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Lisa Joaquin has told me that she is a nonlawyer and may not give legal advice, cannot tell me what my rights or remedies are, cannot tell me how to testify in court, and cannot represent me in court. Rule 10-2.1(b) of the Rules Regulating The Florida Bar defines a paralegal as a person who works under the supervision of a member of The Florida Bar and who performs specifically delegated substantive legal work for which a member of The Florida Bar is responsible. Only persons who meet the definition may call themselves paralegals. Lisa Joaquin has informed me that she is not a paralegal and cannot call herself a paralegal. Lisa Joaquin has told me that she may only type the factual information provided by me in writing into the blanks on the forms provided or by entering the data in an online questionnaire. I understand that Lisa Joaquin or any others representing her organization may not help me fill in the form and may not complete the form for me. If using a form approved by the Supreme Court of Florida, Lisa Joaquin or any others representing her organization may ask me factual questions to fill in the blanks and tell me how to file the form, if required. I can read English. ​ Business Information: Lisa Joaquin, Creative Innovations Marketing 11398 81 Avenue, Seminole, Florida 33772 Telephone Number: 727-656.4246 www.PeaceofMindForYou.com

No. Once the grantor dies, their Revocable Living Trust becomes irrevocable, meaning that it can no longer be changed.

A Revocable Living Trust is a document that allows you to place assets or property into a trust so they can seamlessly transfer to your beneficiaries after you pass away. Trusts are legal entities that hold assets for beneficiaries to eventually inherit. You can amend or revoke the terms of a Revocable Living Trust at any time.

As the grantor, you still own the property within a Revocable Living Trust. Despite transferring an asset's title to the name of your trust, the asset is still considered part of your property when you use a Revocable Living Trust. The law still considers you the owner of the property within your Revocable Living Trust because you can change ownership of the property or terminate the trust at any time, and control the trust's contents as trustee.

Fu​nding your trust simply means transferring ownership of your assets from your individual name (or joint names) to the name of your trust. With our service, a licensed title agent will prepare a new deed for your property and we will record it for you with clerk of court, ensuring that your trust is properly funded. You should also change most beneficiary designations to your trust so those proceeds will flow into your trust when you die. NOTE: This is one of the most important steps, because if you have signed your trust but haven’t changed titles and beneficiary designations, you will not avoid probate. Your trust can only control the assets you put into it.

A deed is used to transfer real estate to or from a Revocable Living Trust. This is done with a Warranty Deed or Quit Claim deed. * Important Note: This is called funding your trust and is perhaps one of the most important steps because if your trust is not properly funded, your estate will NOT avoid probate. Ensuring that your trust is properly funded is part of our service. A licensed title agent will prepare your new deed and we will record it for you with the Clerk of Court. A Beneficiary Designation is part of a bank account, investment account, insurance policy, etc., that specifies who will receive the proceeds of a specific asset, such as life insurance policies, retirement accounts, or bank accounts, upon your death. Upon your death, the assets with designated beneficiaries will be distributed directly to those individuals, bypassing probate. Note: To transfer a bank account to a Revocable Living Trust, you should inquire with your bank about their process. Each financial institution has its own rules and requirements for transferring a bank account to a trust.

You can either use a trust amendment or a trust restatement to change a Revocable Living Trust. With both documents, the original trust remains in effect. A trust amendment allows you to change specific provisions in your Revocable Living Trust while leaving all remaining provisions the same. Trust amendments are suitable when making minimal changes. A trust restatement remakes an entire Revocable Living Trust without having to revoke it and start over. The original trust remains active, but the provisions of the trust restatement overrule its provisions. Trust restatements are suitable when making significant changes.

Revocable Living Trusts are disregarded entities. This means that the IRS does not recognize them as separate from their owners. Even though a trust may have taxable income or property in its name, it does not need to file a separate tax return. Income is reported on the owner's personal tax return. Once the grantor passes on, the revocable trust will become irrevocable and then it will need its own EIN for tax purposes.

Generally, people place assets with high monetary value into Revocable Living Trusts. Some examples include: Real estate property Securities, such as stock, bonds, or mutual funds Investments Business interests, such as company shares and partnership interests Bank accounts, cash, and notes payable Valuable personal property, such as jewelry, artwork, and antiques

Yes, you can change a Revocable Living Trust at any time up until your passing. Revocable Living Trusts are designed to be updated periodically and give you control over your property. Additionally, you can revoke the trust in its entirety.

A Revocable Living Trusts is a valuable tool to use as part of your estate planning. If you pass away without a Trust or Last Will, your assets will be distributed according to your state's intestate succession laws. If you only have a Last Will & Testament, your estate will be distributed according to your wishes documented in your Will, but your estate will have to go through probate, which can take months or even years in some cases, and can be quite costly. A Revocable Living Trust avoids the public probate process, which means that your assets get distributed to your beneficiaries much quicker, usually in a matter of weeks rather than months or years. A Revocable Living Trust can also serve other purposes. With a Power of Attorney, a Revocable Living Trust can help with incapacity protection. Placing assets in a Revocable Living Trust can ensure that a trusted family member or friend, known as your successor trustee, can control your assets if you are incapacitated without needing a court's permission.

A Revocable Living Trust involves the following parties: Grantor The grantor is the person who creates and places assets in a Revocable Living Trust. Sometimes, the grantor of a trust may also be referred to as the donor, trustor, or settlor. When two people create a joint revocable trust, they are co-grantors. Most often, co-grantors are spouses who own and control the trust together. Trustee The trustee is the person who controls and manages the assets within the Revocable Living Trust. Most grantors name themselves as the trustee of their Revocable Living Trust so they can retain control of their assets during their lifetime. Two people can act as co-trustees. For example, if two spouses create a trust, they can name themselves as the trust's co-trustees. In this case, when one spouse dies, the other usually assumes full responsibility for the trust. As a grantor, if you appoint someone besides yourself as your trustee, they will have the ability to manage the trust's assets. Therefore, you need to take great care in ensuring their trustworthiness and competence. Successor trustee The successor trustee is the person who will manage the trust if the primary trustee passes away or becomes incapacitated. Suppose you name yourself as the trustee for your Revocable Living Trust and become incapacitated. In that case, your successor trustee can control the trust's assets without having to involve a court or take further action. Beneficiary The beneficiary is the person or entity entitled to benefit from the assets within the trust. You can name individuals, charities, or business entities as beneficiaries. You can list multiple beneficiaries within a Revocable Living Trust. For example, if you transfer your homeownership to a trust, you can list all your children as the beneficiaries.

In the event of unforeseen circumstances, it is critical to have a POA. if you were to become ill or were involved in a serious accident, having a Durable Power of Attorney in place will allow your attorney-in-fact to manage your affairs until you are better. ​ There are many other reasons why you should have a POA, including: You travel out of the country often You work in a hazardous environment You are diagnosed with a severe illness. You want a specific person to be responsible for your affairs You have a business or property that needs maintenance when you’re unavailable You are approaching old age and would like to designate a representative for yourself You have children who would need to be provided for if you were to become incapacitated You want a specific person to uphold your rules about how you run your business, property, or life

Not all Power of Attorney documents grant the same level of power. You can grant your representative the ability to act in any or all of the following areas: Finance: You can give your attorney-in-fact the power to make financial decisions, like making payments or closing your accounts, in your absence. Your attorney-in-fact can also hold other financial powers, including the ability to control your bank account, cash checks, or transfer funds. This kind of POA is commonly called a Financial Power of Attorney. Legal: A Power of Attorney can allow your attorney-in-fact to handle your legal matters. This ability means they can commence lawsuits, communicate with your lawyer, file documents with the court, and more. Real estate: Your attorney-in-fact can handle all of your real estate responsibilities. This ability includes selling, renting, or managing any personal, residential, and commercial properties owned or leased in your name. Business: Your attorney-in-fact can manage your business, including making employment, budgetary, and investment decisions on your behalf. They can also be your proxy in meetings and vote as a shareholder in your absence. ​ A Power of Attorney can also give your attorney-in-fact other powers, such as: Maintaining your family (e.g., paying for your children’s tuition or medical expenses) Hiring professionals (e.g., hiring a maintenance specialist) Handling government tax requirements and benefits (e.g., filing and paying your personal or corporate taxes) Selling, purchasing, or exchanging goods (e.g., selling your furniture or buying new furniture) Donating to charities Gifting money or items to family and friends Making insurance-related transactions (e.g., canceling your home or apartment insurance) Managing assets in a Living Trust, an estate planning tool that allows you to transfer assets without going through probate Changing retirement plans and accepting benefits (e.g., using your pension to pay bills like your mortgage)

To choose an attorney-in-fact, you should consider your options carefully. Aside from your personal preferences, there are also legal requirements for who you select. Your attorney-in-fact may not: Be under the age of majority in your state Currently be in a state of bankruptcy Be the owner or employee of a care home where the principal resides or receives treatment You can name more than one attorney-in-fact if you believe that different people will better handle certain decisions or transactions. You may also name a fiduciary, such as an accountant, lawyer, or other professional as your attorney-in-fact if you wish.

A Power of Attorney (POA) is a legal document that allows you to appoint another person to act on your behalf concerning finance, real estate, business, and more. The person that you appoint is called your agent or attorney-in-fact. You can give your appointed agent limited or broad management powers. ​ A traditional Power of Attorney will terminate upon your disability or death. A durable Power of Attorney will continue during incapacity to continue the financial management of your estate. A durable Power of Attorney terminates upon death.

There are two main kinds of Power of Attorney documents: an ordinary POA and a durable POA. Ordinary Power of Attorney An Ordinary Power of Attorney is valid as long as the principal is competent (meaning they’re capable of making their own decisions and not incapacitated). Durable Power of Attorney A Durable Power of Attorney is valid regardless of whether you, the principal, are competent. This means it will remain in effect even if you become incapacitated. A Durable Power of Attorney remains in effect until you revoke it or die. ​ All Power of Attorney documents are either Ordinary or Durable. However, there are also three different terms that describe how and when the Power of Attorney can be used: General Power of Attorney A General Power of Attorney gives an attorney-in-fact the authority to make any of your decisions regarding finances and property. Specific Power of Attorney A Specific Power of Attorney provides an attorney-in-fact with the control to make decisions for a particular purpose (e.g., buying or selling a piece of property). Springing Power of Attorney A Springing Power of Attorney means the principal chooses when their Power of Attorney (either Ordinary or Durable) comes into effect, usually on a specific date or when you become incapacitated. For a Power of Attorney to come into effect after you become incapacitated, it must be Durable. ​ Choosing a General or Specific Power of Attorney may depend on: Who you choose as your attorney-in-fact: For example, if you choose someone who isn’t good at managing finances, you may want to restrict their powers with a Specific Power of Attorney. Why you are signing a Power of Attorney: For instance, if you require one particular decision to be made and nothing else, you may want to restrict your attorney-in-fact with a Specific Power of Attorney so they can only act regarding that one matter.

Creating a Living Will gives you control when you can’t speak for yourself and saves your family from making tough choices on your behalf. Plus, when implementing a Medical Power of Attorney, you can discuss your wishes with someone you trust before you’re incapacitated. This way, you can trust they’ll make decisions in your best interest. Imagine your family being asked to make a medical decision on your behalf. Would they struggle to agree on the best course of action? Who might argue or anguish over making “the right choice”? You can avoid this situation by writing your health care wishes down in advance.

The Florida Legislature has a list, in order of priority of who will make your health care decisions if you are unable to and you don't have an Advance Directive. You can review the Florida Statue here. In order to prevent this list from kicking in, it is important to plan ahead just in case something happens, Your spouse and family do not automatically have this authority if you’ve designated someone else as your health care agent. In this case, health care workers will defer to this person first and foremost. Also, family members cannot override the directives you outlined in your Living Will. Nor can they override the decisions of your health care agent—who’s legally obligated to execute your Living Will.

A Living Will is a document in which you can specify the medical treatments you wish to receive if you become incapacitated and can’t communicate. As such, this document helps health care workers understand when to proceed with certain treatments when you’re: In a coma Terminally ill or injured In the late stages of dementia Near the end of life The terms of your directive are binding once you sign the document.

A Medical Power of Attorney is a document that appoints someone to make medical decisions on your behalf. This person becomes known as your health care agent or proxy. If you’re incapacitated, your health care agent generally has the authority to: Consent or refuse consent to treatments (per your Living Will) Receive/review your medical and hospital records Sign any medical releases or health care documents A Medical Power of Attorney is also known as a Durable Power of Attorney for Health Care.

Generally, a Living Will and a Health Care Directive both dictate your health care preferences in the event of a medical emergency or incapacitation. Some states use the terms Living Will and Health Care Directive interchangeably, while others use one term but not the other. It is sometimes called a Living Will because it only applies while you’re still alive. People also use the term Health Care Directive because it dictates which medical treatments and decisions you consent to. Other common names for this document include: Advance Directive Advance Medical Directive Advance Decision Form Personal Directive

A Pour-Over Will is a type of Will that is used in conjunction with a Revocable Living Trust. Upon your death, a Pour-Over Will transfers any missed property to your Living Trust so that the property is distributed as specified in your Living Trust. Without a pour-over will, assets that are not included in your trust are likely to be treated as if you died without a will. This is known as “dying intestate.” When this happens, your non-trust assets will be distributed according to your state’s intestate succession laws, which may be very different from your personal wishes.

This is sometimes referred to a legacy gift when designating a charity as a beneficiary in a Last Will and Testament. To add a non-profit organization as a beneficiary, you’ll need its (EIN) Employer Identification Number, also known as a Federal Tax Income Number (TIN). This is a unique nine-digit number that identifies the organization. Contact the charity for more information on how to leave them a legacy gift.

A Last Will and Testament is a legal document you can use to control the distribution of your estate and protect your loved ones after you pass away. The purpose of a Last Will is to leave clear instructions on how to pass on your property and finances to family members and friends. This accelerates the probate process, reduces confusion for the executor of your estate, and makes your final wishes known. You can use a Last Will and Testament to: Choose an executor Plan inheritances Leave specific gifts Address remaining debts Appoint a guardian for any minor children Appoint a caretaker for any pets

Yes, you can designate a caretaker for your dog, cat, or other pets within your Last Will and Testament or Pour-Over will.

If you die without a Will, your estate will be distributed according to your state's intestacy laws. This may not align with your wishes and could lead to disputes among your heirs. People often think that having a will avoids probate. It does not. People wishing to avoid probate often use such instruments as a Revocable Living Trust. A Last Will is especially important for parents with minor children, as it allows you to appoint a legal guardian. It's also important to update beneficiary designations on accounts and insurance policies.

Last Will vs a Living Will A Last Will deals with your estate after death, a Living Will (also known as a Health Care Directive) specifies your health care preferences when you’re alive, but incapacitated. When you’re incapacitated and cannot give consent, healthcare professionals refer to your Living Will for guidance on the treatments you may or may not want. Last Will vs Living Trust A Living Trust and a Last Will are both documents that control the distribution of your assets and property. However, a Living Trust does not need to go through probate, which can lower the cost and the time it takes to distribute your assets after death.

You can give away most, but not all, of your property in a Last Will. Typically, you cannot use a Will to give away: Life insurance 401(k) plan assets Pension plan assets Retirement plan assets Annuities Property held in a trust Matrimonial home held jointly Life insurance, 401 (k) plans, pension and retirement plans, and annuities allow the account holder to specify a beneficiary, which is why these assets do not go through a Will.

Review and make any necessary changes to your Last Will and Testament when: Your relationship status changes (if you get married, separated or widowed) You have children You gain/lose a significant amount of property or assets You wish to disinherit someone A Codicil is used to make a minor change to your Will. Minor changes can include additions, substitutions, or deletions of clauses (e.g., changing who you appoint as a legal guardian to your children). You should create a new Will and revoke any prior documents if you need to make extensive changes (like removing an ex-spouse or adding several new beneficiaries). This will help to avoid confusion if authorities need to administer your Will.

Essential estate planning documents include a Power of Attorney, an Advance Healthcare Directive, a Revocable Living Trust and a Pour-Over Will. Additionally, your trust will need to be funded, which is the process of transferring ownership of your assets from you to your trust. Important Note: This is perhaps one of the most important steps because if your trust is not properly funded, your estate will NOT avoid probate. Ensuring that your trust is properly funded is part of our service. It is also important to update your beneficiary designations on your bank accounts, investment accounts, and insurance policies. If you fail to do this, those assets will go to probate. Our team will work with you to ensure that you have a clear understanding of the process and will remind you of any steps that you may need to take to ensure all of your documents are in order.

Probate is a legal process that is overseen by the circuit court and aims to identify the debts of a deceased person while distributing their assets to either creditors or beneficiaries of their estate. Summary Administration, on the other hand, is a simplified version of probate that requires less time and effort than formal administration. Unlike formal administration, no personal representative (PR) is appointed by the court in summary administration.

You should review and update your estate plan every few years or whenever there are significant changes in your life, such as marriage, divorce, the birth of a child, the death of a beneficiary, or a substantial increase in assets.

It's never too early to start estate planning. As soon as you have assets, a family, or dependents, you should consider putting an estate plan in place to protect your loved ones and your assets.

A Beneficiary Designation is part of a bank account, investment account, insurance policy, etc., that specifies who will receive the proceeds of a specific asset, such as life insurance policies, retirement accounts, or bank accounts, upon your death. Upon your death, the assets with designated beneficiaries will be distributed directly to those individuals, bypassing probate.

After your death, your executor or trustee will gather your assets, pay your debts and taxes, and distribute your remaining assets according to your Will or Trust. If there are beneficiary designations, those assets will bypass the probate process and be distributed directly to the beneficiaries.

Estate planning is essential for protecting your assets, ensuring your family's financial security, minimizing taxes, and avoiding disputes among your heirs. It provides a clear roadmap for your loved ones, ensuring your wishes are respected.