled with the name of your trust. Also ensure that you transfer any property you own from your name to the trust's name. An estate-planning specialist, ideally a lawyer or a financial adviser, will be able to walk you through it.

How to Become a Notary in Florida

Introduction

A notary public is a state-appointed government official with the authority to witness the signing of legal documents and administer oaths. A notary helps to prevent fraud by validating the identity of a signatory and confirms that a document is appropriately executed. Additionally, a notary authenticates that the person signing a document in the notary's presence is doing so of their own free will and has a thorough understanding of what they are signing.

Instructions

Difficulty: Moderately Easy

Steps

1

Step One

Take the 3 hour notary public training course, which is required by the state of Florida. You can take the course from the Florida Department of State Web site or from the National Notary Association Web site (see Resources). You will then receive a certificate of completion.

2

Step Two

Download both the notary public application form and the bonding form from the National Notary Association. Complete and mail these back to the National Notary Association along with a copy of the course certificate of completion. The National Notary Association will activate your bond and file it with the Florida Department of State.

3

Step Three

Obtain your notary application, alternatively, from a bonding company. You can find a list of Florida bonding companies on the Florida Department of State Web site. Fill out the application and send it back to the bonding company along with a copy of the course certificate of completion. The bonding company will then activate your notary bond and file it with the Florida Department of State.

4

Step Four

Obtain the necessary tools to conduct business as a notary public in Florida. An inkstamp is required, and a recordbook is recommended.

Tips & Warnings

• Even if you are not required to pass an exam, it's a good idea to take a course to gain a thorough, working knowledge of the obligations, rules of conduct and guidelines to being a notary public.
• There are several private companies that will take you through the entire process of becoming a notary in Florida for a fee.
• Obtain Notary Errors & Omissions Insurance to protect yourself from any lawsuits. The notary bond protects your client from any errors or negligence on your part. The Errors & Omissions Insurance protects you.
• You will be required to pay state application fees. Check with the National Notary Association or the Florida Department of State for more information.
• Your term of office in Florida is 4 years. Be sure to renew your commission before your term expires. A refresher course is not required for reappointment of your notary commission. You can renew your commission through a bonding agent. If your commission has expired, but you have taken the course, then send your course completion certificate along with your renewal application to a bonding agent. You can also renew your commission through the National Notary Association.
• You must be 18 years of age or older, a permanent resident of Florida and be conversant in English. If convicted of a felony, you must have your civil rights restored.

How to Set Up a Pet Trust

Introduction

Pet trusts are becoming more and more commonplace due to the love and concern Americans have for their pets. After all, pets are considered family members, and it only makes sense to provide for your family member in the event of your disability or death. A pet trust is a legal document that can be monitored by the courts and allows you to entrust money or property to a “trustee” who will be responsible for managing it and distributing it to your designated caregiver for the duration of your pet’s life. There are several steps involved in creating a pet trust--follow these steps and you'll have your trust set up in no time.

Instructions

Difficulty: Moderate

Steps

1

Step One

Find out if you live in a state that allows pet trusts. Many states do, but not all. Certain states allow what is known as an honorary pet trust, which permits pet owners to leave funds to a specific person, but without court oversight.

2

Step Two

Hire an attorney to assist you with setting up the trust.

3

Step Three

Include the name and address of a designated trustee and a designated caregiver, as well as a successor trustee and successor caregiver who will take over in the event the primary trustee or caregiver can no longer fulfill their obligation to care for your pet.

4

Step Four

Positively identify your pet in order to prevent fraud with photos and a microchip. Also, you might consider providing DNA samples.

5

Step Five

Describe your pet’s lifestyle, including exercise and play habits and specific care instructions such as what type of foods to feed him and how often. Specify any health problems and medications your dog requires, as well as how to administer the medication.

6

Step Six

Provide the name(s) of veterinarians that have treated your dog and require that the trustee ensures the caregiver provides regular veterinary check-ups.

7

Step Seven

Determine the amount of cash or assets needed to adequately cover the expenses for your pet’s care. Also specify how the funds should be distributed to the caregiver.

8

Step Eight

Establish the amount of cash or assets needed to cover the administration of the pet trust. For instance, fees accrued by the trustee and attorney fees.

9

Step Nine

Name a beneficiary to receive any remaining funds that are not used by the pet trust.

10

Step Ten

Provide instructions on how to handle your pet’s remains.

Tips & Warnings

• You can designate a portion of the proceeds from your life insurance policy to fund a pet trust.
• If a pet trust law does not exist in your state, you can still set one up as long as you establish some connection with a state that has one. For instance, if your designated trustee and/or caretaker live in a state that allows pet trusts or you own property in a state that allows pet trusts.
• The Humane Society of the United States publishes a free estate planning kit, titled, “Providing for Your Pet’s Future Without You” and encourages every pet owner to establish a trust to ensure your pet is cared for in the event of your severe disability (in which case a will would not be valid). For more information or to order a kit, visit the HSUS website: www. hsus.org/petsinwills or call (202) 452-1100.
• A good source for information on estate planning for pets is the book "All My Children Wear Fur Coats" by Peggy R. Hoyt, J.D., M.B.A. (See Resources below)
• Only appoint a trustee and caregiver you know you can trust after carefully discussing it with them and feel certain they are willing and able to take on the responsibility of your pet.
• Always keep your pet trust up to date and clearly state that the trustee receives the money only in the event that your death or illness precedes that of your pet. There have been cases where pet owners ended up surviving their pets, yet trustees were still awarded money by the courts.

How to Know a Family Lawyer is Doing His Job

Introduction

More than likely, you have used the services of an attorney, whether to write a will, fight a speeding ticket, buy a house or represent us in some other civil matter. You may have received bills for services where every minute spent by the attorney or his staff is listed in excruciating detail. How do you know if your family attorney is doing a good job for you?

Assuming that you've chosen an attorney after some sensible research, you should be an informed consumer of legal services. Ask yourself a few questions--and if you don't know the answer, ask your attorney before taking further action. Read on to learn more.

Instructions

Difficulty: Moderate

Things You'll Need

• Access to the Internet or a public library

Steps

1

Step One

Are you informed of court dates, filings and other events in your case's history? Frequently, if a litigant (that's you) is represented by an attorney, courts send notices of appearance to the attorney of record, presuming that the attorney will communicate with her client. If you miss an appearance, the court may find against you, so it's important for you to keep track of appearances. Attorneys who forget appearances or ask for adjournments (re-scheduling) frequently may have too much work or too little help to give your case the attention it requires.

2

Step Two

Is your attorney prepared when you talk to him or he appears in court with you? Many attorneys read volumes and are accomplished pack rats. This is OK if your attorney is able to pull the current draft of your will out of that stack of paper on the fourth shelf of the bookcase behind his desk. If he takes too long to find things, you're probably financing some search time. Lawyers start and stop dozens of jobs in a work day and the atmosphere in many law offices alternates between that of a circus and a tomb. As a client, you should find your legal representative and staff ready to focus on your case and use their (your) time wisely and productively.

3

Step Three

If your case involves court appearances, is your attorney there early to explain what's about to happen and what you should do (presumably your attorney has told you to dress neatly and to stand up when the judge enters or stands)? Your attorney should explain to you what to expect in court--and what sort of procedure will be followed. You deserve to have your questions answered and you deserve it in terms you understand.

4

Step Four

Do you have questions about your attorney's work or ethics? You can consult your state's attorney discipline organization to find out if there have been complaints about her. These organizations are variously known as attorney discipline, attorney regulation or attorney ethics boards or offices and are generally organized by your state's Attorney General or supreme court. State bar associations and attorneys general often have attorney grievance committees. All of these organizations maintain public records of discipline.

5

Step Five

Do you trust your attorney? Sometimes personalities just don't mesh. Sometimes clients want a friend instead of an advocate. And sometimes, lawyers are just too busy to take another case but can't turn it down for one reason or another. If you don't think that your attorney is serving your best interests, let him know why. Maybe it can be cleared up. Maybe he'll say you should seek other counsel. Either way, you'll have your concerns out on the table and feel better about your choice to go or stay.

6

Step Six

If you have suspicions, check with an organization in your state that keeps track of lawyer complaints. Some index websites are listed below, beginning with the American Bar Association.

7

Step Seven

If you do change attorneys, be sure to ask that a copy of your file be forwarded to your new attorney. You will need to sign a release for this to be done.

Tips & Warnings

• Most state bar associations have staff that are willing to answer questions about attorney performance. Do not expect them to deal with a specific situation or give you legal advice, though. They can tell you what the code of ethics is in your state, but cannot take sides in a dispute. Most bar association and state court system websites will have a link to the state's attorney code of ethics.
• Always be civil. Most mistakes committed by attorneys are due to lack of time or organization and they will gladly address your concerns. In cases where incompetence or an ethics violations is actually at issue, rather than yelling at the attorney, file a complaint with your state's Attorney General or court system's office or board of attorney regulation or discipline. Making a complaint to the right body may save someone else the grief you've gone through.
• Attorneys practice in all sorts of ways from solo general practitioners to partners or associates in large multinational firms. It is usually easier to answer questions about whether your solo or small-firm lawyer is doing a good job for you. But large firms will do just as good a job and have wider resources to draw upon. In a large firm, you may not always deal with the same lawyer but if you're frequently passed on to a paralegal or some other member of the firm, start asking questions.
• Do not expect an attorney representing, say, your parents to talk to you about their affairs unless your parents have instructed her to do so. Privacy regulations and legal ethics dictate that attorney-client discussions are privileged, meaning they belong only to the attorney and client.

How to Write Your Will

Introduction

Everyone needs to write a will even if you don't have significant assets. It can be done without expensive visits to a lawyer. With today's modern convenience of the Internet, there are plenty of online ways to create a will. A lot of these take less than an hour from start to finish and cost less than $100.

Instructions

Difficulty: Moderately Easy

Things You'll Need

• List of assets
• List of debts
• Last wishes

Steps

1

Step One

Calculate your assets. It is important to make an estimate of any assets you have. If you have less than $2 million, you may avoid estate taxes.

2

Step Two

Pick your heirs. When writing a will there are a lot of decisions to make--whom to leave property and/or assets to and appointing an alternate heir, in case your first choice doesn't survive.. If you are married your spouse should make a separate will. Property and assets that are jointly owned will automatically go to the surviving co-owner. Also, note that retirement accounts and life insurance where a beneficiary has been named are not under the jurisdiction of a will.

3

Step Three

When creating your will online always remember to print it and mail it to yourself. It is required by all states to have at least two witnesses when you sign your will. It may also be necessary to select executor or person who will carry out the terms of your will. This person, can and often is someone who will inherit assets under the will. Some states may require a notarized witness affidavit.

4

Step Four

Once your will is completed, put it in a safe place. Make several copies of your will and keep them in separate locations. Tell your loved ones and your executor where your will is.

5

Step Five

See Resources below for links to online will sites.

How to Write a Health Care Proxy Document

Introduction

A health care proxy, known as a "living will," "advance directives for health care" or a "durable power of attorney for health care," is a legally recognized document that reflects your medical treatment wishes. Without such a document of intent, the decision to keep an incapacitated patient alive by extreme measures could be left to the state. While such a subject may difficult to consider, preparation can save your family the pressure of stressful decisions in the future.

Instructions

Difficulty: Easy

Steps

1

Step One

Get a form. Health care proxy forms are available in stationery stores and online. It isn't necessary to have these forms prepared by a lawyer. Although you can use the sample forms as written, they also serve as guidelines if you want to develop your own.

2

Step Two

Think about what you want. An "advance directive" spells out your wishes as far as the kind of medical care you do or don't want.

3

Step Three

Choose someone to whom you can give the legal authority to make medical decisions if you are unable to decide for yourself. The proxy directive, also called a "durable power of attorney for health care," names the individual you have chosen. Naturally, you must consult with this person to be sure that they understand and are willing to accept this responsibility.

4

Step Four

Spell out the specific medical treatments you wish to accept or refuse in an instruction directive, or "living will."

5

Step Five

Consider a combined directive. This is a single document that both spells out treatment and names the proxy.

6

Step Six

Don't worry--the proxy is in effect only as long as you are unable to make these decisions. Should you regain this ability, you can make your own decisions. You can change or update a directive at any time and also have the power to revoke it.

7

Step Seven

State clearly in the form that if you are unable to give directions about your care, your family and physicians must honor the directive. The declarant must also state that he or she is legally competent to prepare the directive.

8

Step Eight

Spell out such decisions as situations that would lead to DNR (Do Not Resuscitate) and forgoing life-sustaining treatment. Of course, your directive can also request that such treatments be used, as well as refused. In that case, the directive should state that artificially provided fluids and nutrition should be provided, to the extent appropriate.

9

Step Nine

Address such issues as artificially provided fluids and nutrition, CPR, life-sustaining measures including mechanical or artificial means, terminal condition meaning an irreversibly fatal illness, permanent unconsciousness--meaning vegetative state or irreversible coma and permanent vegetative state, in which a patient may be kept alive by artificial means, incurable and irreversible disabling diseases such as Alzheimer's and brain death.

10

Step Ten

Provide instructions for such specific situations as withdrawal or withholding of specific treatments, the medical conditions under which the patient's wishes must be implemented and any other special considerations.

11

Step Eleven

Include organ donation instructions.

12

Step Twelve

Have the documents signed and notarized in the presence of 2 witnesses, neither of whom can be the designated proxy or alternates. The witnesses can't be related by blood or marriage to the person making the proxy, entitled to any portion of that person's estate, an attending physician or a person who has a claim against the declarant. Copies of the documents should then be given to the person named as representative, to family members and to the declarant's physician. If the patient is about to be hospitalized or enter a nursing home, the documents should be presented and become part of the patient's record.

Tips & Warnings

• Your proxy should understand that he or she is responsible for carrying out your wishes, even if others disagree. The proxy document should also name one or two alternate individuals, in case the original is unable to serve.
• Make sure your directive states your true wishes. If you prefer not to be kept on life support if you suffer from an incurable condition, you should state that two or more physicians must determine that you are in terminal condition, and if life sustaining procedures would only serve to delay the moment of death, then such heroic measures should be withdrawn and the declarant (you) should be allowed to die.

How to Understand a Codicil to a Will

Introduction

A codicil to a will is a part of a will that is added after the original version was drafted. Codicils are often added to change, correct or update a will without changing the entire document. It is important to understand a codicil to be sure that the intentions of the will are carried out.

Instructions

Difficulty: Challenging

Things You'll Need

• Estate planning attorney
• Copy of the original will and codicil

Steps

1

Step One

Make an appointment with an estate planning attorney in your area. This should be the same attorney that drafted the will and codicil if at all possible.

2

Step Two

Read the original will with the attorney to get a broad understanding of the intentions of the will.

3

Step Three

Go over the codicil to see how it changes or amends the original document.

4

Step Four

Make sure that the codicil has been signed the same way as the original will. The codicil will identify the will by referring to the date the original document was written.

5

Step Five

Ask any questions you may have concerning the codicil. Provide any information you can to the attorney about changes in family situations that may have warranted the need for a codicil.

6

Step Six

Find out how the codicil will effect how the executor of the estate will carry out the wishes of the will.

7

Step Seven

Inquire what your next step should be if there are other questions, or if you feel the codicil does not reflect the wishes of the person who signed the original will.

Tips & Warnings

• Understand that a will is a legal document and the wishes of the individual must be carried out even if you don't agree with the will or codicil.