Blog 2017-10-09T15:59:23+00:00
1610, 2018

Second Marriage Estate Planning

Among probate lawyers, Florida is affectionately known as "probate heaven."  This is due to the large number of retirees in Florida and to Florida's complex and sometimes burdensome probate laws. [...]

410, 2018

VA Pension Rule Changes 2018

On September 18, the Veterans Administration (VA) published new rules that make it more difficult to qualify for this important benefit. For example, any gifts that you made in the [...]

2408, 2018

Revocation-On-Divorce Law Upheld By Supreme Court

The Supreme Court of the United States recently held in Sveen v. Melin that the retroactive application of a revocation-upon-divorce statute to a contract signed before the statute’s enactment does [...]

2008, 2018

Estate Planning Under The 2017 Tax Act

The 2017 Tax Act, which was signed into law in December, made dramatic changes in the estate and gift tax exemption amounts. This post focuses specifically on what is does [...]

1708, 2018

SSI Related Medicaid Programs With Full Benefits

Institutional Care Program (ICP) The institutional Care Program (ICP) helps people in nursing facilities pay for the cost of their care and other medical services. The person is determined to [...]

708, 2018

What Is A Personal Representative?

The personal representative is the person, bank or trust company appointed by the judge to be in charge of the administration of the decedent’s probate estate. In Florida, the term [...]

2507, 2018

Relationship Of Power Of Attorney To Other Legal Instruments

What is the difference between an agent and an executor or personal representative?   An executor, termed a “personal representative” in Florida, is the person who takes care of another’s [...]

2407, 2018

Uncovered Medical Expense Deduction For FL Medicaid

What is an Uncovered Medical Expense Deduction (UMED)? An uncovered medical expense deduction (UMED) is a credit received for out-of-pocket medical expenses. The deduction reduces the amount the nursing facility [...]

1307, 2018

What Is Medicaid?

Medicaid provides medical coverage to low-income individuals and families. The state and federal government share the cost of the Medicaid program. Medicaid services in Florida are administered by the Agency [...]

207, 2018

What Happens When A Person Dies With No Will?

A person who dies without a will is considered intestate. When a person dies intestate, the state will take the decedent’s assets if the decedent does not have any heirs. [...]

207, 2018

What Kind Of Property Can Be Disposed Of By Will?

Nearly all forms of property can be transferred through a will, however, certain property interests cannot. For example, property interests cannot transfer by will when they terminate upon the owner’s [...]

2606, 2018

Elder Law Medicaid Planning For Long Term Care People Need Long Term Care And It’s Expensive

One of the greatest fears of older Americans is that they may end up in a nursing home. According to the U.S. Department of Health and Human Services, more than [...]

2306, 2018

What Happens To A Decedent’s Revocable Trust At Death?

If the decedent had established what is commonly referred to as a “Revocable Trust,” a “Living Trust” or a “Revocable Living Trust,” in certain circumstances, the trustee may be required [...]

1706, 2018

General Overview Of Revocable And Irrevocable Trusts

One way to think about a trust is that the trust itself is a book of instructions. A grantor authors the trust, and provides instructions concerning the use of the [...]

1406, 2018

Some Suggestions Concerning Wills

Marriage does not cancel a will in Florida, but a spouse acquired after the execution of your will may receive the same portion of your estate that he or she [...]

1106, 2018

Why Does The Personal Representative Need An Attorney?

A personal representative should always engage a qualified attorney to assist in the administration of the decedent’s probate estate. Many legal issues arise, even in the simplest probate estate administration, [...]

506, 2018

How Do I Know If My Assets Are Properly Titled To My Revocable Trust?

The account statement, stock certificate, title or deed will make some reference to the trust or to you as trustee. You might also elect to fund your trust by naming [...]

306, 2018

Who Pays Federal Income Tax On Trust Income?

In most instances, the revocable trust is ignored for federal income tax purposes during the grantor’s lifetime. The income and deductions are reported directly on your individual income tax return. [...]

106, 2018

Ten Reasons For Updating Your Estate Plan

Your plan hasn’t been updated to take into account the never-ending Estate Tax changes. Currently a single person can leave up to $5.6 million, and a married couple can leave [...]

2805, 2018

What Is A Qualified Income Trust (QIT)?

If an individual’s income is over the limit to qualify for Medicaid long-term care services (including nursing home care), a Qualified Income Trust (QIT) allows an individual to become eligible [...]