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Dane BeckerProduct Marketing Manager for EMC Document Sciences xPression, specializing in Customer Communications Management. In this era of empowered and always connected customers, organizations are faced with the reality that they need their customers more than their customers need them. Today, we are pleased to announce that EMC has again been recognized as a “Leader” in the second annual Gartner Magic Quadrant for Customer Communications Management Software. According to the report, Leaders drive transformation in the CCM market, have the highest combined scores for Ability to Execute and Completeness of Vision, are doing well, and are prepared for the future with a clear vision.
We believe this type of recognition further reinforces our position to build the most innovative and scalable CCM platform on the market for creating, personalizing, and delivering highly-effective multi-channel customer communications – a platform that enables organizations to successfully implement an enterprise communications strategy and realize the many benefits that come with it. Gartner does not endorse any vendor, product or service depicted in its research publications, and does not advise technology users to select only those vendors with the highest ratings or other designation. This entry was posted in Document Sciences, New & Noteworthy and tagged CCM, Customer Communications Management, DOCCM, document sciences, Documentum, EMC, EMC Document Sciences xPression, Gartner, Magic Quadrant, multi-channel delivery, xPression by Dane Becker.
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PRE-PROBATELocate the Will and give it to the attorney so that it can be deposited with the Clerk of Circuit Court, Probate Division.
OPENING THE ESTATEIf the Will contains a proper affidavit of the testator and witness executed in the presence of a notary public, it may be "self proved" and no additional proof is needed. ADMINISTRATIONIn the administration of an estate, the personal representative must promptly marshall the assets of the estate, that is, he or she must locate and inventory all of the decedent's assets.
CLAIMSIf all known or ascertainable creditors have been properly served with a copy of the Notice to Creditors, all claims against the decedent that existed prior to the decedent's death not filed with the Court within three months from the first publication of the Notice to Creditors are barred, except claims based on federal law. VERY SMALL ESTATES - Disposition of Personal Property Without AdministrationWhen a decedent leaves personal property that is exempt under Florida law and does not exceed the funeral expenses and reasonable and necessary medical and hospital expenses for the last sixty days, the person entitled to the property may apply informally to the court and have the court transfer the property to the person entitled to it. FEESBoth the personal representative and the attorney for the estate are entitled to reasonable fees for their services. SUMMARY ADMINISTRATIONSummary Administration is a simplified probate proceeding which may be used when the value of the entire estate in Florida does not exceed $75,000 or the decedent has been dead for more than two years. ELDER LAW AND MEDICAIDMedicaid Institutional Care Program (ICP), usually just called Medicaid, is a joint federal and state program that pays for the care of the elderly in a nursing facility. PROBATE DISPUTES The single most common situation that leads to disharmony is when a parent remarries. LINKSState of Florida's web site where they list property that's been abandoned and is waiting to be claimed by an heir.
Direct Marketing Association - "Deceased Do Not Contact Registration" Remove names of deceased individuals from commercial marketing listsIf links do not function properly, it may be due to browser incompatibility.
Today, successful organizations are transforming the way they communicate with customers— communicating with more than just paper, leveraging advanced analytics from big data to drive greater levels of personalization, and re-engineering workflows to accommodate customer preferences and multi-channel delivery requirements. The report focuses on the Customer Communications Management Software market worldwide and provides a detailed evaluation of 15 CCM solutions, including EMC Document Sciences xPression.
In the context of CCM, Leaders have strong channel partners, presence in multiple regions, consistent financial performance, broad platform support and good customer support. Gartner research publications consist of the opinions of Gartner’s research organization and should not be construed as statements of fact.


A person having possession of another's will is required to deposit it with the Clerk within ten days of learning that person has died. If the Will is not self-proving, the Will may be proved by the oath of one of the witnesses. An inventory is required to be filled within 60 days after issuance of the Letters of Administration. Review with your attorney all claims that have been filed and determine those to which objections should be filed.
The fees are not set by the Court, unless there is an objection by one of the heirs (or even an unpaid creditor) to the proposed fees. Florida expects that it will take a year to a year and a half to administer an estate, but I find five months to be a more reasonable time, including the mandatory 90 day waiting period for claims of creditors.
Please note that the value of the homestead is in addition to the $75,000 cap, so there could be a sizeable estate handled with Summary Administration. Usually it's the husband in this second marriage that dies first, and his children may be at odds with their step-mother. This property could be bank accounts, refunded utility deposits, uncashed insurance checks, and so forth.
Gartner disclaims all warranties, expressed or implied, with respect to this research, including any warranties of merchantability or fitness for a particular purpose. The witness may appear before a probate clerk and sign an oath regarding the execution of the Will. The inventory is primarily concerned with cars, stocks, bank accounts, real estate, and valuable collections of some sort or another, the inventory does not usually consist of a listing of routine furniture and furnishings.
The Florida Probate Code contains provisions that state what fees are presumed reasonable, but the Court, if asked to do so, may increase or decrease those fees.
Our firm regularly handles this type of situation, and also other types of will and trust contests, including the defense and prosecution of claims that someone was paid too much money for their services.
By implementing CCM and adopting an effective enterprise communications strategy, organizations can increase efficiencies, reduce costs, and improve customer experience. The surviving spouse or if none then the next of kin has the right to make decisions relating to burial. If the Will is not self-proving and the witness resides in another state, a commissioner (usually a notary) in the other state may be appointed by the Florida Circuit Court Judge to take the oath of a witness to the Will. The personal representative and attorney for the estate are also entitled to reimbursement for their expenses, and should keep a record of all expenses incurred.
If a hearing is not required, the proceeding can be finalized and an Order of Summary Administration entered in a relatively short period of time, perhaps one to two weeks. In the meanwhile, be very cautious about any suggestions to transfer the home, or giving away assets, or hiding information from DCF (this is illegal, and people should know that the DCF computers are tied in to the IRS and other information sources).
We also handle will and trust construction, and interpretation proceedings.Someone who wishes to challenge the validity of a Will could argue that it was improperly executed. I am a member of both the "Elder Law" section of the Florida Bar and the " Real Property, Probate, and Trust Law" Section of the Florida Bar. The office is an hour and a half west of Orlando, and an hour southeast of New Port Richey and Brookesville. Obtain ten certified copies of the death certificate, with five listing the cause of death and the other five not listing the cause of death.
Assets can be preserved without the need for actual impoverishment, and without breaking the law.


The bond is an expense of the Estate, and is designed to provide protection to creditors and beneficiaries in case the Personal Representative breaches his or her fiduciary obligation. The decedent's Will, if any, must also be filed with the Petition and, in the case of a will which is not self-proving, proved and admitted to probate.
For a single applicant, the asset limit is $2,000 ($5000 if monthly income is less than $871).
A substantial savings in Attorney fees for my clients revolves around the relatively low overhead associated with my law practice.
Undue Influence - this argument admits the testator had sufficient capacity to make a will, but challenges whether the testator made the Will freely.
Certain heavily regulated real estate investments are exempt as to the principal, but not the income generated. An undue influence petition argues that the decedent made his Will after being coerced by another person. In some cases, a "personal services contract" can be implemented, where a binding promise is made to supervise the care of the elder for the rest of his or her life, in exchange for an upfront payment. For example, a care giver or neighbor may pressure an elderly person to leave his assets to the care giver while excluding children or other relatives who have had a long history of active participation in the elder’s life. Summary Administration is appropriate when the matter is uncontested among the heirs, and when there are no significant creditor issues.
Be very cautious about transfers (gifts) to family or others (the rules are favorable for transfers to a spouse or disabled child).
For most transfers, there is a "look back" period of 60 months, which does not start to run until a Medicaid application is filed.Medicare's coverage of nursing home care is limited.
Even if items (a)-(g) are all present, the will could still be valid, so long as the Court finds that there was a legitimate reason for (a)-(g) to have occurred.Again, most cases allege all three claims, but as the case develops, the focus is usually on undue influence. Medicare covers up to 100 days of "skilled nursing care" per illness, but Medicare recipients are often discharged from a nursing home before they are ready.
In order for a nursing home stay to be covered by Medicare, you must enter a Medicare-approved "skilled nursing facility" or nursing home within 30 days of a hospital stay that lasted at least three days. 732.703, effective July 1, 2012, cancels a designation of an ex-spouse under certain circumstances. In addition, you must need "skilled care." This means a physician must order the treatment and the treatment must be provided daily by a registered nurse, physical therapist, or licensed practical nurse. This means it covers care only for people who are likely to recover from their conditions, not care for people who need ongoing help with performing everyday activities, such as bathing or dressing. If you need skilled nursing care to maintain your status (or to slow deterioration), then the care should be provided and is covered by Medicare.
In addition, if there is a potential for adverse interactions among multiple treatments it may require that a skilled nurse monitor the patient's care and status. Once you are in a facility, Medicare will cover the cost of a semi-private room, meals, skilled nursing and rehabilitative services, and medically necessary supplies. Beginning on day 21 of the nursing home stay, there is a co-payment ($157.50 a day in 2015). If you are in a nursing home and the nursing home believes that Medicare will no longer cover you, it must give you a written notice of non-coverage.



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