This Is Your Life, Not Your Laundry
My rusty washing
machine needs replacing.
I’ll have to look into ener-
gy efficiency, warranties
and consumer ratings, but
with a bit of research, it
should be easy to figure out
the best make and model
to purchase.
Would your estate plan-
n in g b e that straight- Joseph S. Karp, itance, she is going to be
forward! When it comes to C.E.L.A.
finding an attorney to assist, the
public doesn’t have such an easy road.
For example, there are those tempt-
ing ads: Simple will, $79! Living
Trust, $150! For a washing machine,
that may be all the information you
need. But for your estate plan? Not a
chance. Estate planning is a complex
process. It’s the written record of some
of the most important decisions you’ll
ever make. Price can’t possibly give
you all the information you need to
make an informed decision.
Not all attorneys are equal in terms
of area of expertise and education; not
all consultations are equal in depth
or time; and certainly each family’s
financial and personal circumstances
are unique. You can be pretty certain
that what you get for $79 is going to
be different from what you get for
$179 or $1179. There’s a reason for
those price differences, beyond whose
# #
office has the fancier potted plant!
Listen to Joe Karp with
Anita Finley on Saturday,
September 12 from 7:30-8:00 AM
on WSBR 740AM and on the
# #
Internet at www.wsbrradio.com.
Let’s illustrate all this with a real-
life story. (My readers know I have a
slew of war stories, since a good
portion of my business is attempting
to repair the legal jams families get
into by using cut-rate legal services.)
A family recently came to me with
this situation: Grandmother Florence
had just died. Her will had evidently
been prepared by a “discount” lawyer.
As I read the will and listened to the
family, I gleaned that Florence had
been widowed for several decades.
She had three adult sons. Two of them
were in my office. The third who I
will call Barry, had died the prior year.
Barry had two adult children, Linda
and Joanne.
Florence’s will divided everything
among the three sons equally, with a
provision that if any of the sons died,
his share would go to his
children. Thus, Barry’s two
daughters were now going
to share his inheritance.
The problem is, Joanne is
seriously bipolar and was
diagnosed as such well
before her grandmother
drew up her will. When
Joanne receives her inher-
kicked off the Medicaid
benefits and Social Security Disabil-
ity (SSDI) benefits she relies on.
Florence’s attorney should have
anticipated this problem and created
a special needs trust for Joanne well
in advance. Why didn’t he? Was it
because he didn’t delve deeply enough
into this family’s situation? Did he
not ask the right questions or have
sufficient knowledge of Florida
estate planning law? Was he rushing
through the consultation? Neither the
family nor I know the answer, but we
do know this: Setting this mess right
is going to be a hassle, and the cost
of doing so will more than offset
whatever Florence saved initially.
In my experience, this family is
not unique. Every family has its own
brand of potentially sticky situations.
The competent estate planning/elder
law attorney must know what ques-
tions to ask and ferret out the infor-
mation, not hope his client is savvy
enough to volunteer it!
Given the aging of our population,
many attorneys—and worse yet,
non-attorneys—are eager to jump on
the estate planning/elder law band-
wagon. That means the public must
exercise caution. Your best bet is to
rely on an attorney who is certified
by the Florida Bar. He or she will have
the requisite experience and educa-
tion to ask the right questions and
come up with a plan that really meets
your and your family’s needs. Remem-
ber, your estate plan is not a washing
machine. You’re not dealing with your
laundry—you’re dealing with your
life!
Joseph S. Karp is a nationally certified
and Florida Bar-certified elder law attorney
(C.E.L.A.) specializing in the practice of Trusts,
Estates and Elder Law. His offices are locat-
ed at 2500 Quantum Lakes Drive, Boynton
Beach; 2875 PGA Blvd., Palm Beach Gar-
dens; and 1100 SW St. Lucie W. Blvd., Port
St. Lucie. Call him at 561-752-4550 (Boyn-
ton); 561-625-1100 (Palm Beach Gardens);
or 772-343-8411 (Port St. Lucie). Toll-free
from anywhere: 800-893-9911. E-mail: KLF@
Karplaw.com or website www.karplaw.com