Written by Robert T. Nickerson

So you’re thinking about taking the big step to have an estate plan created? Or do you already have one and want to update it? Or are you simply looking at what an estate plan even is? Don’t worry if you’re feeling overwhelmed and even a little intimidated. Anything that revolves around death or the concern for the well-being of your family is rarely ever easy. No one likes to talk about it, but at some point, something has to be done. The last thing you want for your family is to leave them with more headaches and bureaucratic red tape in probate court. But estate planning is also something that many people either assume they can do themselves or will click on the first ad on Google search.
 
So how do I know I’m not getting ripped off?
 
Here are five estate planning scams that should raise red flags and you should avoid.

Cold Calls Offering to Prepare Estate Plans
As a part of a law office, WE NEVER OFFER TO PREPARE ESTATE PLANS WITHOUT A IN-PERSON OR ZOOM MEETING. If you receive a phone call with the information they can create you an estate plan on the fly, you should hang up immediately. It’s important to know that estate plans are not “one size fits all”. Each document layout is created for a specific family, depending on a number of factors. 

Paying for Estate Planning Templates
I see this one a lot. Someone might call to several law offices and find that the price for an estate plan is more then they realized. So they’ll do a google search and come across something that offers them the “right documents” to create an estate plan with a fee. Do not take these deals. These documents are not legally binding and are made with the purpose to get as much money as possible

Not Needing an Estate Plan
While this isn’t technically a scam, this is something I also see a lot. Perhaps it’s an older couple without much family or even many assets to distribute when their gone. So they simply decide not to even have an estate plan created, thinking that the rest of the family will abide by the honor system. I’m here to tell you now that estate plans aren’t just for when you pass away. They contain important documents like a healthcare directive (which sets up who makes legal decisions for you when your incapacitated). Even if this doesn’t become an issue, death has a tendency to bring our the worst in people. Without a will or an estate plan, that only invites an opportunity for multiple people to make a claim for your property. This is going to end up in probate court and possibly make relationships worse. See what a bad path this could end up without an estate plan?

Paying Way Too Much for an Estate Plan
I try to keep a reasonable service fee to have your estate plan created without taking you to the bank. I’d even encourage you to shop around if your feeling weary to commit, but be on the lookout for an attorney that wants a crazy expensive fee for their services.

Signing a Document You Don’t Understand
This is a big red flag that you should avoid. Yes, a lot of documents have a lot of technical language that’s hard to comprehend, but I always take time to go through each piece of paper to simplify what it all means. Like buying a car or a house, you never want to sign anything without having fully read through it. There could be a hidden clause that'll  trigger something in your estate plan that you didn’t want. There could be somebody else’s name as a beneficiary that you didn’t add on. NEVER SIGN A DOCUMENT YOU DON’T UNDERSTAND.

Click on the tab below to contact us for more information on how we can help you properly with an estate plan.

Written by Jill Roamer J.D.

Florida has taken a major stand against abuse and fraud perpetrated on senior and disabled citizens. A week ago, the Protection of Elderly Persons and Disabled Adults Bill was passed; it is headed to the governor for signature. The new law’s effective date would be July 1, 2021. The bill has a myriad of protections for seniors and disabled individuals. Key provisions include:

• A person who abuses, neglects, or exploits a senior or disabled individual cannot benefit from the victim’s estate.
• A person who has been convicted of certain crimes cannot serve as a senior or disabled person’s personal representative.
• The Office of Statewide Prosecution can prosecute crimes related to the exploitation of seniors and disabled folks.
• A senior or disabled individual cannot be unreasonably isolated from his or her family.
• A person cannot seek out a guardianship or fiduciary agency relationship for the purpose of their own benefit.
• A person cannot carry out intentional acts that would modify a victim’s estate plan.
• An Agent under a power of attorney can petition a court for an injunction against someone trying to exploit the senior or disabled Principal.

​With the Department of Justice reporting that 10% of seniors are exploited and with Florida home to roughly 4.3 million seniors, it is a big step in the right direction to protect their state’s population. Florida Attorney General Ashley Moody has stated "If you move here, if you retire here, if you come to Florida because you want to live out your golden years, we will make sure you can do that free from fraud and abuse."

Hopefully this new legislation will be motivation for other states to move to further protect seniors and those with disabilities, especially in light of the increase in these abusive and fraudulent activities that the pandemic has afforded scammers.

May is National Elder Law Month. This month is a great time to inform your local community about elder abuse and ways to protect our seniors. Here are other ideas for ways to raise awareness. 

Another way to help is to have an estate plan setup sooner then later. People unfortunately put off  this action until it's either too late or when their in a mental position or "not in the right frame of mind". Theres a rumor that the process is time consuming and stressful, and with us, it's not true. We at the Law Offices of Jeffery C. Nickerson  work with you one on one to help determine the best course of action for a loved one and their assets. Click on the button below in order to contact us for more information with absolutely not obligation

Written by Jill Roamer, J.D. 

There has been a lot of heated debate on the topic of traveling with emotional support animals (ESA), psychiatric service animals (PSA), and traditional service animals. To resolve some of the conflict, the Department of Transportation (DOT) issued a Final Statementelaborating on the department’s expectations and priorities regarding the treatment of passengers traveling with animals.

It is well established that individuals with disabilities are permitted to bring their service animals to most places they choose to go. Businesses are prohibited from refusing entry or service to an individual with a service animal, unless particular concerns are present. The Americans with Disabilities Act (ADA) is probably the law that comes to mind in these situations. It is certainly one law that protects those with disabilities from ill-treatment. But, did you know that the ADA does not apply to the skies? The ADA does not apply to airlines, their facilities, or services – that is where the Air Carrier Access Act (ACAA) swoops in.

Some Basic Comparisons
While the two Acts are quite similar, there are notable differences worth investigation. The DOT oversees the ACAA, which applies to airlines, their facilities, and services. The Department of Justice (DOJ) oversees the ADA, which applies to airports, their facilities, and services.

The DOT regards “any individual who has a physical or mental impairment that, on a permanent or temporary basis, substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment” as an individual with a disability. Correspondingly, according to the DOJ, “[t]he term "disability" means, with respect to an individual[,] (A) a physical or mental impairment that substantially limits one or more major life activities of such individual; (B) a record of such an impairment; or (C) being regarded as having such an impairment […].”

Wild Skies
In recent years, airplane cabins have started to look like menageries – passengers taking full advantage, and sometimes abusing, the ability to take certain animals along for the ride. With the uprising of sketchy online businesses “certifying” run-of-the-mill pets as service animals, or worse, providing doctor’s letters prescribing support animals, airlines began cracking down on the abuse. Airline restrictions became tighter and created questions of disability rights violations. Passengers flooded the DOT with complaints of unfairness and illegality.

In response to the rise of animal-toting airline-passenger complaints about unreasonable airline regulations, the DOT issued a Final Statement elaborating on its expectations and priorities under the ACAA. The statement provides clarification on the permissible and prohibited actions that airlines may take in regulating the in-cabin presence of various types of animals. 

Animal Hierarchy
There are four general categories of animals when it comes to disability laws: pets, Emotional Support Animals (ESAs), Psychiatric Support Animals (PSAs), and service animals. In the aerial context, pets are often stored in the cargo hold of the aircraft and require an additional fee to the owner. ESAs and PSAs, are generally permitted in the cabin if certain criteria are met. Service animals are heavily protected and taken very seriously under both laws. Under the ADA, only service animals and some PSAs are protected.

Each Act provides guidance on various service animals, their legitimacy, and limitations. The ACAA establishes what animals are permitted in the cabins of aircrafts, and the ADA established what animals are permitted nearly anywhere else. Both Acts consider dogs and miniature horses to be “common” service animals, where the ACAA expanded the group to include cats as well. The ADA does not recognize any other species of service animal.

“Under the ADA, a service animal is defined as a dog [or miniature horse] that has been individually trained to do work or perform tasks for an individual with a disability.  The task(s) performed by the dog [or miniature horse] must be directly related to the person's disability.” The ACAA does not have a technical definition within the text of the Act, but the departmentinformally explained, in 2018, that the “DOT considers a service animal to be any animal that is individually trained to assist [sic] a qualified person with a disability or any animal necessary for the emotional well-being of a passenger.” (Note, however, that back-end of this statement contradicts some other provisions of the ACAA on the differentiation between service animals and emotional support animals.)

Both Acts give the highest protection to service animals. The text of the ACAA specifically categorizes service animals separately from ESAs and PSAs, which are lumped together. The ADA considers specifically trained PSAs to be genuine service dogs. The ADA explicitly does not recognize ESAs under the Act, where the ACAA provides them protection. Both Acts recognize the potential need for an individual to require the assistance of more than one service animal; but, the ACAA also permits a disabled passenger one ESA in addition to (up to) two non-ESAs.

Additional ACAA Clarifications
With the exception of snakes, other reptiles, ferrets, rodents, and spiders, airlines cannot categorically prohibit the use of species that are not dogs, cats, or miniature horses. An airline could determine that the particular animal compromises the health or safety of others, and therefore prohibit its entry onto the aircraft, but on a case-by-case basis only. Further, airlines are prohibited from breed bans as well.

Airlines are permitted to require travelers with ESAs and PSAs to: check-in early; provide advanced notice; provide a recent doctor’s note from their treating physician verifying that the individual suffers from a recognized emotional or mental disability, that the presence of the animal is necessary, and lists the provider’s credentials. Airlines are absolutely prohibited from requiring traditional service animal users to check in early, provide advance notice, or provide additional documentation, on flights less than eight hours.

Limited questions are permitted by both Acts when a disability is not obvious or clear. The ACAA permits airline personnel to ask “how does your animal assist you with your disability?” For service animals, this verbal assurance by the handler, in addition to any ID cards, harnesses, etc. must be accepted as evidence that the animal is a service animal. For ESAs and PSAs, the airlines may ask for documentation of vaccination, training, behavior, etc., for the purpose of determining the potential threat to the health or safety of others – but, generally, if the individual has complied with the advanced notice and check-in rules, has their doctor’s note, and does not have an unruly or unusual animal companion, the airline must permit its attendance.

The Long and the Short of It
The ADA protects the disabled on the ground; the ACAA protects the disabled in the skies. The DOJ controls the ADA; the DOT controls the ACAA. The ACAA has carved out additional service animal protections for Emotional Support Animals and Psychiatric Service Animals; the ADA only recognizes traditional service dogs (and miniature horses), including PSAs that have been specifically trained to complete a task for its disabled handler.

Traditional service animals are a familiar and, generally, accepted tool for many disabled people. However, the influx of psychiatric and emotional support critters exposed grey areas that the public was happy to explore. Prior to official guidance from the DOT, airlines and passengers were left without mutually understood limits for the presence and use of these creatures. As passengers pushed the bounds, airlines feverishly fought back with restrictions and refusals. The DOT has now offered airlines and passengers a better understanding of the department’s priorities, permissions, and definitive prohibitions. Both sides now have the explanation needed to better protect their specific interests and rights under the ACAA.