8 Mistakes Medicaid applicants make

1. Failure to maintain properly a Qualified Income Trust (QIT). A QIT is needed to hold income when one’s income is more than $2022 a month.
2. Making gifts to reduce a Medicaid applicant’s assets. Making most gifts will cause Dept. of Children and Families to deny your application.
3. Failing to plan for possibility that spouse at home may predecease the spouse institutionalized. By the one spouse leaving assets to the Medicaid spouse it will cause them to lose their Medicaid benefits. Need to leave assets in will to special needs trust for the institutionalized spouse.
4. Relying on outdated or poorly drafted durable powers of attorney. Many Powers of attorney fail to specify authority to make gifts and/or enter into personal service contracts.
5. Gifting without taking into account the transfer rules and penalties. Any gift within 60 months of seeking Medicaid benefits will delay eligibility for Medicaid approval. Transfers without fair market value can be a problem.
6. Failure to liquidate certain life insurance policies that possess cash surrender value. If cash surrender value of the policy is more than $2500 yo0u have to liquidate these policies before applying for Medicaid.
7. Failure to have funeral contact made irrevocable. A revocable pre-paid funeral contact for more than $2500 is considered an asset. This can cause denial of the application.
8. Failing to list all assets, income and gifts within a 60 month period prior to filing the request for assistance is a serious crime. There is a 5 year look back period which might include gifts that would delay eligibility for Medicaid benefits. Failing to notify DCF within 10 days following any changes in assets or income violates the law.

Lawsuit Filed Against Bayer Corporation over the Yaz/Yasmin Birth Control Pills

The newest form of combined oral contraceptives has given birth to a mass tort.
Several lawsuits have been filed in federal court against Bayer Corp. over Yaz/Yasmin birth control pills, alleging that a new ingredient in this “fourth generation” contraceptive presents dangerous risks that the company failed to warn about.
The plaintiffs claim injuries that include deep vein thrombosis, gallbladder damage, kidney stones, heart attacks, pulmonary embolisms and strokes.
The lawsuits also allege fraudulent concealment of safety information.
Hundreds more suits are expected to be filed in the near future, with lawyers around the country looking into these cases.
“We’ve filed four cases this week, and we will file more this week and every week as we go forward. There are a substantial number of cases,” said Janet Abaray, a managing shareholder of Burg Simpson Eldredge Hersh in Cincinnati, Ohio and co-lead counsel for the Ortho-Evra (contraceptive patch) litigation.
Daniel Gallucci, an attorney with RodaNast, P.C. in Lancaster, Pa., who filed one of the first lawsuits, said that he is investigating hundreds of cases.
Joseph Weinstein, an attorney with Squire, Sanders & Dempsey in Cleveland who represents Bayer Corp., declined comment for this article. Bayer Corp. did not return a call seeking comment.
‘Fourth generation’
Yaz, which was approved by the FDA in 2006, and Yasmin, which was approved in 2001, are fourth generation combination oral contraceptives that combine estrogen and progestin to prevent pregnancy.
What makes both drugs “fourth generation” and different from any other birth control pills is the progestin component, called drospirenone.
Plaintiffs’ attorneys allege that drospirenone, a diuretic, causes an increase in potassium which can lead to “hyperkalemia” or unsafe levels of potassium that disrupt heart rhythms and slow the flow of blood. This can lead to blood clotting.
“No other birth control uses a diuretic as an active ingredient,” said Gallucci, who noted that the number of adverse events reported to the FDA appears disproportionately higher for Yaz and Yasmin than for other birth control pills.
Between 2004 and 2008, over 50 deaths of Yaz and Yasmin users were reported to the FDA, according to the suit filed by Ohio plaintiff Anne Marie Eakins, who used Yaz for four months in 2007 and suffered multiple bilateral pulmonary emboli.
Another common injury in these cases is gallbladder damage, said David Zoll of Zoll, Kranz & Borgess in Toledo, Ohio, who authors the Yaz, Yasmin and You blog.
“The diuretic causes you to lose water and so you develop sludge or bile that wipes out the gallbladder,” he said.
Gallucci said some of his clients are women who were not of child-bearing age and suffered gallbladder removal or sudden death after taking the pills for acne.
According to the British Medical Journal, the Dutch College of General Practitioners recommends that its members prescribe older, second generation birth control pills instead of Yaz/Yasmin because of 40 cases of venous thrombosis, including the death of a 17 year-old.
Abaray contends that after first generation birth control pills were found to cause health risks because of the levels of the estrogen component ethinyl estradiol, the second generation pills dropped the level of hormones and the risks went way down.
“We’re sort of going in a circle,” she said. “Now that the patents ran out, they have started patenting ‘new and improved’ progestins by monkeying with the levels again, and we’re seeing increased risks of blood clots.”
FDA warnings
The makers of Yaz and Yasmin have been warned about their marketing.
In 2003, the FDA warned Berlex Laboratories, which has since been purchased by Bayer, about TV ads which used the tagline: “Ask about Yasmin and the difference a little chemistry can make.”
The FDA said that the ads overstated the safety of the drug and failed to communicate that increased potassium is a risk, in contrast to the bolded warnings in the package insert.
In 2008, the FDA warned Bayer about TV ads that claimed Yaz was effective for treating acne and premenstrual syndrome (PMS), as opposed to the more severe disorder premenstrual dysphoric disorder (PMDD), for which Yaz is approved.
In those ads, women sing “We’re not gonna take it” while kicking and pushing away words such as “IRRITABILITY,” “MOODINESS,” “BLOATING” and “FEELING ANXIOUS.”
The company has released new ads designed to clear up the FDA’s concerns.
But Zoll said that the cases are not limited to those occurring before the new round of ads.
“Even with the new ads, the warnings are still grossly inadequate,” he claimed.
“The warning currently says if you are taking medication that is also increasing potassium you should have your potassium levels checked, but there is no warning of increased risk of blood clots compared to other birth control pills,” said Abaray.
Questions or comments can be directed to the writer at: sylvia.hsieh@lawyersusaonline.com

Denture cream lawsuits

Zinc is common enough—it is even a dietary requirement. Humans should typically ingest between eight and eleven milligrams per day (often through red meat, nuts and grains). However, lawsuits alleging zinc toxicity of denture creams are showcasing how too much of a good thing can be harmful. A study in Neurology reports that some patients who used denture cream were exposed to at least 330 milligrams of zinc daily—far more than the maximum daily allowance of 40 milligrams. This and other studies form the basis for many of the existing denture cream lawsuits.

There are approximately eleven denture cream lawsuits filed against Glaxo Smith Kline and Proctor and Gamble for their denture cream products—Poligrip and Fixodent. The denture cream lawyers generally allege that the denture cream manufacturers failed to appropriately warn consumers about the risks of zinc toxicity. One defense is predictable—the plaintiffs did not use the product in accordance with the instructions.

However, that defense lawyers' common argument - blame the victim - ignores the fact that a large portion of the denture-wearing population (34 million Americans) have somewhat ill-fitting dentures. The only way to keep them in place is a generous application of denture cream. This is common knowledge. Those people were never warned of the dangers of using denture cream beyond the instructions. From a consumer standpoint, a product that goes in your mouth must be safe to use. Who among us would think of a problem like zinc toxicity from denture cream?

So, here’s the science: zinc in denture cream is absorbed through the gums. High levels of zinc inhibit copper absorption, which can cause a copper deficiency and anemia (weakness). It can also reduce the function of the immune system. Among the more serious effects are paralysis and nerve damage. Symptoms can include numbness or tingling, and lack of balance. One plaintiff claiming injuries from denture cream, a man from east Texas, can barely walk, and only with support.

Though reducing zinc intake to normal levels can help, oftentimes the damage is not reversible, and there is no cure. Victims injured by denture cream may have extensive medical and other needs, which they cannot afford on their own. For example, they may need wheelchairs, transportation, and help working around the house or performing normal activities. Regardless, these are significant injuries that severely limit victims’ independence

Text Messaging Can Kill

In Davenport, Florida, Christopher Cededa, a 14 year old died, after being hit by a vehicle while text messaging on his cell phone. His friends saw the 1994 Buick and stopped. Christopher was busy sending a text to somebody and did not notice the vehicle. The Polk County Sheriff's Office stated that the woman driver probably would not be charged with any violation or traffic citation.

Technology is great but it can cause distractions for pedestrians, bicycle riders and drivers. Just like drinking and driving does not mix. Texting and walking close to roads or across roads does not mix. Christopher's death is tragic for his family and the community. His story may very well prevent other deaths and tragedies from happening in the future

Stop Texting and Drive!!!

Text messaging has far surpassed cell phone calls as the primary means of wireless communication, industry surveys show, and, as a result, more and more drivers are texting while driving. In fact, one study found 75 billion text messages were sent in June 2008!

The consumer research company Nielsen Mobile tracked 50,000 customers in the second quarter of 2008 and found that the average American sent or received 357 texts a month, compared with 204 phone calls. The number is much higher for teenagers who average 1,742 text messages a month.

While the use of text messaging is up, so are traffic accidents attributed to driver distraction. A study conducted by Harvard University for the NSC last year estimated cell phone use contributed to 636,000 car accidents, 333,000 injuries, 12,000 serious injuries and 2,600 deaths last year.

A number of bills introduced into the 2009 Florida Legislature call for a ban on text messaging. In the Senate, Sens. Carey Baker, R-Eustis and Frederica Wilson, D-Miami, both have bills. Baker's would ban cell phone use and texting by drivers who are 18 and younger, while Wilson's bill would ban talking on any handheld device and sending texts for all drivers.

Wilson's bill is "Heather's Law," named after Heather Hurd, 26, a Lakeland-area woman who was killed in January of last year, when a tractor and semi-trailer driver slammed into 10 cars stopped at a traffic light on U.S. 27. The tractor-truck driver reportedly was distracted while sending a text message and was charged in September with careless driving.

In the House, Rep. John Legg, R-Port Richey has a measure similar to Baker's, and Rep. Doug Holder, R-Sarasota is pushing a bill that would ban text messaging only.

What is title insurance? And what are the top ten reasons you should have title insurance on your property?

Title insurance is indemnity insurance that protects you against financial loss from defects in title to real property and from the invalidity or unenforceability of mortgage liens. It is meant to protect an owner's or a lender's financial interest in real property against loss due to title defects, liens or other matters. It will defend against a lawsuit attacking the title as it is insured, or reimburse the insured for the actual monetary loss incurred, up to the dollar amount of insurance provided by the policy.

1. The deed or mortgage may not have a clear title; there may be acts of forgery in the past that cloud the title.

2. The deed or mortgage may have been transferred by a person that was incompetent or did not have the legal right to sign the document over.

3. The deed or mortgage may have been made by a person other than the owner, but with the same name as the owner.

4. Title Insurance will cover attorneys’ fees and court cost should a claim be made against the deed or mortgage.

5. A title insurance policy will cover you for the amount of your covered losses.

6. Claims have risen over the past 20 years. You need to protect yourself.

7. The deed or mortgage may be voidable because it was signed while the grantor wad in bankruptcy.

8. There may have been a defect in the recording of a the document.

9. Title insurance would protect you against claims against your title or deed that may be made due to marital status and/or divorces.

10. A deed or mortgage may be subject to a federal tax lien that you are not aware of.

What is a Reverse Mortgage?

A reverse mortgage is a way to receive cash from the equity in your home. Traditionally, you would be required to sell your home, refinance your mortgage, or take out a home equity loan in order to access your equity. However, a reverse mortgage allows you to remove equity (cash) from your home without paying it back for as long as you line in your home.

You can receive this cash in several ways:

1. In one lump sum
2. In a monthly payment
3. In a credit line which you can withdraw from as needed.
4. A combination of all three payment options

Contact our real estate department at (850) 434-8904 to find out more on how you can benefit from a reverse mortgage.

Windstorm and Hurricane Damage Insurance Claim Denial ▪ Insurance Bad Faith

Far too many insurance companies run their businesses without considering the needs of their policyholders. At Farrar Law Firm, our attorneys represent property owners throughout Northwest Florida and Coastal Mississippi facing insurance claim denials. Contact us at (850) 434-8904 to learn more about appealing an insurance claim denied in bad faith.
When as insurance company refuses to cover windstorm or hurricane damage after you have paid all your insurance premiums, you want answers. Attorney Greg Farrar understands your frustration because he also was displaced from his home by water damage. If your insurance company fails to cover Mississippi or Florida hurricane damage or a flood claim in bad faith, they may be liable for treble damages.
What does your Insurance Policy Cover?
Many disputes concerning insurance claim denials are over the cause of the property damage. It is important to know what type of property damage your insurance policy covers. You also should make sure you are not underinsured. At Farrar Law Firm, we recommend people do a few things:
• Go over your insurance policy with your agent to make sure your policy covers flood damage. Most homeowner's insurance policies do not cover flood damage.
• Make an inventory of all your personal belongings, in case of a hurricane or flood.
• Make sure you purchase enough insurance to cover the loss of all of your property.
Basis of an Insurance Claim Denial
Insurance companies deny flood and hurricane damage claims for a variety of reasons. Insurance companies often deny a claim by arguing that the policyholder is not entitled to compensation for a particular loss. Many disputes arise about whether a flood or a hurricane caused the damage. Since most insurance policies do not cover flood damage, insurance companies argue that the damage occurred because of the resulting flood rather than the hurricane.
Appeal a bad faith insurance claim denial. Contact one of the lawyers at Farrar Law Firm for a complimentary telephone consultation at our office (850) 434-8904. We fight to make things right. Our firm represents people throughout Northwest Florida and Coastal Mississippi.

There have been changes to the Homeowner Association Guidelines.

Below are the highlights of those changes. Please contact our office through our website at www.farrarlawfirm.com or call our office at (850) 434-8904 for your free copy of the full statutes


Legislative Sessions 2007 and 2008

Several changes have occurred to Florida Statute 720. The following are some of the highlights:

• Insurance

 The legislature now allows associations to self insure, provides guidelines on what constitutes adequate windstorm coverage pursuant to section 624.462.

• Board Meetings and Disclosures

 Pursuant to Section 720.303(2)(a) the open meeting requirement for board of directors meeting now extends to all committees. Section 720.303(5) still requires the association official records to be maintained in the State of Florida and to be available for inspection and photocopying.

• Establishment of Budgets

 All associations must prepare an annual budget. Pursuant to Section 720.303(6) sets forth the manner in which an association must establish and maintain its annual budgets and also sets forth the manner in which the reserves must be established.

• Financial Reporting

 The Florida Statutes require associations to provide certain financial reporting documents. The association is required to prepare a complete financial report for the prior fiscal year within 90 days (instead of 60 days) of the end of the prior fiscal year or whatever other date established by the association bylaws. The association must copy the report to its members within 21 days.

• Architectural Review Committees

 Section 720.3035 was created to impose statutory requirements for architectural review committees. The ARC shall not unreasonably interfere with or impair the rights of the property owners as set forth in the declaration and/or other governing documents of the association concerning the construction of improvements.

• Assessments

 Pursuant to Section 720.3085 the legislature created and modified the ability of the homeowner’s associations to create and enforce liens.

• Legislation/Mediation/Arbitration Matters

 The legislature also amended Section 720.311 regarding resolution of disputes between an association and owners within the community. The modifications affect disputes not involving recalls and elections. In other words, the amendment did not change the procedure for matters not involving recalls and elections.

Conclusion

The Florida Legislature has shown a trend requiring a more professional relationship between the owners, developers and the association, specifically defined rights, procedures and remedies. Clearly the legislature focuses on homeowner’s associations and its management and it is likely to be a subject to future amendment and change. It is essential homeowner’s associations, its directors and management closely watches the legislative changes.

CELL PHONE USE WHEN DRIVING

In the United States over 266 million people subscribe to wireless devices such as cell phones. Comparatively approximately only 4 million had such devices in 1990. There are two main dangers associated with driving and cell phone use, including text messaging. First, drivers must take their eyes off the road while dialing. Secondly, people become so absorbed in their conversations that their ability to concentrate on the act of driving becomes severely impaired. There was a survey of dangerous driving behaviors by Nationwide Mutual Insurance Company in January, 2007. That survey of 1200 drivers found that 73% talk on cell phones while driving. Cell phone use was even higher among young drivers. The same survey by Nationwide found that 19% or almost one in five motorists say that they have even text messaged while driving. Those statistics are staggering considering that motorists who use cell phone while driving are four times more likely to get into crashes that are serious enough to injure themselves according to the Insurance Institute for Highway Safety. Even using hands free cell phones, one is 18% slower in their breaking and 17% longer to regain their speed after braking. The 100 car naturalistic driving study conducted by the Virginia Tech Transportation Institute and National Highway Traffic Safety Administration in April 2006 found that almost 80% of crashes and 65% of near crashes involved some form of driver inattention within 3 seconds of the crash. The new study found that the most common distraction is the use cell phones, followed by drowsiness. As of October 2008 six states, California, Connecticut, New Jersey, New York, Utah and Washington State and the District of Columbia have laws banning the use of hand held cell phones while driving. About 18 states have passed laws banning or restricting younger drivers from using cell phones. As of October 2008 driving while texting has been banned in seven states: Alaska, California, Connecticut, Louisiana, Minnesota, New Jersey and Washington. There was a recent court decision in December 2007 where International Paper Company agreed to pay a 5.2 million dollar settlement to a woman who was rear ended by one of International Paper’s employees. The employee was driving a company car talking on a company cell phone when she had her accident. The settlement was reached even though the company had a policy of requiring the use of hands free head sets while driving, and the employee violated that policy at the time of the accident.

Teen Driving Information

Motor vehicle crashes are the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group.1 In 2005, twelve teens ages 16 to 19 died every day from motor vehicle injuries. In the United States during 2005, 4,544 teens, ages 16 to 19, died of injuries caused by motor vehicle crashes. In the same year, nearly 400,000 motor vehicle occupants in this age group sustained nonfatal injuries that required treatment in an emergency department.1 Overall, in 2005, teenagers accounted for 10 percent of the U.S. population and 12 percent of motor vehicle crash deaths.2 Young people ages 15-24 represent only 14% of the U.S. population. However, they account for 30% ($19 billion) of the total costs of motor vehicle injuries among males and 28% ($7 billion) of the total costs of motor vehicle injuries among females.2
The risk of motor vehicle crashes is higher among 16- to 19-year-olds than among any other age group. In fact, per mile driven, teen drivers ages 16 to 19 are four times more likely than older drivers to crash.3
Among teen drivers, those at especially high risk for motor vehicle crashes are:
• Males: In 2005, the motor vehicle death rate for male drivers and passengers ages 16 to 19 was more than one and a half times that of their female counterparts.1
• Teens driving with teen passengers: The presence of teen passengers increases the crash risk of unsupervised teen drivers. This risk increases with the number of teen passengers.4
• Newly licensed teens: Crash risk is particularly high during the first year that teenagers are eligible to drive.3
What are the major risk factors?
• Teens are more likely than older drivers to underestimate dangerous situations or not be able to recognize hazardous situations.5
• Teens are more likely than older drivers to speed and allow shorter headways (the distance from the front of one vehicle to the front of the next). The presence of male teenage passengers increases the likelihood of this risky driving behavior.6
• Among male drivers between 15 and 20 years of age who were involved in fatal crashes in 2005, 38% were speeding at the time of the crash and 24% had been drinking.7,8
• Compared with other age groups, teens have the lowest rate of seat belt use. In 2005, 10% of high school students reported they rarely or never wear seat belts when riding with someone else.9 In a national survey of seat belt use among high school students: Male high school students (12.5%) were more likely than female students (7.8%) to rarely or never wear seat belts.9 African-American students (13.4%) and Hispanic students (10.6%) were more likely than white students (9.4%) to rarely or never wear seat belts.9
• At all levels of blood alcohol concentration (BAC), the risk of involvement in a motor vehicle crash is greater for teens than for older drivers.3
• In 2005, 23% of drivers ages 15 to 20 who died in motor vehicle crashes had a BAC of 0.08 g/dl or higher.8
• In a national survey conducted in 2005, nearly three out of ten teens reported that, within the previous month, they had ridden with a driver who had been drinking alcohol. One in ten reported having driven after drinking alcohol within the same one-month period.9
• In 2005, three out of four teen drivers killed in motor vehicle crashes after drinking and driving were not wearing a seat belt.9
• In 2005, half of teen deaths from motor vehicle crashes occurred between 3 p.m. and midnight and 54% occurred on Friday, Saturday, or Sunday.3
There are proven methods to helping teens become safer drivers. Research suggests that the most comprehensive graduated drivers licensing (GDL) programs are associated with reductions of 38% and 40% in fatal and injury crashes, respectively, among 16-year-old drivers.1 Graduated driver licensing (GDL) systems are designed to delay full licensure while allowing teens to get their initial driving experience under low-risk conditions.
1Centers for Disease Control and Prevention. Web-based Injury Statistics Query and Reporting System (WISQARS) [Online]. (2008). National Center for Injury Prevention and Control, Centers for Disease Control and Prevention (producer). Available from: URL: www.cdc.gov/ncipc/wisqars. [Cited 2008 Mar 14].
2Finkelstein EA, Corso PS, Miller TR, Associates. Incidence and Economic Burden of Injuries in the United States. New York: Oxford University Press; 2006.
3Insurance Institute for Highway Safety (IIHS). Fatality facts: teenagers 2005. Arlington (VA): The Institute; 2006 [cited 2006 Dec 1].
4Chen L, Baker SP, Braver ER, Li G. Carrying passengers as a risk factor for crashes fatal to 16- and 17-year old drivers. JAMA 2000;283(12):1578–82.
5Jonah BA, Dawson NE. Youth and risk: age differences in risky driving, risk perception, and risk utility. Alcohol, Drugs and Driving 1987;3:13–29.
6Simons-Morton B, Lerner N, Singer J. The observed effects of teenage passengers on the risky driving behavior of teenage drivers. Accident Analysis and Prevention
7National Highway Traffic Safety Administration (NHTSA), Dept. of Transportation (US). Traffic safety facts 2005: speeding. Washington (DC): NHTSA; 2006a [cited 2008 March 28]. Available from: URL: http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2005/SpeedingTSF05.pdf.
8National Highway Traffic Safety Administration (NHTSA), Dept. of Transportation (US). Traffic safety facts 2005: young drivers. Washington (DC): NHTSA; 2006b [cited 2008 March 28]. Available from: URL: http://www-nrd.nhtsa.dot.gov/pdf/nrd-30/NCSA/TSF2005/YoungDriversTSF05.pdf.
9Centers for Disease Control and Prevention. Youth Risk Behavior Surveillance—United States, 2005 [Online]. (2006b). National Center for Chronic Disease Prevention and Health Promotion (producer). Available from: URL: http://apps.nccd.cdc.gov/yrbss/CategoryQuestions.asp?cat=1&desc=Unintentional Injuries and Violence

What To Do When Someone Dies

Dealing with the death of a loved one is never easy. It is our goal to provide you with some important information that will make the days and weeks after their passing a little easier.

Pronouncement of death and transportation of the body:
If your loved one dies at home you will need to make arrangements for transportation of the body.
Who to call:
►Call the Coroner or 911 if the death occurs at home.
►If you are using Hospice care, call the hospice care provider and they may handle these matters for you.
► Call family members who may wish to spend private time with your loved one. The Red Cross will help you notify family members if the deceased was in the military or if the relative to be notified is in the military.

Make sure to:
► Follow any religious observances that were requested by your family member.
► Follow Deceased’s Instructions: If it exists, find your family member’s final arrangements plan so that you can follow their final wishes with respect to whether a funeral, memorial service, cremation, organ donation, or whole body donation was desired.

Look through the papers to find if she or he:
► Had a prepaid burial policy;
► Belonged to a memorial society; or
► Had written any specific instructions
Note that these instructions could be legally binding even though they might be contrary to the wishes of others. If you have any questions about whether or not to follow them, contact Farrar Thompson Law Firm.

What to Do 1-3 Days After Death
Complete Funeral Arrangements
Ask a friend or family member to go with you to the mortuary to advise and support you in making the funeral and burial arrangements. You may have to think about transfer to another location, burial, or cremation. You may ask a clergy member to assist you.

Financial Assistance
If the deceased was in the military or is the spouse or dependent child of a person in the military, contact the VA cemetery or VA office. There may be burial benefits. The mortuary will call the VA at your request

Other Assistance:
Choose someone to:
► Answer the phone calls from family members and friends and collect mail;
►Care for pets, plants and other household chores;
► Assist with lawn care or snow removal;
► Stay at home during the funeral and visit the home to guard against break-ins occurring; and gather two or three light timers so they will go on and off at appropriate times.
► Prepare food for family and friends after the funeral.

What to Do 1-10 Days After Death
Contact the following persons or institutions:
► Attorney, Farrar Thompson Law Firm (850) 434-8904, to set up a meeting to discuss the probate process, such as how to transfer real estate, assets, how to deal with heirs or devises and how to report taxes.
► Accountant or tax preparer, to assist with gathering information as to the assets owned by the deceased and to determine what returns should be filed;
► Investment professionals, to obtain information as to assets owned by the deceased;
► Insurance agents, to discuss insuring the decedent’s assets and to obtain necessary death claim forms for life insurance or other assets;
► Social Security, to stop monthly deposits and learn of benefits. The contact number for Social Security is (800) 772-1213.
► Veteran Affairs, to stop monthly check and learn of benefits;
► Agency providing pension services, to stop monthly check and obtain claim forms;
► Utility companies, to alter or discontinue service;
► Employer, to notify of death and learn of benefits;
► Newspapers and magazines, to stop subscriptions (you may consider asking for refunds of the unused portion of subscription); and
► Post office, if necessary, to forward mail.

Search for the Will
The original will is usually in a safe place in the deceased’s home, a safe deposit box, or placed with the Court in the County in which the decedent lived. When the original signed will is found, bring it to your attorney’s office. If a will cannot be found, an attorney at Farrar Thompson Lawfirm can help guide you through the Florida intestate probate process.

Death Certificates
Some examples of assets that will require an original death certificate are homes held in joint tenancy, stocks, bonds and bank accounts. If you do not order enough, you can get more death certificates later through the County Vital Statistics Department where the death occurred.

Avoid Unscrupulous People
In the period following the loss of a loved one, be careful before accepting any telephone solicitation, and be careful about volunteering personal information about the decedent to strangers over the phone. Fraudulent bills may be received and should be reviewed carefully.

Creditors
Following a death, certain creditors may be very aggressive. An important purpose of the probate administration is to provide an orderly process for dealing with all of a decedent’s creditors. Try to avoid depleting the available cash on the first “squeaky wheels” because it can cause bigger problems later in the estate administrations, as well as expose the personal representative to a charge that he or she showed preference for a specific creditor over others.
Veterans Benefits and Social Security
The mortuary may assist you with the paperwork for both VA and Social Security benefits. For Social Security benefits, call the Social Security Admin at (800) 772-1213.
Be prepared to identify the deceased’s:
Relationship to you; Social Security or VA claim number; Date of birth; Date of death; Place of death; Surviving spouse or next of kind; and medical history that bears on whether the death is service related or not.
Your call will stop the monthly payments currently being received by the decedent. You must return the check for the month of death. If the decedent was receiving benefits by direct deposit, excess payments will, in time, be electronically withdrawn from the account.
Social Security monthly benefits are available to the surviving spouse and to children under 18 and certain disabled children. Benefits include a lump sum death benefit. Ask for the Social Security Survivors” brochure or see http:/ /www.ssa.gov/pubs/deathbenefits.htm.
Veterans’ benefits may be available to the surviving spouse. Benefits may include a lump sum death benefit, if death was service related; a continuing monthly payment to the surviving spouse; and financial assistance with funeral expenses, or burial in a national cemetery. Ask for the “Federal Benefits for Veterans and Dependents” brochure or http://www.vba.va. gov/survivors/index.htm.

This article cannot explain everything you need to know in the first few days following the death of a loved one. You should establish an early relationship with your attorney to assure that all matters and questions are properly addressed. Seeking your attorney’s advice before you act may avoid more costly legal fees later. Your attorney will be able to provide you with very helpful information and explain the probate process to you. This will help alleviate a large amount of concern. Contact the attorneys at Farrar Thompson Law Firm, 850-434-8904 today.

The Top 10 Steps you Can to Take to Help Your Child Through the Divorce Process
• Establish a cordial relationship with your former spouse.
• Do not discuss divorce disputes with your children or allow them to hear you discuss these issues with others.
• Do not speak against your former spouse or their families in front of the children.
• Encourage your children to continue their relationship with your former spouses parents.
• Never put your children in a position where they have to choose between their parents or decide where their allegiance lies.
• Reassure your children that you and your former spouse will always be their mom and dad.
• Don’t give your children false hopes of reunification.
• Make sure that you and your former spouse are united in your parenting.
• Divorce is not an event, it is a process. Allow yourself, your ex-spouse, and your children at least two years for readjustment.
• Ending your marriage does not mean an end to the family. Be sure to give your children time to cope with the event. Help your children work through their confusing and feeling of abandonment that they feel due to the divorce.