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