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DECEMBER 2022 888-889-8899 DellutriLawGroup.com
A Statewide Law Firm
Many of our clients never come into the office. We use technology to handle their cases virtually all across Florida.
Growing Together with You
HOW I’VE ADAPTED TO BETTER SERVE OUR CLIENTS You Can Teach an Old Dog New Tricks
A few months ago, our New Client Concierge answered a panicked call from one of our estate planning clients. The client was sobbing into the phone and clearly scared out of her mind. It took a couple of minutes to piece together what had happened. On the way home from work, our client had been rear-ended by a drunk driver. She couldn’t reach her husband and had no idea what to do. She’d called us hoping to speak to someone — anyone! — who could help.
COVID-19 taught my team and I many lessons, and one of the big ones was that we need to constantly invest in the latest and best technology to serve our clients. Think about it: If we hadn’t been able to send that contract to our client’s cell phone, she might have spent hours in distress. Thanks to technology, we could give her the peace of mind she so badly needed. These upgrades have changed our firm. The foot traffic in our office has gone down dramatically in the last two years, and honestly that bothers me a little bit. I miss the hustle and bustle at the front desk, but I know that our clients’ lives are busy. They have better things to do than hang out with me at the office, even though I make a mean cup of coffee. The foot traffic has gone down, but I’m proud to say that our level of service has increased just as dramatically. Now, we no longer have to inconvenience our clients by asking them to come to our office to sign documents or hear our explanations in person. We’ve mastered Zoom calls and electronic document signings, and we’re doing far more of them than we could have anticipated two years ago. These changes have made a significant difference in our clients’ lives — at least, that’s what they tell me! For our personal injury clients, going to the doctor’s office is inconvenient enough. If we can work around their busy schedules and accommodate their desired type of communication, that takes one thing off their plates. It’s funny to think about now, but I didn’t always embrace technology. When websites were new, I was actually reluctant to build one! I didn’t want people to visit our site and just see words on a page, because that wasn’t who we were at all. When people came into our office, we greeted them face-to-face and they got a feel for how The Dellutri Law Group operates. They experienced “The Dellutri Difference.” But words on a web page couldn’t convey the same message as a warm and welcoming smile. They couldn’t compare to a handshake or a hug. So, I resisted.
Simply hearing a familiar voice calmed her down. “I don’t know where to start,” she said. “Can you handle my car accident case?”
Not only did we say yes, we offered to send the contract directly to her cell phone so that she could sign it from the side of the road. She hired us on the spot without paying a penny. In a matter of minutes, this client went from a state of panic and fear — wondering what to do next and worrying about her injuries, missing work, paying for property damage, etc. — to a state of peace. Later, she told us she was overwhelmed with gratitude for how quickly we took over handling the details of her auto accident injury claim. With our team of professionals on her side, she could relax and focus on getting to the emergency room and healing from her injuries.
“In a matter of minutes, this client went from a state of panic and fear — wondering what to do next and worrying about her injuries, missing work, paying for property damage, etc. — to a state of peace.”
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Understanding Living Will Requirements
Basic Steps to Make a Living Will Here’s what to do when making a living will for your estate plan: 1. Consider your health care preferences: As mentioned, a living will focuses on pre-deciding your health care preferences so people know what to do when you can’t instruct them for one reason or another. A good starting point for your living will, then, is to think about those health care decisions. Key decisions will involve what to do in a medical emergency and your palliative care. This might be uncomfortable to think about, but you will be glad you got it out of the way so your family doesn’t have to guess what you’d want. 2. Create a medical power of attorney: We suggest you also create a medical power of attorney alongside your living will. Your medical POA can assign someone as your “health care agent,” who can make medical decisions for you that were not covered in your living will. Realistically, you’ll never be able to predict 100% of all possible medical scenarios in a living will, so having an agent as backup is helpful.
3. Collect the forms: You need the right forms to create a living will, which are unique to your home state. You might be able to get the forms from an online resource, but it is not recommended. The safest way to make a usable living will that won’t encounter legal issues is to let an estate planning lawyer assist you from start to finish. 4. Complete and notarize: With the guidance of your estate planning attorney, you can fill out the right estate planning forms without leaving accidental gaps or making any errors. When it is done, you have to sign it and have it notarized. You will probably need at least two other people there during the notarization, which could include your attorney and the notary. 5. Secure the final living will: Time to lock up your living will and any copies you have of it. Many people secure their living wills in their safety deposit boxes while keeping a copy with their attorney. If your living will ever needs to be updated, then your attorney will be ready to review it without any complications of tracking it down.
Your estate plan will probably include several pieces or tools before it is complete. While you are working on yours, it is important not to overlook the usefulness of a living will, which is a little different from the “last will and testament” you might already know about.
The main purpose of a living will is to allow you to describe how you would like your health care treatments to look when you can’t make those decisions for yourself due to incapacitation. You can pre-decide what treatments you want, where you would like to live if you can’t stay at home, which medications you would like to avoid, and so forth. For anyone making an estate plan, a living will is bound to be an important part of it, which means you should know how to make one.
Testimonial Our Clients Say It Best
“I 100% recommend DLG to anyone looking for great legal help. Amanda Downing represented me during my auto accident personal injury case, and she was the best. With her personality, knowledge, and pit-bull tenacity in dealing with my insurance company, I was certainly in good hands with her. I can’t speak highly enough of her representation other than to say she made me whole: Recommended top-notch medical care with her network to help me recover physically, and provided consistent and DIRECT communication. She’s fantastic. She helped me focus on getting healthy again without having to deal with the extensive paperwork. “David Fineman helped with representation for a citation I was given in my crash that was decided in my favor. He knew the laws in and out and made this go away. Casey
Byrus helped set the portal for easily uploading expenses and documents. Kathy Michie was so supportive and helpful with scheduling everything. “It was a total team effort. DLG really is legit and cares deeply for their clients, and it comes from the top: On the day of settlement, I was in the parking lot early, and Mr. Dellutri walked out of the front door with a very large printer that was being thrown away. He handled it easily enough, even with its size. I asked if he didn’t have anyone else to help with that, and he said something like, ‘Anything you’d ask others to do, you’d better be able to do yourself.’ A true leader leading a true team. They’ll help you out, you’ll be well cared for, so give them a call.” –T.T. GOOGLE REVIEW — SEPTEMBER 2022
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SMALL-BUSINESS SPOTLIGHT Timely Advice From Crimson Estate Services
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Insurance Claims: So, you know there has been some damage from the storm, you’re okay with it, and ready to make a purchase. Buyer beware, yet again. Ethically speaking, if someone has been paid by their insurance company to replace something, contractors should NOT be selling salvaged items to make a quick buck. Auction houses will not take items that have already been paid for by insurance claims. If the items are truly salvageable, they should be donating them to local organizations that help people.
Rick Smith with Crimson Estate Services has been a friend of Dellutri Law Group for many years. Recently, we were talking with him about how his market has changed in light of Hurricane Ian and all the damage caused to individuals. While Crimson Estate Services hosts live and online auctions for people, often those who are looking to downsize, he had some great insight if you are thinking about buying something from an individual in SWFL right now. First, licensed auctioneer companies are heavily regulated. They must be licensed auctioneers, bonded, have certifications and schooling, and need to be licensed as secondhand dealers. So, if you are planning to purchase from an estate sale, make sure the company hosting it is legit. If so, you have very little to worry about.
Next, if you are purchasing used items without a company, there are some things you really need to look out for, post-Ian: • Hurricane Damage: Obviously, if you’re purchasing anything that may have come from a flood zone, you need to make sure there is no water damage. Saltwater from the surge is enough to wreak havoc on the smallest of electronics to the largest of vehicles. Even minor water damage can have HUGE consequences.
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Stolen Property: This is a big concern for auction houses right now and they are doing everything they can to make sure this does not happen. You’ve likely heard all the horror stories of looters being busted. What you haven’t seen, is all the people who managed to do it and got away with it. Pay attention to red flags. If it feels too good to be true, it just might be accurate.
To learn more about Rick Smith and Crimson Estate Services, please contact him at 941-380-7688.
A referral is the greatest gift we can receive from a client or fellow business! Last month we had ... • 43 referrals from friends, family, or previous clients • 24 returning clients for a new matter • 11 referrals from other attorneys • 8 referrals from doctors and other professionals • We sent out 105 referrals to our trusted referral partners. A Huge Thank-You to Our Referral Partners!
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Of course, eventually I came around. I realized our website could be a resource for people who need information, and it has grown into a massive asset for our clients. Now, we put just as much energy into that website as we do any other form of advertising or marketing. Likewise, when clients first asked if we could text them, I was against it. But today our team sends more text messages than we do emails! We’ll embrace any technology that helps us help our clients. If we didn’t, we never would have been able to provide that client in the car accident with peace of mind at one of the worst moments of her life. Reflecting on all of this reminds me of the saying, “You can’t teach an old dog new tricks.” That may have been true at one time, but it’s no longer true today! This old dog is ready, willing, and able to learn all of the new tricks he can to better serve our clients. We have learned with all this new tech if you or someone you love calls us from an accident scene, our team springs into action as fast as a text can travel.
“Faith is being sure of what we hope for and certain of what we do not see.” HEBREWS 11:1
–Carmen Dellutri
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Inside This Issue
1 Carmen Goes High-Tech — For Good Reason! 2 Basic Steps for Creating a Living Will 2 Testimonial 3 Spotlight on Crimson Estate Services 4 Follow Us on Social Media!
In our opinion, there are 100,000-plus reasons to follow us on social media, but here are Carmen’s top five:
1. You will hit your ideal weight, look better, and become more attractive. It’s that simple. We don’t know how this happens; it just does. So, follow us on all our social media platforms to jump-start this process. 2. You will never be at a loss for conversation topics when you are at a networking event, even with a room full of boring people. 3. You instantly become a member of the “Cool Kids Club.” We will send you a membership card if you want one. 4. You will become wealthier. It takes a little bit of time, but following us on social media will give you a wealth of knowledge, thus wealthier. 5. You will get a share of the bragging rights. I ran my mouth at the office and bragged that I can get 100,000 followers by the end of 2023. There were a few naysayers who just laughed and said I couldn’t do it. Honestly, I had no idea how much work that would take, and it was a pretty crazy thing to do, but I’m always up for a challenge. Just seeing the doubters motivated me to prove them wrong. So, if I don’t get to the goal, I have to eat humble pie all alone. However, if I do reach the goal, I will video the naysayers eating humble pie. If you follow me, I will share that video with you, and we can laugh together. So, please help me out, follow me, and together let’s crush the naysayers who said I couldn’t do it.
Five Excellent Reasons to Follow Us on Social Media in 2023
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DEFECTIVE WILL SIGNINGS DISCOVERED AFTER DEATH OF TESTATOR
Abraham Lincoln said: “He who represents himself has a fool for a client.” When it comes to estate planning, more often than not, the foolishness of self-representation in the preparation of estate planning documents is not discovered until AFTER the self-represented person has died and can no longer fix his errors. The unfortunate result is that the decedent’s true intentions may not be carried out because he did not know the legal requirements necessary to effectuate his wishes. The most common error in the area of estate planning in Florida is someone personally writing their last will and testament with no one witnessing their signature. This is called a holographic will, and under Florida law, it is not enforceable, as every will in Florida must be in writing and signed in front of two witnesses. (See F.S. §732.502). Therefore, if you were to just handwrite your will with no witnesses acknowledging your signature, that will is a nullity, and your assets would pass according to the Florida Intestate Statute. This can result in a very different outcome than you may have desired. For example, let’s say you have three children, but one has not been a part of your life for a very long time, while the other two have been loving and supporting. As a result, you wish to leave everything to the two children whom you have a relationship with and disinherit the estranged child. Unfortunately, if your only will is a holographic will, upon your death, your assets would pass according to the intestate statute, which would leave all your assets equally to your three children, despite your stated intentions. At a minimum, a will must be executed in front of two witnesses to be valid. However, the best course of action is to have your will executed in front of two witnesses and a notary public, where the notary acknowledges your signature as well as the witnesses’ signatures. In this circumstance, your will is considered a “self-proving” will, and there is no need to track down the witnesses to supply
an affidavit that they witnessed your signing of the will to have it submitted to probate.
If a will is not self-proving, that leads to another common challenge in getting it submitted to probate: finding the witnesses. In order to have a will submitted without notary acknowledgment, you need to submit an affidavit of at least one of the signing witnesses. If the will was signed more than 20 years ago, good luck finding the witnesses, assuming you can read their signatures if their names weren’t printed beneath (which is often the case). However, all is not lost. The Florida probate laws provide in the relevant part: “If it appears to the court that the attesting witnesses cannot be found or that they have become incapacitated after the execution of the will or their testimony cannot be obtained within a reasonable time, a will may be admitted to probate upon the oath of the personal representative nominated by the will …” (See F.S. §733.201). Of course, if the personal representative was involved in the creation of the will, and there are unhappy siblings left empty-handed, you can bet on a contested will. Also, the personal representative must attest to the signature before a judge or the clerk of court, so out-of-state reps will need to travel to Florida for the attestation. The foregoing examples are only two of the ways that ignorance of the law can have a detrimental effect on carrying out your intentions. Whether it’s a leaking pipe, medical issue, or estate planning, the best course of action is always to use a professional who works daily in those areas. When it comes to estate planning, you don’t want an incorrect signing of your will to defeat the transfer of your hard-earned assets to the people or charities you intended to benefit from your life’s work. –Mark Martella, Esq.
COALITION CORNER
NEEDS ARE GREATER THAN EVER AFTER IAN
Hurricane Ian impacted practically everyone in the southwest Florida community. Homes, cars, and jobs were lost unexpectedly. Many in our community had no insurance to cover damage to their homes. As a result, the need for donations at the Homeless Coalition is greater than ever. From nonperishable food staples to gently used clothing, the need has been expanded greatly by Ian. For more information on donating or volunteering, please visit the Coalition’s website at CCHomelessCoalition.org/get-involved. While natural disasters and the holidays bring attention to the immediate needs of those struggling in our community, I will share some ways you can help in the future through a concept known as “planned giving.” This is where you plan a future gift to a charitable organization that you support and feel passionate about that can lead to great benefits even when you are gone. Here are some examples: 1. Life Insurance — For a modest, upfront, lump sum premium, you could leave a lasting legacy of $100,000 or more to your favorite charity by naming that charity as the beneficiary of your policy. Talk to a life insurance agent about the many options available to turn a small gift into a meaningful benefit down the road. 2. Transfer on Death (TOD) — Whether it’s a CD, investment account, IRA, or other investment vehicle, you can designate a charity as the recipient of those funds, and it avoids the probate process upon your death by designating the charity as the TOD beneficiary of the account. 3. Required Minimum Distributions (RMD) — Once you reach the age of 72, you will be forced to withdraw from your traditional individual retirement accounts (IRA) set up while you were working. Since those monies were not taxed when you deposited them into your account,
Uncle Sam will have his hand out to collect the taxes owed. One way to reap the greatest benefits if you wish to support a favorite charity is to have the RMD go directly to that charity so that you will get the charitable deduction and avoid tax liability for those funds. Under the IRS’s 2021 rules, you can donate up to $100,000 tax-free from your qualifying IRA. 4. Donation of Securities — While the markets have been down this year, they will eventually bounce back. Donating appreciated securities is another way to get the most out of that appreciated investment and avoid hefty capital gains taxes, and it allows your favorite charity to reap the benefits of your wise investment strategies. 5. Specific Bequest in your Will or Trust — We are always concerned about having the funds to care for ourselves while alive. There is a simple way to ensure you have the necessary funds to live and still contribute financially to a favorite charity once you are gone. Leave the organization a specific gift in your last will and testament or your trust that they will receive only upon your death. This provides available funds while you are alive, then passes to the charity upon your death. You can give a specific dollar amount or a percentage of your estate or trust assets. Also, you can leave real estate, cars, boats, collectibles, stocks and bonds, and other assets. The preceding are some examples of how you can significantly impact your favorite charity that most people never think of while also reaping possible financial benefits. I encourage you to talk to your investment advisor and estate planner about opportunities to help your favorite charities while you are alive and to create a legacy when you are gone. –Mark Martella, Esq.
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