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Check out some of our latest posts
Medicaid Spousal Refusal
Florida’s Medicaid rules are numerous and often confusing. We explain why planning for Medicaid is so important here. One theme that is consistent in Florida would rather pay public benefits for one person if it will keep two or three of their loved ones from needing...
Advantage of Revocable Trust – Litigation Avoidance
One of the questions that we receive regularly is whether it is worthwhile for an estate planning client to create and fund a revocable trust as the primary part of their estate plan. While there are many benefits to a revocable trust, such as avoiding probate, one of...
Florida Power of Attorney
A power of attorney is a legal document that gives someone the authority to make legal decisions on someone else’s behalf. A power of attorney creates a principal-agent relationship; the appointed person will act as an agent for the person (principal) who appointed...
Planning for Incapacity in Florida
Incapacity means not having the physical or mental ability to do certain tasks or make important decisions. For example, if you cannot physically go to the bank to do transactions that require you to appear in person, or if you cannot understand the transactions you...
Estate Planning for Younger Adults
Most people assume estate planning is a task you can put off until your later years. However, even the young, healthy, and not so wealthy can benefit from estate planning. Although it may not be crucial for young adults to use every estate planning tool in the book,...
What is a Trustee?
Florida Trusts can serve many purposes, but they all have one thing in common: Every trust must have someone named as its trustee. A trustee is someone who is appointed by the settlor (creator of the trust) to have the legal authority to hold and administer the...
Death of a Beneficiary
When creating a will, the testator (the person who creates the will) names one or more beneficiaries to receive their property upon their death. Beneficiaries are usually assigned with the assumption they will live long enough to obtain the testator’s property;...
Why Should I hire an Attorney to Prepare for my Medicaid Application
I’ve had many conversations with families on the pros and cons of Medicaid. Many families feel that the Medicaid process is too stressful or do not understand how it will benefit their loved ones. This is especially true with Medicaid because of the specialized...
Do I Need to Do Probate?
As probate professionals, people reach out to us when they are not sure how to take the first step after losing a loved one. Sometimes they have only a partial understanding of their loved one’s financial situation. A few cases have been with people who were managing...
What is Spousal Refusal in Medicaid Planning?
Florida’s Medicaid rules are numerous and often confusing. We explain why planning for Medicaid is so important here. One theme that is consistent in Florida, is that the state would rather pay public benefits for one person if it will keep two or three of their loved...
How Can I Qualify for Medicaid in Florida?
Florida has a reputation for being home to many Americans who are advanced in age. This is for several reasons: no state income tax, beautiful weather, beaches, and affordable cost of living. One reason that is very important, but often overlooked, is that our rules...
What Happens if a Florida Resident Dies Without a Will?
By creating a will, a person gets to decide what will happen to their estate when they pass away. So, if a will is never created, who decides the fate of the deceased’s estate? In Florida, the answer to that question is the state of Florida. Passing without a will is...
The third witness to your will: Your estate planning attorney
Why should I hire an attorney to draft my will or trust? I can easily just buy one of these estate planning documents online for a fraction of the cost of an attorney. However, there is a major reason why you want to have an attorney draft your estate planning...
How do I change my Last Will and Testament?
Do you have a will with terms that are outdated or no longer align with your wishes? If so, you always have the option to make changes to your will. People may choose to change or update their will at any time for whatever reason. If you have a will with terms that...
What is a Qualified Income Trust?
A qualified income trust (QIT) is a Medicaid planning technique used often by Medicaid recipients. A QIT allows one to still qualify for Medicaid if their monthly income exceeds the limit set by Medicaid. Not every state recognizes QITs, but Florida does. As of...
What is a Special Needs Trust?
Did you know there is a way to provide funds for someone who is disabled or ill without reducing their eligibility for Medicaid or other government disability benefits? This can be done by setting up a special needs trust. All assets placed into a special needs trust...
How to Prove a Will Without a Self-Proving Affidavit.
Proving a will by Petition to Appoint Commission Before a will can be admitted to probate for administration, it must first be proven for its validity according to the terms in Florida Statute §733.201. Most often, a will is either self proving or can be proven by the...
What Will happen to Chadwick Boseman’s Estate?
It is no secret that I am a comic nerd, movie nerd, and game fan. All of these forms of media have some very good offerings from Marvel. I only became familiar with Black Panther in Marvel Ultimate Alliance. I enjoy a fantastic universe with some depth. So the lore...