Volume 7 Issue 13_Sun Bay Paper

Dear Doctor: Just how much of a role do personality traits have in determining how long someone will live? Recent news reports have suggested that they're important, but the explanation didn't really make that much sense to me. Dear Reader: The idea that the way we view or interact with the world around us can affect our health is an intriguing one, and several studies have taken on the topic over the years. Since we're not sure which of these you're referring to, we'll look at a couple of the most recent ones. Researchers in Italy who studied a group of 29 elderly men and women aged between 90 and 101 said their findings suggest that mental outlook plays a significant role in wellbeing. This is a departure from other approaches to the topic of longevity, which have focused on genetics. Despite the typical health issues you would expect to see among individuals of this advanced age, the subjects of the study were found to have more self-confidence than their younger relatives, who were also included in the study. Using questionnaires and interviews, the researchers concluded that the elderly group, who had more positive feelings about their lives than their younger relatives did, exerted greater control over their lives and surroundings. They achieved this by being stubborn and domineering, personality traits that the researchers tied to their longevity. They also had strong ties to family, to their homes and land, and to their spiritual practices. Thanks to this blend of resilience and optimism, the group of elders appeared to have struck a balance that helped them weather the many challenges they faced over the decades. And while lifestyle factors like diet and exercise were not the focus of this particular study, the researchers agreed that they are also quite likely to play a role. Another study, this one based in England, analyzed the health and lifestyle data of 500,000 individuals ranging in age from 37 to 73. The researchers wondered whether being neurotic would have an effect on the length of an individual's lifespan. When they looked at the broad category of neurosis, they found a "weak correlation" between being neurotic and a shorter lifespan. However, when they separated the data into subcategories, they got a surprise. It turned out that neurotic individuals who self-reported their health as either fair or poor actually had longer lifespans. Neurotic individuals who said they were in good or excellent health didn't get the same boost to longevity. In this study, the conclusion was not that the neuroses themselves extended an individual's life. Instead, the personality traits associated with being neurotic led people to be more aware of their aches and pains, and to be more aggressive in seeking medical care. With more frequent assessments and screenings, serious conditions such as cancer or cardiovascular disease would be caught earlier and would thus be more responsive to treatment. For those of us who are neither neurotic nor 90year-olds living in rural Italy, there are still useful takeaways from the studies: Have regular medical checkups, be vigilant about basic screenings, and strive for a positive outlook even in trying times. Eve Glazier, M.D. and Elizabeth Ko, M.D As a general principle, you are free to distribute your property as you see fit via a will or trust. But in Florida law, there is a critical exception for “homestead” property, i.e., your primary residence. Article X of the Florida Constitution provides special protections and restrictions on homestead property. The protections include an exemption from any forced sale to pay off your creditors. In other words, even after you die, your creditors cannot force your family to sell your homestead to pay off a debt. This ensures your family will not be kicked out of their home. But this brings us to the special restrictions on homesteads. Article X also states that a homestead “is not subject to devise,” except as provided by law, if the owner is survived by a spouse or minor child. In plain English, your ability to transfer your homestead property upon death is limited as follows: ● If you are married without children, you can only leave the homestead to your spouse. ● If you have children, you can only leave the homestead to your children, but your spouse retains a “life estate” in the property, meaning he or she can continue to live in the house as long as they pay the bills. ● During your lifetime, you cannot mortgage, sell, or give the homestead to anyone other than your spouse without their consent, even if your spouse is not a coowner of the property. Electing to Take One-Half of the Property Instead of a Life Estate A separate law, Section 732.401 of the Florida Statutes, further explains that the surviving spouse may opt-out of the life estate and elect to simply take a “one-half interest in the homestead as a tenant in common.” The remaining half then goes to the deceased owner's children or other descendants. Why would a surviving spouse elect to do this? A common reason is that the widow or widower may simply not be in a position to carry the property financially. A life estate basically requires the surviving spouse to pay all of the costs to maintain the property for the benefit of the children. By electing to take a onehalf interest instead, that effectively cuts the surviving spouse's financial obligation in half. But it is important to note there is a six-month deadline for making this election, starting from the date of the homestead owner's death. A Florida appeals court recently issued a decision, Samad v. Pla, on this point. In this case, a widow sought an extension of time to file her election. While such extensions are permitted, the petition seeking an extension must still be filed within the six-month window. Here, the widow failed to do this–she waited until about eight months after her husband's death–so the court ruled the petition was filed too late. As you can see, Florida's rules governing homestead property are somewhat complicated. A qualified Fort Myers estate planning attorney can answer any questions you might have regarding what happens to your home after your death. Contact the Kuhn Law Firm, P.A., at 239-333-4529 today to schedule a free consultation with a member of our estate planning team. Rules Pertaining to Bequeathing Your Homesteaded House in Florida ASK THE DOCTORS Studies Offer Insights Into How Personality Traits Affect Aging Sun Bay Paper Available Do you like this News Paper? Interested in having your own Franchise in your hometown or in taking over this one? 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