New to Florida-Do I Need New Legal Planning?
Many people are new to Florida and many have moved to Southwest Florida over the past year. Not exactly a new trend but preliminary numbers are showing an acceleration of that trend. Many immediately ask some variation of the question “Are my out-of-state documents...
What about a DIY Estate Plan?
Sometimes clients tell me they will not need to sign a Will. They believe they have taken care of asset transfers after death by adding their children to their bank accounts. They may even have added a child’s name to the title of their homestead by signing a...
What Are My Rights as a Will Beneficiary?
When you’ve been named as a beneficiary in a Florida will, you may be unsure about what is required of you and what rights you may have. Uncertainty can be stressful, particularly during a time when you’ve lost a loved one and family assets are being divided....
Veteran’s Pension vs. Veteran’s Compensation
If you have assets including real estate, savings, and investments and want to create an estate plan that will protect them and your family, our team can help. If you are a Veteran, you may be interested in exploring VA Pension or VA Compensation as part of your...
Too Many Meds
Have you ever looked at your pills and thought to yourself “Wow, I take too many meds” or “I’m not sure why I take this pill.” Well you are not alone. The use of multiple medications or more medications than are medically necessary is know as polypharmacy. In 2019,...
How to Cope with Dementia-Related Accusations
Dementia-related accusations are common but hurtful. Have you been accused of lying or stealing, even though you were just trying to help? As a person’s brain is changing, it can start to link facts and details in weird and unusual ways. This false-memory...
Challenging a Will
When a person dies with a will, their will lays out who receives their property (called “heirs”) and who will manage and distribute their estate (called the “personal representative”). For many reasons, potential beneficiaries can feel slighted by what they did...
Can I Change My Irrevocable Trust?
I recently had a client who wondered if he could make changes to his irrevocable trust. In Florida, the answer is “maybe”. People make irrevocable trust for many reasons, one mayor reason being tax and benefits planning. In order to make a completed gift for tax...
Does Insurance Cover Telemedicine Costs?
One of the ways COVID has changed our system is the large increase in telehealth meetings and clients often ask "does insurance cover telemedicine costs?" Over the past year, telemedicine insurance coverage has evolved. While telehealth is not a new practice, it has...
Why “I Care a Lot” Would not Work in Florida
by Guest Blogger Kevin J. Wimmer Florida Guardianship and Probate Attorney Mark Twain, a great storyteller, once said: “Never let the truth get in the way of a good story.” Funny quote. However, in our age of conspiracy theories and the widespread dissemination...
Am I Responsible for my Parents’ Nursing Home Bill?
You may not have considered the possibility that you may be responsible for your parents' nursing home bill. Given the dollars involved (over $10,000 per month for a typical nursing home stay) it is a daunting thought. In most cases, especially if both you and your...
Health Care Surrogate…Who Should I Choose?
In Florida, living wills and advance directives allow you to give medical providers and family members specific instructions about the types of end-of-life care you are willing to undergo. However, you may also want to designate a health care surrogate who can help...
What if Income or Assets are Too High for Medicaid?
Florida residents, especially those in need of nursing-home level of care, may be aware that Medicaid is an important payment source. Medicaid is a federal health care program that offers options for low-income individuals of any age. There are different programs,...
What if I Noticed a Decline over the Holidays?
Despite the Covid pandemic, millions of Americans went home for the holidays. For many adults, this is one of the few occasions when multiple generations gather under one roof. If your parents are getting older, your trip back to the family home can lead to concern...
COVID Vaccine Arrives at Long-Term Care Residences
The much-anticipated COVID vaccine has arrived. It is now rolling out to Florida’s nursing homes and assisted living residences. Some residents are already receiving inoculations. Long-term care facilities in Florida and around the country have been prioritized,...
Talk to your Parents about Long-Term Care
The Holiday season can be a trigger for changes in family dynamics. Often times out-of-state children will meet with their parents for the first time in a year or more. Changes in the parent’s conditions may seem more pronounced after the period of absence. How do...
Common Signs of Elder Abuse
Elderly individuals often go through health issues they did not experience when they were younger and may have been unprepared to deal with. Other seniors might have few living friends, and relatives scattered far from Florida. This makes aging difficult both...
How to Help a Family Caregiver
Family caregivers sacrifice their own financial security, family time, and health to provide uncompensated care for elderly or disabled family members who need help. Over 40 million Americans are thrust into the role of family caregiver, sometimes unexpectedly. ...
When do You Need Crisis Medicaid Planning?
Medicaid is a joint federal and state program available to individuals who meet certain asset requirements that help them pay for long-term care costs. Long-term care often creates devastating financial impacts on Americans, especially the elderly and disabled, and...
Annual Exclusion and Long-Term Care Planning
Many of our clients have been in the habit of making annual gifts to their children and other beneficiaries. These gifts are thought of as “annual exclusion” gifts because the IRS allows anyone to give up to the maximum amount (currently $15,000 per beneficiary)...
Dangers of Trying to do Your Own Estate Plan
People often wonder why they can’t just do their own estate plan. There are will forms on the internet. Banks try helpfully suggesting you add your kids as pay-on-death to your accounts. What’s the big mystery? We view it like medical care. Yes, you can find...
When Family Caregivers Are Not Enough
Sometimes an elderly loved one needs more care that a family member can provide. When you reach the point of needing more care differs with every family. We all have different skills, time available, available space in our home and other factors. Family caregivers...
Medicaid 5 Year Look-Back Penalty
You may never have heard of the Medicaid 5 year look-back penalty. Or you may have heard of a “five-year period” without being clear what that meant. You get busy with health, financial and insurance information when going through a long-term placement for...
Veterans and Medicaid
Sometimes we deal with a war-time Veteran (or widow of a war-time Veteran) who is receiving Aid and Attendance benefits but also needs Medicaid. A Veteran can receive both an Aid and Attendance benefit and Medicaid so long as there are out of pocket expenses toward...