Page 21 - The Jewish Voice - November '24

The Jewish Voice, Page 21

Lifestyles from page 20 Won’t My Spouse and Kids this through a homestead trust, but you must own the home
Inherit Everything When I Die? outright to use this vehicle of ownership. If not, the guardianship
Q: What is ovarian cancer? owns the home unless the court approves the sale of the home,
A: Ovarian cancer is a malignant tumor that develops in a Part 2 of 2 but there must be compelling circumstances for approval.
woman’s ovaries. It is the sixth leading cause of cancer death What if you and your spouse are separated? State law
among women. By Anné Desormier- decides what happens to your money and property if you are
Cartwright, Esq. separated from your spouse when you die. In some states, the
Q: What causes ovarian cancer? You may think that if you court ignores your separation and still considers you legally
A: The cause is not yet known; however, risk factors include: die while you are married, married. If the state intestacy law (which, again, applies if you
• A family history of ovarian cancer everything you own will die without a valid will) grants spouses a share of your property
• Being over the age of 50 (risk factors increases as you age) automatically go to your spouse at your death, as most do, then your estranged spouse may be
• Carrying the BRCA gene mutation, which increases a and children. Last month entitled to all or a portion of it when you die.
woman’s risk of developing breast and ovarian cancers we talked about traditional Also, some state laws or court orders prohibit you from
families and blended families. disinheriting your spouse after you file for divorce but before it is
Q: What are the symptoms? What really happens finalized unless you have a prenuptial or postnuptial agreement.
A: In its initial stages, ovarian cancer has few symptoms. at death with transferring Without one of these agreements, you can try to omit your spouse
The first sign is usually an enlarged ovary. However, since the your assets? Another issue from your will or your trust, but state law may kick in to require
ovaries are located deep within the pelvic cavity, swelling may with relying on state law is that none of the transfers to your that a surviving spouse (who, again, is treated as being legally
go unnoticed until the cancer becomes more advanced. loved ones happen automatically. Your family typically must married to you) be given a share of what you own.
Symptoms of more advanced ovarian cancer include: open a probate estate with the court and go through the process If you are separated from your spouse and your divorce is
• Swollen abdomen specified in state law before your property can transfer out of pending, talk with your divorce lawyer and an estate planning
• Early satiety (feeling full when eating small amounts) your name and into theirs. This process can be long and costly. attorney about your options.
• Lower abdominal and pelvic pain It is also public. Many people would prefer that an inventory of The best way to safeguard and pass along what you have
• Sudden weight loss or gain their property and the details of their family life be kept out of worked so hard to build is to talk to a qualified estate planning
• Change in bowel or bladder function, typically increased the public eye. Perhaps the best way to keep your matters private attorney. Protect yourself, your family, and your money and
frequency of urination is by creating and funding a revocable living trust while you are property by contacting us today.
alive and have the legal capacity to do so. If you have questions about your estate plan and what
Q: What are the treatment options for ovarian cancer? Families with minor children. If both parents of minor- documents you should have in place to plan your estate, schedule
A: The best chance for a cure requires surgery by an ovarian aged children die without an estate plan, then the children are a free consultation today by calling our office at 561-694-7827,
cancer specialist to remove all visible areas of cancer. Surgery left without a legal guardian. Kids do not automatically go to a Anné Desormier-Cartwright, Esq., Elder and Estate Planning
is typically followed by chemotherapy under the direction of a godparent or grandparent, even if that is what everyone knew Attorneys PA, 480 Maplewood Drive, Suite 3, Jupiter, FL 33458.
medical oncologist or gynecologic oncologist who has experience the parents had intended. Instead, a court will appoint someone The content of this article is general and should not be relied
in prescribing state-of-the-art chemotherapy treatments. to be the children’s guardian. In such situations, the judge seeks upon without review of your specific circumstances by competent
The experts at Cleveland Clinic in Florida tailor treatment to to act in the children’s best interests and gathers information on legal counsel. Reliance on the information herein is at your
their patients’ needs based on several factors, such as the type the parents, the children, and the family circumstances. But the own risk, as it expresses no opinion by the firm on your specific
of cancer, age of the individual, degree to which the cancer has decision is up to the court; the judge, following the priority listed circumstances or legal needs. An attorney client relationship is
spread, and patient’s general health. Minimally invasive and in the state’s law, may not choose the person that you, as their not created through the information provided herein.
robotic-assisted laparoscopic surgical options are also available parent, would have chosen. If you had created a valid will during To comply with the U.S. Treasury regulations, we must
when appropriate. In select cases, hyperthermic intraperitoneal your lifetime, you would have been able to communicate with inform you that (i) any U.S. federal tax advice contained in this
chemotherapy (HIPEC), also known as hot chemotherapy, is the judge whom you would have liked to appoint as guardian. newsletter was not intended or written to be used, and cannot
available during surgery. You can also name a preneed guardian in preparation for the be used, by any person for the purpose of avoiding U.S. federal
death of both parents while a child is a minor. tax penalties that may be imposed on such person and (ii) each
To schedule an appointment with Dr. Joel Cardenas or More importantly, when the parents own a home, the minor taxpayer should seek advice from their tax advisor based on the
another gynecologic oncologist at Cleveland Clinic in Florida, children cannot hold legal title to anything. That means the taxpayer’s particular circumstances.
call 877.463.2010 or visit ClevelandClinicFlorida.org/Cancer home is held in the name of the guardianship until the youngest
to learn more about cancer services. biological child turns 18 years of age. There are ways to avoid Lifestyles on page 22