Category Archives: Elder Law
When Are Trusts Modifiable?
Trusts are an excellent estate planning vehicle for providing comprehensive and wide control over the use, management, and access beneficiaries have to assets after death. If the right trust is chosen and structured correctly, this arrangement can benefit the financial security of a family for generations. Consequently, working with the right estate planning attorney… Read More »
Do Homesteads Belong in a Living Trust?
Owning a home is a large goal for many Americans, and once home ownership is attained, most want to do everything possible to keep the asset from being lost. Florida’s homestead protection, the law that determines the level of protection the property receives from creditor claims and property taxes, is somewhat unique, in that… Read More »
The Estate Planning Lesson We Can Learn from Aretha Franklin
It is easy to assume the rich and famous have all their affairs in order because they have the time and financial resources to hire the best people and ensure everything is appropriately arranged. Estate planning is one of those things people understand is important, but continually put off because it seems too complicated,… Read More »
Who Is Responsible for Remaining Debts after Death?
Estate planning is primarily about settling two issues: distributing property to surviving heirs and limiting one’s exposure to liability for death-related taxes. In line with the second issue is the question of settling a loved one’s remaining debts after death. All estates which pass through probate, which is a substantial number, must provide notice… Read More »
What to Expect in the Guardianship Process
Age affects people differently, and can lead to significant physical and/or mental issues as the body and mind register the toll of living a long and full life. When it appears to family members and friends that an individual’s capacity to handle his/her affairs is compromised, they may look to the guardianship process for… Read More »
Why You Need a Pour-Over Will
With access to online estate planning forms, putting together a basic estate plan, even if insufficient and misdirected, is relatively easy. One popular option people routinely choose is a revocable trust because of the perceived tax advantages and creditor protections, with the creator retaining control until death. Once he/she passes, the trust reverts to… Read More »
How Changing Your Domicile Impacts an Estate Plan
Where a person lives is not as fixed today as it was in times past, and in many cases, individuals move to gain a better lifestyle and/or take advantage of less burdensome tax systems. From the outside, it may seem unimportant when or where a person moves once an estate plan is in place,… Read More »
Medicaid Liens and Survivor’s Rights
Medical issues rarely arise gradually over time, but instead, often occur suddenly, and require immediate action to address. When a person’s health condition becomes severe, requiring around-the-clock care, many families are forced to put loved ones in nursing homes to provide the individual’s medical needs. Medicaid is the program most Americans living in nursing… Read More »
Taking Control of Your Healthcare
Most people enjoy relatively stable and strong physical and mental health during most of their lives. In fact, good health is easy to take for granted until an emergency injury or illness occurs that causes a person to face the vulnerabilities of the human body. As the body ages, debilitating conditions become more likely,… Read More »
Choosing the Right Trustee
Putting together an estate plan can be quite complicated, especially if a person owns a number of different assets and/or has many heirs/beneficiaries. One common feature of more complex estate plans involves the creation of trusts to achieve goals related to maintaining privacy, avoiding the costs of probate, tax planning, deferred distributions, provisions for… Read More »
