Lyons, Beaudry & Harrison, P.A.2026-06-29T18:32:43Zhttps://www.lyonsbeaudryharrison.com/feed/atom/WordPress/wp-content/uploads/sites/1403952/2023/05/cropped-favicon-lyons512-32x32.pngOn Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Why women need to think about long-term care]]>https://www.lyonsbeaudryharrison.com/?p=473142026-06-29T18:32:43Z2026-06-29T18:32:43ZMany women spend years of their lives taking care of family members. They look after their loved ones whether it is a common cold or a terminal illness. But what happens when the caregiver needs care herself?
While many women spend time preparing for retirement and supporting family members, they can often forget about their own future long-term care needs and how these might affect their finances, independence and estate planning goals. Addressing these issues early can give more options and peace of mind.
Women face unique long-term care challenges
Many circumstances can increase the chances that women might need long-term care at some point in their lives. Women generally live longer than men, which increases the chances of them needing assistance with daily activities like home healthcare or assisted living in the future.Some women often spend years caring for their aging parents, spouse and children. The time spent doing so can affect career opportunities, retirement savings and financial security. This can result in limited resources for their own future needs.
Long-term care can affect more than just health
Long-term care planning is not just about preparing for medical issues. The requirement for any long-term care can affect many things such as living arrangements, financial resources and the ability to make important decisions.Without having a proper plan in place, family members may find it difficult to make decisions about medical treatment, financial management and care management. This situation can create a lot of stress and disputes in the family.
Planning may give more control
Taking some steps to prepare for future care needs can help women have more control over making important decisions in their old age. Important documents such as a power of attorney, health care directives and an elder law planning tool can help to make sure that a trusted person will be able to make decisions on their behalf. ]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Pick a solid trustee for a spendthrift trust]]>https://www.lyonsbeaudryharrison.com/?p=473112026-06-19T19:22:06Z2026-06-19T19:22:06ZWhen doing your estate planning, it is imperative that you select the right trustee for your loved one’s spendthrift trust. Exactly who that individual might be depends on your particular circumstances.
However, there are a few common guidelines that can help you make the best choice possible for a trustee.
They are responsible and trustworthy
Any time you entrust a sum of money to someone, you want that person to make the right decisions. By choosing an individual with a sterling reputation whose ethics can’t be impugned, you are doing your due diligence to ensure the solvency of the fund after you have passed.
They have investment experience
Simply behaving above reproach in their financial dealings doesn’t mean that the trustee is well-equipped to manage the investment streams from the trust’s principal. Choosing a trustee without this level of experience could cause the funds to be depleted far too soon.
Why relatives are not ideal
You might figure that you trust an adult child or grandchild to manage the trust fund of another loved one who might lack the skillset to manage the principal of their own trust fund. Sadly, this can backfire on those funding the trusts.Whenever money enters a relationship between two people, it changes the dynamic of the relationship. For instance, the recipient could attempt to pressure the trustee into agreeing to increase the frequency or amount of the disbursements.Rather than risking disharmony among your family members, by choosing an unrelated financial professional to manage the trust fund you can preserve relationships among loved ones.
]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[How do you discuss your estate plan without the awkwardness?]]>https://www.lyonsbeaudryharrison.com/?p=473092026-06-08T16:29:05Z2026-06-08T16:29:05ZSet the stage for a smoother conversation
You may want to choose a quiet time when no one feels rushed, such as a normal weekend afternoon rather than a holiday gathering. If your family dynamics run hot, it might be beneficial to speak one-on-one first, then share the same message more broadly.
Your opening could also matter. It might be wise to lead with your purpose, such as “I want to reduce stress if something unexpected happens,” instead of starting with numbers or assets. That framing could signal care instead of control.
Privacy concerns might also influence what you choose to share. You could talk about the big picture and still keep details limited, especially if precise figures tend to trigger conflict.
Cover the basics to set expectations
A simple structure usually keeps the talk from turning into a debate. You may want to explain your priorities first, then outline the practical points. For example, you might say you value keeping peace in the family or helping a surviving spouse during a crisis.
Consider covering three categories:
Describing what matters most to you and why it is important
Explaining who you might trust to handle certain responsibilities
Specifying where you keep important documents so others may know where to look and ensuring you have legally authorized their access through your estate plan, such as granting digital access
Questions may follow, and emotions may run high. You might need to set gentle boundaries, especially if someone pushes for details you prefer to keep private. You might also consider taking a break and returning to the topic later if the conversation starts to feel tense.
Clear communication could help support your plan
You might find that having this conversation might feel helpful even if you keep it high-level. Sharing a clear outline for your estate plan may help reduce second-guessing during stressful moments. It could set a calmer tone for family conversations by turning a sensitive topic into something practical.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[What is a wealth management plan?]]>https://www.lyonsbeaudryharrison.com/?p=473062026-06-08T02:10:29Z2026-06-08T02:10:29ZMany people associate wealth management with investing, but a true wealth management plan involves much more than choosing stocks, bonds or retirement accounts. A wealth management plan is a comprehensive strategy designed to help individuals and families build, preserve, manage and transfer wealth in a way that supports their long-term financial goals.A well-developed wealth management plan typically begins with a thorough review of a person's financial situation. This may include income, assets, investments, real estate holdings, business interests, insurance coverage, debt obligations and future financial objectives. The goal is to create a coordinated approach that addresses both current needs and future opportunities.
Crafting a plan that works for you
A carefully structured investment strategy should reflect an individual's risk tolerance, time horizon and financial goals. However, investment management is only one piece of the larger picture. Tax planning is another critical element. Effective wealth management often involves identifying strategies to minimize unnecessary tax burdens while remaining fully compliant with tax laws. This may include planning related to retirement accounts, charitable giving, business interests or future wealth transfers.Estate planning is also a foundational consideration of many wealth management approaches. A wealth management plan should address what happens to assets in the event of incapacity or death. Wills, trusts, powers of attorney and healthcare directives may all be incorporated into a broader strategy designed to protect loved ones and preserve family wealth.Business owners often require additional planning considerations. Succession planning, ownership transitions and asset protection strategies can help ensure the long-term stability of both personal and business assets.Rather than addressing investments, taxes and estate planning separately, a comprehensive plan seeks to ensure that all aspects of a person's financial life work together efficiently.Finally, a wealth management plan is not a one-time project. Financial circumstances, family situations and legal requirements change over time. Marriage, divorce, retirement, business growth, inheritance and other life events may require periodic updates to keep a plan aligned with current goals.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Who has the legal standing to contest a will?]]>https://www.lyonsbeaudryharrison.com/?p=473022026-05-26T14:54:08Z2026-05-26T14:54:08ZNot just anyone can challenge a will. A person must have proper legal standing to do so. Will contests and estate disputes generally come from a small group of interested parties who have the legal authority to take that step.
This often starts with family members or heirs. These are people who are directly related to the deceased, such as that person’s adult children. Because the outcome of the estate distribution will have a direct impact on them, they may be able to challenge the will if they believe it is fraudulent, was altered through undue influence or contains some other legal issue.
Other beneficiaries
Additionally, people who are not family members may still have standing if they were named as beneficiaries. Anyone listed in the will, or even someone who was removed from a previous version of the will, may potentially have the legal ability to challenge the estate plan. For example, if a beneficiary was originally set to receive a significant inheritance but was removed shortly before the person passed away, they may question whether the deceased truly intended to make that change.
Creditors
Creditors may also have certain rights during probate. The estate executor is generally responsible for paying valid debts and taxes from estate assets before distributing inheritances to beneficiaries. If creditors believe they are not being paid properly, they may be able to challenge aspects of the estate administration process.
Navigating a will contest
One of the first steps in a will contest is determining whether the person bringing the challenge actually has the legal standing to do so. As the case moves forward, everyone involved needs to understand their legal rights and the steps they may need to take.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[4 factors to consider when choosing a health care surrogate ]]>https://www.lyonsbeaudryharrison.com/?p=472992026-05-11T16:52:47Z2026-05-11T16:52:47ZDesignating a health care surrogate is a crucial step when estate planning. Your chosen party will have access to your health information and make health care decisions on your behalf during incapacitation. You want to choose someone who can perform the sensitive duties of this role effectively.
Here are four factors to consider when choosing a suitable health care surrogate:
Trust
Trust is an essential quality in a health care surrogate. Choose someone whom you trust to have access to your medical records, to follow your wishes,even if they disagree with them, and to make other decisions in your best interest.
Familiarity
It helps to choose someone familiar with you – someone who understands your personality, values and preferences. This way, it can be easier for them to make decisions as you would have.
Assertiveness
Some of the decisions your surrogate will need to make will be tough, including life-prolonging procedures and end-of-life care decisions. And, at times, they may be required to make these decisions under pressure. Thus, consider choosing an assertive person. Your chosen party should be able to communicate effectively with healthcare providers and loved ones, ask difficult questions and stand by your wishes/their decisions. So, look for someone who is always calm in a crisis, never shies away from asking questions, respects people, sets boundaries and is an effective communicator.
Proximity
Although not the most important factor, the proximity of a health care surrogate to you can make a difference. It can be better when a surrogate is physically present in the hospital within a short time, has face-to-face meetings with physicians and gives fast responses on site during emergencies.Your health care surrogate will play a crucial role if you become incapacitated. Get more information about this role to make an informed decision. ]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Important times to review your existing estate plan]]>https://www.lyonsbeaudryharrison.com/?p=472942026-04-28T07:38:12Z2026-04-28T07:38:12ZEven if you have an estate plan, reviewing it is important. A periodic review can tell you if you need to make any updates or changes to that plan.
One way to address this is to review the documents on a predetermined schedule. Many people will review their estate plan every three years, for example. But another option is to look for key events in your life that may mean an update is necessary, no matter how long it has been since the last review.
Marital changes
For instance, did you get married or divorced this year? It may be wise to update your plan. If some of your beneficiaries got married, such as your adult children, you may want to consider their new spouses.
Health changes
Estate planning can also help you focus on future health needs, perhaps using a living will to make decisions in advance or using a power of attorney to choose an agent to make those decisions if you become incapacitated. If you are diagnosed with a significant disease or are facing health challenges, updates are wise.
Financial changes
Of course, you also need to review the plan any time there has been a significant change in your finances or your assets. Say that you were going to leave your home to one of your adult children as your main beneficiary, but now you have decided to sell the house and downsize. The estate plan needs to be updated. Or perhaps you have purchased a new asset, such as a vacation property or a life insurance policy, and you need to determine how that is going to fit into your existing estate plan.The key is to remember that an estate plan is not something that you just forget about after you originally draft it. As long as you are proactive about making updates, you can ensure that the plan will work for your family. Just be sure you know what legal options you have.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[When does a revocable trust become irrevocable?]]>https://www.lyonsbeaudryharrison.com/?p=472922026-04-17T08:22:01Z2026-04-17T08:22:01ZIdentifying the triggers that make a trust irrevocable
A trust becomes irrevocable when the grantor loses the ability to change or cancel its terms. This shift often happens because of life events rather than a planned decision. For example, a revocable trust that the grantor controlled during their lifetime turns irrevocable once the grantor passes away, and every provision in the document locks into place at that point.
Incapacity can also bring about this change. If the grantor loses the mental ability to handle legal and financial matters, the trust may function as irrevocable in practice. However, an authorized agent acting under the trust document and a power of attorney or a court-appointed guardian with court approval may still be able to revoke or amend it.
A grantor may also choose to convert the trust. This process typically involves drafting a formal amendment that removes the power of revocation, and a grantor can take this step for estate planning or asset protection purposes.
Defining trustee and beneficiary obligations after the shift
When a trust becomes irrevocable, the rights of each beneficiary take on a more concrete and enforceable form. They may gain the right to receive details about the trust's assets, the trustee's actions and the terms that govern their payouts.
The trustee's duties also grow after this change takes place. A trustee of an irrevocable trust owes fiduciary duties directly to the beneficiaries, including duties of loyalty, fairness and careful asset management.
Taking steps to protect your position
If you are a grantor and still have the power to amend your trust, going over its current terms with an estate planning lawyer may be worthwhile. Looking at clauses tied to loss of capacity, successor trustees and payout instructions now can cut down on confusion for your family in the future.
For trustees and those set to benefit from the trust, this shift is often the point at which knowing the trust document matters most. A clear grasp of what the document requires and what Florida law provides can help you approach the process with a better sense of your rights and duties.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[Lack of testamentary capacity: What evidence does the court require?]]>https://www.lyonsbeaudryharrison.com/?p=472882026-04-14T12:08:45Z2026-04-14T12:08:45ZWhat "sound mind" means under Florida law
State law sets a specific standard for what makes a will valid. The testator (the person who made the will) must be of “sound mind,” meaning they had the mental capacity to understand three things at the time of signing:
What they owned: A general awareness of their assets, such as property, bank accounts and investments
Who they would naturally leave their assets to: The people in their life (legally referred to as the “natural objects of bounty”) who stand to benefit from the estate
What the will would do: That the document they were signing would determine the distribution of their assets after death
Florida law also recognizes the "lucid interval,” a period of temporary mental clarity. Even a person with advanced dementia or Alzheimer's may execute a valid will during such a window, meaning a medical diagnosis alone cannot void a will. A party must present evidence tied directly to that moment of signing.
The evidence courts examine
Because capacity centers on a precise moment in time, courts require focused, time-anchored evidence. Three categories typically carry the most weight:
Witness testimony: Accounts from the drafting attorney and signing witnesses about the testator's demeanor at execution, and observations from neighbors, friends or caregivers about their day-to-day cognitive function around that time
Medical records: Brain imaging (MRI/CT), pharmacy logs and physician notes from near the signing date
Forensic testimony: Geriatric psychiatrists or neurologists who offer a professional opinion on the testator's capacity at the moment of execution
Keep in mind that even the strongest evidence cannot help if you wait too long to act. Once you receive a "Notice of Administration” – the document announcing that a will has been submitted to probate – you have three months from the date of service to file a legal objection.
Your concerns deserve a closer look
If something about a loved one's will doesn't feel right, trust that instinct enough to get a professional opinion. An experienced attorney can help you understand your options before the filing window closes.]]>On Behalf of Lyons, Beaudry & Harrison, P.A.<![CDATA[4 essential considerations when creating a life care plan]]>https://www.lyonsbeaudryharrison.com/?p=472822026-03-23T12:57:47Z2026-03-23T12:55:34ZMastering the income cap
Florida follows a strict income limit for long-term care Medicaid eligibility. Families must use a Qualified Income Trust to remain eligible under Florida law. This legal tool allows a senior to funnel excess income into a trust to pay for medical costs.
Identifying the 'hot powers'
In addition, a standard power of attorney rarely provides enough authority for comprehensive care planning. A principal must initial "hot powers" to allow an agent to gift assets or create trusts.
Without these explicit initials, a caregiver cannot legally protect a home or savings if the senior loses mental capacity. This technicality can force families into guardianship court proceedings.
Surviving the forensic audit
The Department of Children and Families also conducts a thorough five-year look-back on every financial transaction. Any transfer for less than fair market value triggers a penalty period. Thus, a life care plan must account for every check and transfer made during this 60-month window.
Protecting the community spouse
Furthermore, the law provides safeguards to ensure a healthy spouse does not fall into poverty. This protection prevents the state from requiring a couple to spend every cent on one partner's care. Proper planning can ensure the community spouse maintains their independence and stays in the family home.
Seeking a more secure future
Planning for the sunset years involves more than just signing a few papers. However, it can be challenging to develop a life care plan to protect an elder's quality of life and the financial stability of their family. With legal advice, families may study their options and make informed decisions as they seek to build a bridge toward a more secure future.]]>