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Jupiter West, Page 7
Do Students With Disabilities Attend College?

By Jim Forgan, Ph.D., right college. They specialize in supporting families through the participate in college activities, clubs and organizations as
Licensed School Psychologist entire process from identifying colleges for their unique needs, they take college courses to earn certificates. Students have
The high school to college applying, essay writing and ensuring that accommodations are a college experience while gaining skills for independence
transition is a milestone step in available. Class 101 college planners even guide families on and employment.
a teen’s life and independent available scholarships for making college more affordable. Of course, college is not the right fit for everyone and there
living. With hard work students While many college students live on campus, some live in off- are plenty of well-paying jobs that don’t require a degree.
with learning disabilities, mild campus housing with support. The organization called College Mike Rowe is a television personality and host of Dirty Jobs.
autism, ADHD, and other Living Experience.com provides off-campus housing along with He is a huge advocate of the trades and has resources on his
disabilities attend and graduate coaching or mentoring to students with disabilities. They help website or podcast.
from college. In addition to facilitate the transition to college by providing tutoring, executive We know students with disabilities who are successful in
your student’s hard work, functioning skills coaching and socialization for students. college and life because of caring parents, family and mentors.
planning for college is an Students with developmental disabilities or intellectual Reach out if we can help you as we test students from preschool
important factor to set your student up for success. Expert college disabilities also attend college. Florida Atlantic University through graduate school. If you need updated testing or are
planners such as those at Class 101 North Palm Beach help all offers the Academy for Community Inclusion on the Jupiter concerned about a potential learning disability, autism or
high school students, including those with disabilities, identify the and Boca Raton campuses. This program allows students to ADHD, visit JimForgan.com or call (561) 625-4125.
Collecting Debts On Behalf Of Your Deceased Loved One

Submitted by Anné generally a family member, can petition the court to name What Happens After The Debt Is Discovered?
Desormier-Cartwright, Esq. them as the personal representative of the estate to administer The PR or trustee who discovers that a debt was owed
People often engage in the estate. Once appointed, the administrator of the estate is to the deceased person should first ascertain if there are
transactions that result in authorized—and has a duty—to act on behalf of the estate to any amounts outstanding, that is, amounts that were due
money being owed to them, collect the debt. Similarly, if a debt was owed to a deceased at the date of death. For example, consider a situation in
such as loaning money to a person’s trust, the successor trustee has the obligation to try which Bob made a loan of $5,000 to his friend Julie, who
friend or business partner or to collect the amount owed to the trust. was obligated under the loan agreement to make monthly
renting a house to a tenant. How Can A Personal Representative Or Trustee Discover repayments of $250 on the 15th of each month until the
But what happens if someone If The Deceased Person Was Owed Money? loan was repaid in full in December 2024. If Bob passes
passes away before they If the personal representative (PR) or trustee is the away on Jan. 16, 2024, the PR would need to determine
receive the money owed to deceased person’s spouse, they may be very familiar with if Julie was current on her payments, collect any monthly
them? Can someone else the assets owned by their deceased spouse, including how payments she owed at the date of Bob’s death (including
collect these debts? If your loved one has died and you think much money their spouse was owed and who owed it, but a interest), and monitor future payments.
they were owed money at the time of their death, keep the non-spouse executor or trustee may be less knowledgeable Once the PR or trustee is aware of a debt that is owed
following information in mind. about the assets owned by the deceased person. All PRs or to the deceased person’s estate, they must provide a formal
Does The Debt Die With The Person? trustees should examine the deceased person’s important written notice to the debtor that the deceased person has
The fact that someone dies does not mean that the papers and financial records to determine if there is any passed away and the date of death, that the estate is their
outstanding debt owed to them disappears or is no longer evidence that money was owed to the deceased. Optimally, new creditor, and that future payments should be made
owed. The debt survives the death of the creditor and is there will be a written loan agreement, mortgage document, to the estate via the PR or trustee. The notice should also
then owed to the deceased creditor’s estate. In fact, a debt or other contract that provides clear evidence of both the include the PR or trustee’s name, address, and any other
that is owed to the estate is considered an asset (i.e., money existence of debt and the terms of repayment. However, information needed to facilitate payment of the debt. The
and property) of the estate. The estate is entitled to collect even if there is no formal contract, other written evidence— PR or trustee should make efforts to collect any past due
the debt as part of the probate process that culminates in the for example, an email or even a text message demonstrating amounts and to facilitate the payment of amounts that will
distribution of the deceased person’s money and property to that someone owed money to the deceased person—can be due in the future, for example, rental payments for the
the beneficiaries named in their will or to the beneficiaries be used to establish the existence and terms of the debt. remaining term of a lease agreement that extends beyond
designated by state law if the deceased person did not have Alternatively, if the deceased person had records, books, the date of death.
a will. Similarly, if the debt is owed to the deceased person’s or canceled checks showing the existence of a debt and What If The Debtor Will Not Pay The Amount Due?
trust, the trust’s right and obligation to collect the debt that someone was making regular payments to them, this Although a PR or trustee will initially attempt to collect
continues after the trustmaker’s death. documentation can be used as evidence for the PR or a debt by contacting the debtor and requesting payment
Who Can Collect The Debt? trustee to establish the existence of a debt. Although written of the amount due, if those collection efforts are not
Before anyone can act on behalf of a deceased person’s evidence is considered more reliable, the trustee or PR may successful, ask the attorney representing the PR to send a
estate, they must be appointed by the probate court. If the also rely on witnesses who heard the deceased person and demand letter to the debtor or file a lawsuit on behalf of
deceased person had a will, they probably named someone the debtor discussing a loan or other business transaction the estate to collect the amount owed. If there is no PR,
they trusted to act as their personal representative (also to establish the existence and terms of the obligation. but there is a trust, the trustee should consider hiring an
known as an executor). If the deceased person did not sign a Similarly, debtors themselves may make statements to the attorney to represent them.
will, a person who is given priority in Florida’s probate law, trustee or PR acknowledging the debt. We Can Help
If your loved one has passed away, we can help guide
you through the probate process if you are the PR of their
will or wish to be appointed as the PR of their estate.
Likewise, if you are the successor trustee, we can help
you administer your loved one’s trust.
One of the important duties of a PR is to collect, protect,
and prepare an inventory of all the assets in the deceased
person’s estate, including the debts owed to them, so they
can be distributed to the beneficiaries of the estate. Trustees
similarly have a duty to maintain records relevant to and to
collect debts owed to the deceased person’s trust. Seeking
help from an experienced estate planning attorney can help
put your mind at ease by helping ensure that you fulfill all
your duties during what is likely a stressful and emotional
time following the death of your loved one. If you would
like help, call us today to set up an appointment.
If you have questions about this or your estate plan
and what documents are necessary schedule a free
consultation today by calling our office at (561) 694-
7827, Anné Desormier-Cartwright, Esq., Elder and Estate
Planning Attorneys PA, 480 Maplewood Drive, Suite 3,
Jupiter, FL 33458.
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relied upon without review of your specific circumstances
by competent legal counsel. Reliance on the information
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