Sheppard Law Firm - August 2024

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FINDING BALANCE AS SUMMER WANES Preparation for the Approaching School Year

As summer draws to a close and a new school year on the horizon, families are preparing to dive back into the routine of homework, tests, and rigid schedules after a period of relaxation. With kids returning to school, parents will have less daily chaos to wrangle — which makes back-to-school season and this month’s National Day of Relaxation an apt combination. Having kids back in school

Our firm is very family-friendly, and we have enjoyed watching our staff’s children grow up over the years. Craig is now an empty nester with all his daughters grown. He often reminisces about their school days while some of our younger team members with elementary school-aged kids are fastening their seatbelts and getting ready for the new school year.

and following a predictable routine can bring a sense of calm to parents who have spent their summer running around keeping their kids entertained. Even 9-year-olds appreciate the importance of relaxation: Sean Moeller of Michigan proposed National Relaxation Day in 1985 in an interview with The Des Moines Register. He suggested that “people shouldn’t do anything of real value. Cleaning and work are not part of relaxation.” He was in fourth grade at the time and apparently felt the pressure of the season. Trust me, I remember the days of the back-to-school rat race myself.

As the cooler summer days approach, we look forward to seeing our seasonal clients again, who are still enjoying their mild weather compared to the

heat of Fort Myers. Even though traffic is lighter and restaurants less crowded in the summer, we are happy to see the snowbirds start returning in October, with most arriving by November.

August brings a blend of nostalgia, preparation, and a quieter pace

before the school year fully begins. Our firm thrives on these seasonal changes, whether preparing for the academic challenges ahead or savoring the last days of a quieter summer. We know both play essential roles in our lives. From the grandparents watching and encouraging their

While I have been out of school for a while, conversations with our retired clients often revolve around their grandchildren returning to school. For many of our clients, it is a time to reflect on their experience and the routines of the school season. I have two kids in college and two in high school, so I understand the anticipation and relief accompanying the start of a new school year.

grandchildren in the new school year to the young families with their own children beginning their educational journeys, the Sheppard Law firm celebrates and supports every phase of your life. Each is equally important as the one that came before it.

–Michael Hill

1 (239) 265-9779

AUGUST 2024

BROOMS AND BRAWN Everyone knows about the major sports thousands of athletes play across the country: football, basketball, baseball, soccer, lacrosse, and Quidditch. Well, the last one may not be nearly as prominent as the others listed, but it is gaining momentum like a witch on a broomstick. Here is the history of this unorthodox sport and how to play it in real life! With one hand on the broom and the other used to fight for and throw the ball, players engage in a quirky but surprisingly physical team sport. Two teams compete on a field about half the size of an American football field, with each team protecting their three goalposts The Reality of Real-Life Quidditch

Harry Potter’s Favorite Sport Quidditch originated as a fictional sport conjured up by author J.K. Rowling in her bestselling “Harry Potter” series. In the books, Quidditch is a team sport played by two teams of seven wizards and witches flying on broomsticks, competing to get a ball called a Quaffle through one of three of their opposing team’s goalposts. These days, the fictional sport has been adapted to the limitations of “muggles,” and teams across the country now play it. Witches, Wizards, and College Students Students at Middlebury College in Vermont first played Quidditch in 2005. They decided to adapt the sport from the book so they could play it themselves. Men and women put brooms between their legs, just like in the book, but the broom is a hindrance instead of a help.

while looking to score goals against their opponents. Each goal is worth 10 points, and catching the Snitch, which is a tennis ball wrapped up in a sock, is worth 30. The winning team is the one to score more points after they catch the Snitch. The intramural sport quickly took off

in popularity and now features competitions between college teams across the country. It’s a fun, physical coed sport that is turning Potterheads into athletes.

h y E s t a t e P l a n n i

Several times a year, I receive a phone call that begins with “Hello, my friend recommended you, and I need your help.” What follows

Procrastination compounds these challenges. Facing mortality or health decline is daunting but inevitable. Proper estate planning ensures wishes are honored and loved ones are provided for. Still, delay jeopardizes these goals — rushed decisions from

are urgent requests concerning estate planning. The caller’s father often requires a will, durable power of attorney, and a health care surrogate but has not addressed these needs. Some have outdated documents that are now deemed irrelevant. I inquire about scheduling an estate review but too frequently hear, “Dad’s in the intensive care unit at the health park. He suffered a massive heart attack, and time is uncertain.” This prompts questions about his legal capacity, complicated when medications affect his cognition of health events and impair decision- making. It’s heartbreaking, and legally precarious decisions made in crisis may lack legal validity or be contested for undue influence. Estate planning requires mental clarity to comprehend asset distribution and avoid disputes. Hospital settings, fraught with emotional stress, are ill-suited for deliberations.

a hospital increase costs and legal risks, potentially impacting the validity of documents. Every estate plan must be tailored, considering assets,

beneficiaries, tax implications, and appointees like trustees and health care surrogates. A well- considered plan offers peace of mind and avoids last-minute scrambles in crises. Though contemplating our health decline

or mortality is uncomfortable, these inevitable realities will affect us all.

Handling these complexities under duress is nightmarish for families and jeopardizes legal matters. Take your time; start your estate planning now to safeguard your legacy and protect your loved ones.

–Craig Hersch

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SECURING YOUR LEGACY Florida’s Estate Planning Essentials

Estate planning is a critical yet often overlooked aspect of securing your family’s financial future. In the Sunshine State, Floridians need to be aware of the essential elements for crafting a bulletproof estate plan. Whether you’re just starting to think about your legacy or looking to refine an existing plan, here are four nuances of estate planning in the Sunshine State. Crafting a Bulletproof Will A valid will in Florida is the foundation of any estate plan and must meet stringent requirements. Not only must it be in writing and signed by the testator (the person making the will), but it must also be witnessed by at least two individuals who must sign the document in the presence of the testator and each other. This meticulous witnessing protocol ensures the will’s legal enforceability and prevents potential disputes among heirs. Safeguarding the Surviving Spouse Florida’s elective share law provides a powerful safeguard for surviving spouses, granting them the right to claim up to 30% of the deceased spouse’s estate, regardless of the will’s provisions. This legislation ensures a spouse cannot be disinherited entirely, protecting the survivor’s financial interests and providing peace of mind for all involved.

Managing Homestead Property Benefits As a cornerstone of the Floridian lifestyle, homestead property comes with its own set of unique rules and benefits. Not only do these laws shield your primary residence from creditors’ claims, but they also offer significant tax advantages. However, transferring homestead property requires careful planning to avoid unintended legal complications, especially when minor children are involved. Maximizing Inheritance With Community Property Trusts The recently enacted community property trust laws present an exciting opportunity for those with substantial investment portfolios or depreciating commercial real estate. These innovative trusts enable a complete step-up in tax cost basis upon the first spouse’s passing, potentially eliminating capital gains and maximizing the inheritance for your loved ones. As you navigate the complexities of estate planning in Florida, the guidance of experienced professionals can be invaluable. At The Sheppard Law Firm, our team of estate planning experts is well- versed in the intricacies of the state’s unique laws, ready to help you make informed decisions that align with your values and aspirations. Contact us today to learn more about how we can assist you in securing your legacy.

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TAKE A BREAK!

INGREDIENTS

• • • •

1 cup uncooked sushi rice

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1 tsp salt

1 1/2 cups water 2 tbsp rice vinegar

2 sheets of nori

1/2 a cucumber, sliced lengthwise into thin strips

1 tbsp sugar

DIRECTIONS 1. To make sushi rice, combine rice with water in a small saucepot. Add vinegar, sugar, and salt. Bring to a boil, cover, reduce heat, and simmer for 15–20 minutes until water is absorbed. Let cool. 2. Lay a piece of nori on a flat surface. Spread half of the sushi rice evenly over the nori, leaving a 1/2-inch border on one end. 3. Place half the cucumber strips along the other end of the nori. 4. Using your fingers, moisten the 1/2-inch border of the nori with water. 5. Gently roll up the nori, starting from the end with the cucumbers. Then press to seal. Repeat with a second sheet of nori and remaining cucumber. 6. Slice with a serrated knife into 1-inch sections and serve.

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(239) 265-9779

9100 College Pointe Court Fort Myers, FL 33919 (239) 265-9779

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INSIDE this issue

SUDOKU ANSWER

Enjoying the Last Summer Days and School Prep PAGE 1 How Quidditch Became a Real Sport PAGE 2 The Urgency of Estate Planning in Uncertain Times PAGE 2 Bulletproof Estate Planning for Floridians PAGE 3 Tasty Cucumber Sushi Rolls PAGE 3 The Role of a Growth Mindset in Overcoming Challenges PAGE 4

The best compliments we receive are your referrals. When you refer us to your loved ones, we do all we can to exceed expectations.

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s y c h

While there are no treadmills for the mind or ellipticals for our neurons, science tells us that mental exercise can help us obtain a growth mindset. The American Psychological Association defines a growth mindset as “the belief that a person’s intelligence and abilities can grow and improve with practice.” A growth mindset is the antithesis of a “fixed mindset,” which people exhibit when they quickly give up if they can’t solve a problem. Nurturing a growth mindset, in contrast, can help you view failure or setbacks as opportunities for learning. More Than Effort Having a growth mindset is about more than just effort. It is the belief that you can develop your abilities and talents, as well as a perspective on how you approach life’s lessons and learning. That belief allows you to learn more quickly and achieve greater results, no matter what you aim to achieve. This does not mean simply having an open mind; it also means finding a way to continue striving to improve your knowledge, attitude, and performance. Some call it having “grit.” Cultivating Success With a growth mindset, success plays second fiddle to self-improvement. Celebrating the effort we put into each task motivates and encourages us to work harder and accomplish more in the future. Rather than focusing on the destination, the focus is on the journey. A growth mindset is a great way to become more positive, successful, and adaptable. By incorporating more facets of a growth mindset into your life, you will be well on your way to changing things for the better.

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