Franco Aughey, P.A.

08/08/2022

A mess that could have been avoided by proper estate planning. If you have questions about yours, please reach out to us!

08/17/2020

If anyone is looking for a great realtor this lady is amazing at what she does (and not just because she is my wife!).

The Franco Team, takes great pride to become our clients’ real estate agents for life. We are professionals that look out for our client’s needs, and have a solid understanding of the Florida real estate market, with a concentration in Broward County including Parkland, Coral Springs, Sunrise, P...

04/26/2020

Found this interesting article on CNBC.com about the payment of the debts of a loved one after they pass away. It is my opinion that a probate attorney should be consulted in all circumstances before paying a decedent’s bills. Call us, we are here to help.

https://www.cnbc.com/2020/04/24/this-is-what-happens-to-unpaid-debts-when-a-person-passes-away.html?recirc=taboolainternal

Exactly how debt is treated depends on the type, whose name is on it and the state laws governing those obligations at death.

04/23/2020

Sad but sobering article I read this morning about the importance of advance directives.

"While we are social distancing in our homes, it’s time to have that conversation that most of us have avoided ― or didn’t even know we needed to have."

04/04/2020

One fantastic estate planning/probate avoidance tool that we have available to us in Florida is an enhanced life estate deed, sometimes referred to as a "ladybird deed". This deed allows a person to add a beneficiary to their home without losing any control over the home during their lifetime. This is much like adding a beneficiary to your bank account. It doesn't restrict your ability to use the money in that account during your lifetime; its merely just a note to the bank letting them know that just in case heaven forbid you pass away, give whatever is left in that account to the person you designate. Similarly, the ladybird deed does not restrict your power during your lifetime to sell or mortgage the property or cancel the deed altogether. Additionally, the ladybird deed does not effect your homestead exemption or your eligibility for medicaid. If you have any questions about ladybird deeds or estate planning in general, please do not hesitate to reach out to us.

03/30/2020

We just wanted to take a minute to thank all of you who liked our new firm page! Please check back as we will be posting original content at least once a week answering common estate planning or probate questions, discussing current legal related events, or even answering questions sent to us by our audience! If you have any questions at all, do not hesitate to message, email, or call us!

03/24/2020

Clients often come into our offices with the objective of avoiding probate but they usually have no idea what probate is or how it works. Probate is the process by which the court applies the instructions contained in your will to ensure that your assets are transferred from your estate to your heirs after you die. However, this process can be time consuming and expensive. I usually tell clients that the only people who are happy when your assets go to probate are my kids, because probate is way more expensive than estate planning!

With the assistance of an experienced estate planning attorney, you may be able to structure your assets so that they pass directly to your heirs through the use of beneficiary designations or other tools that will allow you to avoid probate altogether.

Should you have questions about probate or estate planning during this difficult time, we are working at home and have the ability to "meet" with you remotely to discuss them.

03/22/2020

I often tell people that going to get your estate planning (and considering your own mortality) is almost as fun as going to the dentist. However, this awful pandemic has left us home to think about the consequences of ourselves or our loved ones getting sick or worse. This invites a conversation about estate planning.

At a minimum every adult should have a last will and testament, power of attorney, and health care proxy. The last will and testament, drafted by an attorney, will direct the disposition of your assets and the guardianship of your children in the event you die. In the event you die without a last will and testament, the state intestate laws dictate the beneficiaries of your assets, and a judge will determine who gets custody of your minor children. A trustee may also be appointed under one’s will to manage the inheritance of a minor child.

Your power of attorney is like a magic cloning device. This document will allow you to recreate yourself in the body of another human being so that someone will be able to handle your financial affairs should you be unable to.

A health care surrogate is similar to a power of attorney but it is used so that someone could help make medical decisions on your behalf. The health care surrogate we draft also includes a living will, which makes your end of life wishes known. We also include a HIPAA release which allows your health care surrogate to gain access to your medical records if necessary.

Should you have questions about estate planning during this difficult time, we are working at home and have the ability to "meet" with you remotely to discuss them. Feel free to reach out to us for a no cost consultation. Stay safe out there!