The answer is -YES!   Most young adults do not think about their future with respect to estate planning.  Why should they since they believe they are invincible or even immortal.  Unfortunately, that is not a true assessment in terms of reality.  In the real world, you cannot predict what may happen in your life.  There could be a serious illness, disability or death.  Estate planning for young adults tends to make sense and should be done sooner than later.

It is sad but true that unforeseeable events, accidents and/or tragedies do happen to young adults and are becoming more common today.   When a young person is under 18, it is routinely their parents who make all their medical and financial decisions.  This situation changes once an individual reaches 18 years of age. A parent’s right to make these decisions is no longer available. In addition, many major events will take place during this time-period, such as going to college, studying abroad, interning, opening a bank account, traveling, getting a job, purchasing a house, getting married, getting a pet, starting a business and having their own children, etc.

There are certain privacy laws that are in place to protect the public.  These laws pose a major disadvantage to anyone who is unprepared and does not have an estate plan in place.  Specifically, if you were to become incapacitated and over 18, it would be difficult for your parents to make decisions regarding your medical care and financial matters, unless, you have the proper legal documents in place.  At times, hospitals, medical providers or other facilities will not speak with your family members if they do not have the legal documents authorizing them to act on your behalf or are permitted the release of this private information.  For instance, if a young adult becomes incapacitated and ends up needing medical care, their parents may not legally be allowed to make decisions or even find out information about their adult child’s condition.  The only person who could do that is a spouse or a designated agent holding a healthcare power of attorney. The person in this role is authorized to make important treatment decisions for you and access necessary information and records when you, the young adult, cannot do it for yourself

To prevent your family from going through difficult times during your already stressful period, you should consult with an Estate Planning attorney shortly after becoming a legal adult and prior to the foregoing circumstances occurring.  A few of the necessary forms or documents to consider, include, but are not limited to:  Durable Power of Attorney for financial matters and property management, Healthcare Surrogate(a durable medical power of attorney), Living Will(an Advance directive), HIPAA medical authorization and Last Will & Testament.  Without these documents, parents or family members or important significant others who may not be official or legal family members will probably have to go to court and ask for permission to obtain information about the young adult’s medical condition, be able to make decisions about treatment and have access to their financial records and accounts to make important decisions concerning those matters as well.

The appropriate legal documents, prepared by an Estate Planning attorney, allow you, the young adult, to name another person to make medical and financial decisions for you if you are unable to make them for yourself. The individual(s) you select should be someone you know and trust, and a frank discussion should take place, so they know and understand your wishes. These documents are not expensive and private and avoid expensive public court intervention. Accordingly, all young people over the age of 18 should have them.  Parents should discuss these matters with their children as well, both for themselves and for their children nearing adulthood and consider speaking with an Estate Planning attorney.

The answer is YES!  In Florida as well as 44 other states, obstructing traffic in the left lane is against the law. Most states follow the Uniform Vehicle Code and require drivers to keep right if they are going slower than the usual, customary, normal or established speed of traffic, regardless of the speed limit.  Florida legislators amended the law, i.e., Florida Statute Section 316.081, in 2014 to make the left lane for passing, not cruising, unless there was congestion or an obstruction in the right lanes. Breaking said statute by “proceeding at less than the normal speed of traffic” in the left lane or staying there when “the driver knows or reasonably should know that he or she is being overtaken in that lane from the rear by a motor vehicle traveling at a higher rate of speed” is a moving violation punishable by a fine and points on your license.

Further, pursuant to Section 316.081(3)-the left lane is for passing and not for driving slowly.

In addition, you may be violating Section 316.183(5), if you are driving too slowly in the left lane and not moving over for a car trying to pass.  Driving too slowly can increase the risks of causing car crashes, blocking vehicles from safely passing and creating a general safety risk on the roadway.  The purpose of this law is safety because it should aid in reducing traffic congestion and dangers caused by angry drivers stuck behind a slow driver who does not move over, thus preventing such issues as road rage, tailgating, rear-end collisions, and weaving in and out of lanes.

As expected, in Florida, you can get a traffic ticket for driving too fast as well as too slowly. On Florida highways like the Turnpike and I-95, the maximum speed is 70-mph unless otherwise posted.  If you are on a highway such as the Turnpike, you can be given a traffic ticket for driving too slowly.  If you drive slower than 50-mph on a Florida interstate (posted at 70-mph), you may be issued a traffic citation. Traveling on an interstate below 50-mph will slow down traffic and make it unsafe for other cars around you traveling at higher rates of speed. If traveling in a 65-mph zone, the minimum speed limit should be 40-mph.

HOWEVER, there are circumstances under which a driver can avoid being ticketed for going too slowly depending on the roadway and other specific conditions.

Some of these circumstances can legally justify a motorist driving slowly or impeding traffic. A few of the more common situations, which can provide a driver with a valid defense to a ticket for impeding traffic or driving slower than the minimum posted speed are poor weather conditions, road hazards and/or dense traffic/traffic jam. The foregoing is based on safety considerations.  Legally speaking, a person should not drive a motor vehicle on a highway at a speed greater than is reasonably necessary and prudent under the circumstances, conditions and actual and potential hazards then existing. Consequently, a person should control the speed of their vehicle as is necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements, and therefore, it is the duty of all persons to exercise reasonable care for the protection of others.

In Florida, you can be issued a ticket for not driving fast enough since it can cause accidents. Drivers and vehicles should travel within the posted speed limit and the flow of traffic around them to avoid blocking other vehicles traveling at normal, safe speeds.

No contest or in terrorem clauses have been used in Wills for decades. These clauses usually state that if a beneficiary contests the validity of the said Will and loses, that beneficiary receives nothing. Alternatively, if the beneficiary wins, the subject Will is invalid and, therefore, the clause as well. These clauses were routinely upheld since, under the common law (non-statutory law created by custom and courts), there was no legal right to inherit. A bequest was a gift made by the deceased person, who had complete discretion as to how and when to leave that gift.  Accordingly, any action taken by a beneficiary that was detrimental to the probate of a Will violated the no contest clause and the losing beneficiary’s bequest was forfeited.

However, changes occurred over time, and U.S. courts, including those in Florida, began to construe those clauses very strictly.  Kolb v. Levy(in 1959), one beneficiary filed a contractual claim against her mother’s estate a claim, which was so substantial that if she succeeded in a lawsuit, it would have consumed most of her mother’s estate.  The Florida appellate court ruled that said action did not violate the no contest clause, because it did not directly challenge the validity of the Will.

Florida law evolved further in the 1990s, when concepts regarding an individual’s right to have access to the courts to redress grievances changed. The Florida state legislature declared that no contest clauses violated public policy and passed two statutes prohibiting the enforcement of no contest clauses in both Wills and Trusts.  Florida is one of the few states that does not recognize no contest clauses in will contests and trust challenges.  Ultimately, in 2013, Dinkins v. Dinkins, the Fifth District Court of Appeals cited well-established law in its decision taking notice that no contest clauses are invalid.   In fact, only Florida and Indiana make these no contest clauses completely unenforceable in will and trust proceedings.

For will contests, Section 732.517 of the Florida Statutes provides as follows:

“Penalty clause for contest.—A provision in a will purporting to penalize any interested person for contesting the will or instituting other proceedings relating to the estate is unenforceable.”

For trust challenges, Section 736.1108 of the Florida Statutes provides as follows:

“Penalty clause for contest.—(1) A provision in a trust instrument purporting to penalize any interested person for contesting the trust instrument or instituting other proceedings relating to a trust estate or trust assets is unenforceable.   (2) This section applies to trusts created on or after October 1, 1993.”

The Uniform Probate Code, which was adopted in approximately 22 states, provides that no contest clauses are enforceable, unless the contest is based on probable cause.

Approximately 14 states enforce no contest clauses without regard to probable cause or good faith, including New York, Ohio, Rhode Island and Virginia.  Arkansas and Illinois enforce no contest clauses unless the contest is based on good faith. Connecticut, Iowa, Nevada, North Carolina, Oklahoma, Tennessee, and West Virginia enforce these clauses unless the contest is based on both good faith and probable cause. Texas enforces these clauses unless the contest is based on both just cause and good faith.  One must check the particular state outside of Florida for its position on this provision.

Florida has some of the most developed case law and legislation regarding will and trust contests in the U.S., probably due to the sizeable older population residing in the state.

Florida is currently the only state that absolutely prohibits the enforcement of no contest clauses in Wills and Trusts. A few other states still enforce them most of the time, but the majority of states consider the above-mentioned factors.  If a will or trust was drafted in another state and includes a no contest clause, said provision will not be enforced in a Florida probate court, even though the remainder of the said Last Will & Testament may enforceable.

HOWEVER, it does appear that, even though it is known that they are unenforceable, a number of Florida attorneys still put no contest clauses in Wills and Trusts.  This may be done in an attempt  to prevent or discourage frivolous litigation. Further, many clients want these clauses in their documents, even though they understand that a Florida court won’t enforce such provisions, since it is their great desire to show to their beneficiaries and potentially a probate judge, their sincere intent regarding the disposition or distribution of their assets. Such a ruse may occasionally work but does not really deter a truly litigious person.

Some Floridians use a Trust as their primary estate planning tool, which avoids the risk of a Will contest since a Pour Over Will essentially does very little except transfer title of a few, usually forgotten, assets from the name of the decedent to that of an existing trust. In the alternative, trust litigation may occur.  The contest may relate to the validity of the trust, but, quite often, trust litigation or challenge involves disputes between the trustee and a beneficiary concerning interpretation of the terms and/or distributions of the assets of the trust.

Depending on specific circumstances, there may be alternatives to using unenforceable no contest clauses in order to prevent or minimize potential litigation risks when a trust is involved. Creating and funding separate trusts for potentially problematic beneficiaries, adding Trust Protector provisions or adding a mediation provision may prevent a disgruntled beneficiary from depleting trust assets in a protracted expensive litigation.

Consequently, Florida statutory and decisional or case law clearly prohibit the enforcement of no contest clauses in either wills or trusts.  Regardless, properly prepared estate planning documents can ensure your loved ones and assets are protected.

PROBATE is, in brief, a legal process or procedure that takes place in state court after a person’s death. In general, the purpose in most cases includes validating and authenticating the Last Will & Testament (written Will), if any, making sure debts are paid and distributing the remaining assets to the deceased person’s heirs (following state law) or beneficiaries (following the instructions in a written Will).  If a person dies without a will, the probate court will rely on the state’s intestate law to ascertain how to distribute the deceased’s assets. In essence, it is the legal transfer of title or ownership of assets of a decedent to surviving heirs (next of kin) or beneficiaries named in the Will.

The primary participants or parties in a probate include the following:

• The executor or personal representative. This person or entity administers the estate. They are involved or in charge of the distribution of assets according to the Will’s instructions (or passing assets to heirs if there is no Will) while paying any valid creditors. Executors or Personal Representatives may receive “letters testamentary or in Florida-Letters of Administration,” which are documents giving them the authority to deal with financial institutions and other agencies on behalf of the estate. You should alert the person you will designate in such capacity, so they are aware, and you ensure they are willing to act accordingly.
• The beneficiaries or heirs. These are the persons or entities who will inherit the assets. Relatives who are not named in the Will (if there is one) but have some potential claim to the assets may make an appearance as well. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent. On the other hand, beneficiaries are those designated by a Will or other written documents, as the intended recipients of a decedent’s assets.
• The creditors. They may be notified of the probate proceedings and are able to collect debts owed to them by the decedent’s estate.
• The judge. This individual or official presides over the probate court and supervises the administration of the decedent’s estate.

Additional parties who may be involved during probate proceedings include an attorney for the executor or personal representative and representatives or guardians of any young children who stand to inherit assets, among others.

Under Florida law, there are three principal types of probate, i.e., Formal Administration, Summary Administration and Disposition Without Administration.

Formal Administration – Formal administration is also simply referred to as “formal probate.” As the name suggests, this type of proceeding is the standard form of probate and, by far, the most common. Formal probate administration takes place in the local Circuit Court of the County in which the decedent resided at the time of their death. The process starts once an individual dies and the personal representative of the Will (or other interested party) asks to be appointed as personal representative of the decedent’s estate. The beneficiaries named in the estate are then provided notice and given a chance to raise any formal objections.

Summary Administration – This form of probate is available when the total value of property or assets going through probate court is valued at $75,000 or less. Summary Administration may also be used when it involves a death that occurred over two years prior to the filing of the probate in court. The process of this type of administration is initiated by filing a Petition for Summary Administration that must be signed by a surviving spouse and/or beneficiaries. In short, this is a somewhat expedited and abbreviated version of probate.

Disposition Without Administration – As the words “without administration” may indicate, this process actually involves eliminating the probate hearing entirely due to a specific set of circumstances. It is important to note, this is only available when the deceased individual did not leave any real property, and the request is for release of assets of the deceased to the person who paid funeral and/or final medical expenses. If the transfer is being requested to a person who has not paid such final expenses, consents allowing such a transfer must be completed to enable the subject transfer. Further, the only assets available for probate are valued at less than the amount of final expenses. In sum, disposition without administration occurs when a probate hearing is not feasible from a monetary perspective.  Because there is no formal court hearing for administration in order to recover assets, a form or pleading called the “Disposition of Personal Property Without Administration” is filed with the court.

 

Formal and Summary Administrations account for the greater number of probate cases filed in Florida.  In these cases, legal representation or retaining the services of a Florida attorney is required by law.

Another form of probate is called Ancillary Administration, which is used to handle estates, primarily for local real estate assets, for non-resident decedents.

Prior to facing court supervised probate, a properly executed estate plan is in everyone’s best interest.  Consequently, in preparing a legally enforceable Last Will and Testament, Florida residents can avoid undesirable outcomes and ensure that their last wishes are properly implemented.

A person who wants to permit another to perform certain legal acts on his or her behalf needs
a power of attorney. A power of attorney form can allow another person to handle financial
matters, make healthcare decisions, and/or take care of your children. A power of attorney is a
legal document that allows an individual to appoint or designate another person or entity to act on their
behalf to handle their affairs. The person who forms the power of attorney is known as the principal
and the person granted the authority over the affairs is the agent or attorney-in-fact. A power of attorney
is in effect only as long as the principal is alive, and it can only be created by a principal who is
mentally competent. A Durable power of attorney is created as a general power of attorney and sets
no date for which it will expire, and it will last until you die and will continue even after you
become incapacitated or mentally incompetent.

The agent or attorney-in-fact only steps in if you are no longer mentally capable of running your own
personal, legal, and financial affairs. The primary purposes of a power of attorney include, but are not
limited to, making medical decisions, handling financial and legal matters on behalf of the principal
and to make decisions on behalf of a person who has lost their mental capacity or competency.
Medical decisions for the principal can also be handled when the principal has become unable to make
those decisions for themselves due to incapacity or incompetency. Such an instrument or document can
be called an advanced directive, which can include a Designation of Healthcare Surrogate(a medical
power of attorney), a Living Will, a Physician Order for Life-Sustaining Treatment, a Do Not
Resuscitate order(DNR) as well as an Organ and Tissue donation card. It grants authority to the
attorney-in-fact or agent to make medical decisions for the principal. It does not grant any other
authority or powers to the agent other than handling the healthcare needs of the principal. The other
forms set out instructions prior to illness, which determine an individual’s healthcare
wishes. They guide the treatment choices for doctors and caregivers if you are terminally ill,
seriously injured, in a coma or near the end of life.

An attorney-in-fact or agent not only can be designated or nominated to handle the affairs of someone
who has become incompetent or even if they are disabled or elderly and require assistance to get things
done but can also be appointed to act on the behalf of someone to handle a specific transaction, which
may be a limited power of attorney.

As a person ages, mental abilities may gradually decline and eventually be lost as well as physical
abilities. You won’t necessarily need a power of attorney if you are physically disabled and confined to
a wheelchair or even bed-ridden so long as you are mentally competent. A power of attorney should be
prepared before your mind gives way to senility or dementia. A valid power of attorney executed prior
to incompetency ensures that your personal affairs are properly managed when you are no longer able
to do them on your own.

As COVID cases continue to surge across the United States, electric scooters are becoming a
popular alternative form of transportation because they give riders an open-air option for their
commute. In Florida, local governments are enabling commuters to rent electric scooters, rolling
back bans they had enacted on the vehicles.

In 2019, cities across the state banned electric scooter use or considered such because of reckless
driving and littering by the drivers. For example, in the summer of 2019, the City of Clearwater
enacted a ban to enable officials to draft regulations and plan for local use. Although
metropolitan areas like Tampa and Miami had allowed scooter use throughout 2019, several
cities across the state banned scooters where they had been legal to prevent the spread of COVID
in 2020. Recently, cities have begun lifting bans to promote safe commuting.

The City of Coral Gables was the first municipality in Miami Dade to bring back scooters in
September of this year after the scooters had been prohibited by a Miami-Dade County
Emergency Order to avoid spreading the virus. Several other cities have followed suit.

Before you decide to zoom to your next destination using a Bird or a Lime, however, make sure
you’re aware of the law concerning electric scooters.

Under Florida law, motorized scooters (or electric scooters) are considered motor vehicles.
Therefore, the standard rules of the road apply. As such, scooters are not allowed on sidewalks or
bike paths unless you are pushing the scooter without using its motor. Additionally, riders must
be licensed drivers.

While a state law regarding scooters has yet to be enacted, many city governments in Florida are
taking their own measures to restrict or promote the use of the vehicles.

Accordingly, cities across the state differ in whether they allow electric scooter companies to
rent scooters in their jurisdictions. Regulations concerning how scooter renters may use scooters
within cities also vary based on local ordinance. The lack of uniformity can frequently lead to
confusion about what is and is not legal in Florida.

While electric scooters promote social distancing and enable a safer commute, be sure to review
your local ordinances before hitting the road.

The Miami immigration courthouse will reopen Monday more than six months after shutting its doors and as COVID cases continue to rise in the state.

In an announcement Thursday, the Executive Office for Immigration Review, a sub-agency of the United States Department of Justice whose chief function is to conduct deportation proceedings in immigration courts, said the government will resume in-person hearings. Face masks will be required in all waiting rooms, corridors and courtrooms, the statement said. Children under 2 and people with certain medical conditions that prevent them from wearing a mask are exempt.

The sudden reopening of the Miami immigration courthouse — located at 333 S. Miami Ave. — comes as COVID-19 cases rose to the most Florida has tallied in a single day since Sept. 19, according to the Florida Department of Health. The single-day case count on Thursday — 3,356— is the most Florida has reported since mid-September, bringing the state’s known case total to 744,988 and resident death toll to 15,736.

Announcements of court closings were made via midnight tweets without any explanation — even to court staff — on how the government was selecting which courts to keep open. The court was ultimately partially closed; it remained open for administrative filings and very limited hearings for people held in Immigration and Customs Enforcement detention centers.

The partial shutdown of the national immigration court system in the wake of COVID-19 has impacted hundreds of thousands of immigrants awaiting their day in court. As the country’s case backlog surpassed 1.2 million due to canceled or postponed hearings, immigrants will face delays of months or years, according to federal data released in late August.

Monthly case completions before the March shutdown in January and February 2020 were running at roughly 40,000. However, during the period from April 2020 to July 2020 they fell precipitously to less than 6,000 a month — a historic low, according to researchers who analyze immigration data at Syracuse University. In July 2020, only 5,960 cases were completed, federal data shows.

Despite the backlogs and closures, Miami led the list with 216 case completions in July 2020. Only one other court location — Baltimore, Maryland, completed at least 200 cases.

While the shutdown nationwide caused immigration judges’ productivity to plummet, data shows that as of May, ICE filed more than 100,000 new immigration cases nationwide during just the first two and a half months of the shutdown, contributing heavily to the backlog.