Blog

Blog 2017-10-09T15:59:23+00:00
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 [...]

2205, 2018

What Are Probate Assets?

Probate administration applies only to probate assets. Probate assets are those assets that were owned in the decedent’s sole name at death, or that were owned by the decedent and [...]

1605, 2018

The Difference Between Medicare and Medicaid

Medicare and Medicaid are both designed to help disabled citizens and seniors address health-care expenses, but there are significant differences between them:   Medicare is the federal health insurance program [...]

1505, 2018

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 [...]

705, 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 [...]

705, 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 [...]

105, 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. [...]

1704, 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 [...]

1704, 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 [...]

1304, 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 [...]

804, 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 [...]

804, 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 [...]