THYNES

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So far THYNES has created 50 blog entries.

Whom Will The Court Appoint To Serve As Personal Representative?

If the decedent had a valid will, the judge will appoint the person or institution named by the decedent in that will to serve as personal representative, as long as the named person or bank or trust company is legally qualified to serve. If the decedent did not have a valid will, the surviving spouse [...]

By | 2018-06-27T02:29:57+00:00 May 15th, 2018|

What Is A Trust?

A trust is a fiduciary relationship where a trustee is tasked with investing, protecting and managing property as well as the income that the property generates for a beneficiary. There can be more than one trustee and more than one beneficiary in a trust. The intent of the grantor, as expressed in the terms of [...]

By | 2018-06-27T02:17:48+00:00 May 7th, 2018|

What Are The Estate’s Obligations To Estate Creditors?

One of the primary purposes of probate is to ensure that the decedent’s debts are paid in an orderly fashion. The personal representative must use diligent efforts to give actual notice of the probate proceeding to ‘known or reasonably ascertainable’ creditors. This gives the creditors an opportunity to file claims in the decedent’s probate estate, [...]

By | 2018-06-27T02:28:30+00:00 May 7th, 2018|

Is A Trust A Substitute For A Will?

No, in most situations. A trust may be used in addition to a will. This is because a trust can handle only the property that has been put into it. Any property of yours that is not placed in the trust either during life or at death in most instances escapes the control of the [...]

By | 2018-06-27T02:26:27+00:00 May 1st, 2018|

Alternatives To Formal Administration In Florida

Florida law provides for several alternate abbreviated probate procedures other than the formal administration process.   “Summary Administration” is generally available only if the value of the estate subject to probate in Florida (less property which is exempt from the claims of creditors; for example, homestead real property in many circumstances) is not more than [...]

By | 2018-06-27T02:38:35+00:00 April 17th, 2018|

Who Supervises The Probate Administration?

A circuit court judge presides over probate proceedings. The judge will rule on the validity of the decedent’s will, or if the decedent died intestate, and will consider evidence to confirm the identities of the decedent’s heirs as those who will receive the decedent’s probate estate. If the decedent had a will that nominated a [...]

By | 2018-06-27T02:33:21+00:00 April 17th, 2018|

Special Policies That Apply To Spouses For FL Medicaid

Resources and income are evaluated for married couples when one spouse is institutionalized and one spouse continues to live in the community (referred to as the “community spouse”) when applying for the Institutional Care Program (ICP), Institutional Hospice, HCBS Waiver (Cystic Fibrosis, iBudget SMMC LTC only) or PACE Programs. Resources at Application: All resources of [...]

By | 2018-06-27T02:50:42+00:00 April 13th, 2018|

What Is A Power Of Attorney?

A power of attorney is a legal document in which a person creating it (referred to as the "principal") delegates authority for legal decisions to be made by another (referred to as the "agent"). The power of attorney can encompass a wide range of acts to be delegated to the agent or only enable the [...]

By | 2018-06-27T02:15:22+00:00 April 8th, 2018|

What Is A Will?

A will is a written document that controls the disposition of a person's property at that person's death. Each state sets their own formal requirements in order for a will to be legal. A properly executed will allows a person to make decisions on who will receive property rather than the decision having been made [...]

By | 2018-06-27T02:16:12+00:00 April 8th, 2018|

What Is Florida Statewide Medicaid Managed Care?

Most Florida Medicaid recipients are enrolled in the Statewide Medicaid Managed Care (SMMC) Program. The Agency For Health Care Administration is responsible for administering the SMMC program and re-procuring health plans every five years. The SMMC program has two components, the Long-term Care (LTC) program and the Managed Medical Assistance (MMA) program.   Medicaid recipients [...]

By | 2018-06-27T02:35:04+00:00 April 5th, 2018|