Blog

February 2016 Blog Archive

Advance Fee Schemes Mon, Feb 15, 2016 As I wrote in a recent article, I recently gave a talk regarding “Scams, Shams and Flimflams”. As I was preparing for the talk, I came across a great number of government and non-government web sites providing information on these matters. Read More

Land Trusts Mon, Feb 15, 2016 Sometimes people wish to own homes in untraditional ways. Adult children might wish to buy a home for their parents to live in. Read More

Adding Names to Assets Mon, Feb 15, 2016 People frequently want to transfer all or part of their accounts or real estate to their children, relatives, or others. Read More

How Does Divorce Effect Your Estate Plan Mon, Feb 15, 2016 Upon divorce, a marital settlement agreement states how joint assets shall be distributed. However, in the event of death prior to changing the beneficiary designation, it is important to know how assets will be distributed. Read More

Reverse Mortgages Mon, Feb 15, 2016 A reverse mortgage is a special type of home loan that lets you convert equity in your home into cash. Read More

Asset Protection Trusts Mon, Feb 15, 2016 People often think that placing their assets into a trust for their own benefit in Florida makes the assets inaccessible to creditors, taxing authorities and nursing homes, but that is not true. Read More

Do It Yourself Estate Planning Mon, Feb 15, 2016 Some people try to save money by preparing legal documents on their own, or with the aid of doit- yourself books or computer programs, and sometimes their penny-pinching results in their wishes not being upheld. Read More

Planning Your Final Arrangements Mon, Feb 15, 2016 When someone dies, there are numerous tasks that must be completed, which can sometimes be a burden on family members during such a difficult time. Read More

Beware of Medicaid Pre-Planning Schemes Mon, Feb 15, 2016 Medicaid is government assistance for long-term care. To qualify for Medicaid, one must meet certain requirements as to level of care required, income and assets. Read More

Revocable Living Trust as Beneficiary of Life Insurance? Mon, Feb 15, 2016 The First District Court of Appeal of the State of Florida issued an opinion in Morey v. Everbank, holding that life insurance policies payable to a revocable trust, while usually exempt from creditors, can be subject to creditor's claims if language... Read More

There's No Such Thing as a Quick Deed Mon, Feb 15, 2016 People often hear from friends and relatives that they should sign a "quick deed" or a "quick claim deed." Read More

Elder Law and Medicaid Qualification Mon, Feb 15, 2016 Elder law is an interdisciplinary field of law, in which the attorney considers issues affecting aging clients when advising about other areas of law. Read More

Gifts to Younger People Mon, Feb 15, 2016 You can make gifts while you are alive, or upon your death. Either way, you can make gifts outright or in a manner that restricts use. Read More

Funding a Revocable Trust Mon, Feb 15, 2016 A revocable trust does not avoid probate unless it is “funded”. “Funding” means naming the trust as owner or naming the trust as beneficiary so they pass automatically to the trust upon death. Read More

Change in Health Care Surrogate Law Mon, Feb 15, 2016 Effective October 1, 2015, the Florida Legislature has amended the statute regarding the health care surrogate form. Up to now, the form has provided that the surrogate’s authority becomes effective only when the principal is incapacitated, but there... Read More

Homestead and Medicaid Mon, Feb 15, 2016 A person requiring nursing care may need Medicaid. One can qualify for Medicaid if the person’s assets (and those of the spouse, if any) are less than the value permitted by the Medicaid program. Homestead property is exempt, with limitations. Unless... Read More

Transferring Real Estate Mon, Feb 15, 2016 Ownership of real estate is established by a deed. Even if there is a mortgage, the property is still owned by the title holder, subject to the mortgage. Read More

Year 2016 Medicaid Allowances Mon, Feb 15, 2016 Full-time nursing care is a financial burden. If medical and financial eligibility standards are met, Medicaid assistance may be available. This article deals with the financial requirements. Read More

How to Avoid Guardianship Mon, Feb 15, 2016 People often do not understand that establishing a guardianship over a person is an expensive, time-consuming and embarrassing court process. It can be necessary even when a married person is incapacitated and the spouse needs to take action regardin... Read More

Medicaid Qualification Mon, Feb 15, 2016 Medicaid is a public benefit that provides funds for nursing home care. To qualify for Medicaid, one must qualify in the areas of level of care required, amount of assets owned and amount of income received. One can legally rearrange assets and incom... Read More

A Warning for Condominium Associations in Collecting Past Due Assessment Fees Mon, Feb 15, 2016 The Third District Court of Appeal of the State of Florida (3rd DCA) issued an opinion on January 23, 2013, in Aventura Management, LLC v. Spiaggia Ocean Condominium Association, Inc., Case No. 3D11-2545 (Fla. 3rd DCA 2013), which should serve as a r... Read More

Planning for Incapacity in Young Adults Mon, Feb 15, 2016 When a person reaches the age of eighteen in Florida, he or she is legally an adult. The parents may still think of their child as somebody they can protect, but the parents no longer have any rights to do so. Parents may realize this at college orie... Read More

Non-Attorney Medicaid Planning Mon, Feb 15, 2016 The Florida Bar published an article, "Unregulated Medicaid advisers giving bad advice, Florida Bar told," describing the ways in which individuals engaging in the unauthorized practice of law take advantage of people seeking Medicaid planning. As a ... Read More

What is a Lady Bird Deed Mon, Feb 15, 2016 A lady bird deed ("LBD") is a type of deed sometimes used to transfer a home to beneficiaries, to be effective upon death of the original owner. It is also called an Enhanced Life Estate Deed because it is a unique type of life estate deed. Read More

Helpful Information After the Death of an Individual Mon, Feb 15, 2016 People often find themselves overwhelmed by the tasks they have to complete when a loved one passes away. Read More

Smart Phone Health Applications Mon, Feb 15, 2016 With all of the new technology these days, Apple just released a new application with their recent software update, iOS8, entitled Medical ID (although other smart phones have similar applications as well). This new application could be a lifesaver f... Read More

Protective Trusts Mon, Feb 15, 2016 An estate planning client says, “I want to leave everything to my daughter when I die, no strings attached. Oh, and if she dies, gets divorced or gets sued, I want it protected.” The client does not realize the request is contradictory. Read More

Undue Influence in Will Contest Mon, Feb 15, 2016 Sometimes individuals find themselves in situations where they are taken advantage of, and, unfortunately this is prominently seen in the sick and elderly. Many have heard stories of family members or friends being scammed for money. In the most extr... Read More

Condominium and Homeowner’s Association Mon, Feb 15, 2016 Many people opt to live in a condominium or community that has a homeowners association in order to reduce maintenance and yard work, or to take advantage of other benefits of such communities. Yet, with the benefits may come some challenges as well. Read More

Planning for Incapacity Mon, Feb 15, 2016 If an adult is temporarily or permanently unable to communicate the person’s own wishes, and has not properly designated a person to act for the person, a number of problems can arise. Court action, including guardianship, may be required to appoint ... Read More

You Don't Need to Buy a Copy of Your Deed Mon, Feb 15, 2016 I wrote an article on this same topic some time ago, but a client has received new, slightly different letters recently, so I am writing it again. Some of the names and descriptions have changed, but the concept is the same. Read More

What Is A Trust Protector? Mon, Feb 15, 2016 In recent times, trusts often include a designation of a person called a “trust protector” or similar description. The trust protector does not have the duties of the trustee. The trust protector is able to step in when an unanticipated issue arises,... Read More

What is a Trust? Mon, Feb 15, 2016 Trusts are confusing, because they have so many names and purposes. The word “trust” basically means to trust somebody to hold assets. Read More

What is a Trust? Fri, Feb 12, 2016 Trusts are confusing, because they have so many names and purposes. Read More