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Elder Law & Estate Planning

Representing clients in elder law and estate planning requires a certain level of care and compassion. We have the experience like many others, but we pride ourselves on helping families through some of the most difficult parts of life. We handle probate, nursing home planning, Wills, Trusts, Powers of Attorney, along with VA & Medicaid planning cases.

Probate

Probate is a legal process through which the assets of a deceased person are properly distributed to the heirs or beneficiaries under a Will. If there is no Will, the assets would be distributed as per the State's intestacy statute. The court oversees the estate to make sure debts are paid and a proper distribution of assets is made

 

Florida Medicaid

The purpose of Florida Medicaid is to provide medical coverage to low-income individuals and their families. The costs of the program are shared between the State and Federal governments. Medicaid services in Florida are administered by the Agency for Health Care Administration. However, eligibility is determined by the Department of Children and Families. There are many types of Medicaid. We primarily deals with Medicaid for those who are disabled or in need of long term care assistance. 

Last Will and Testament

A properly done will is an official legal document which may be used in probate court to determine what is to be done with a person's valuables, assets, real estate or other property upon his or her death. We are dedicated to helping clients draft and finalize a last will and testament that will hold up in court. You can create a legal will as early at 18 years old and it is never too soon to make sure your wishes for your estate and family are taken care of by legal documentation.

 

Revocable Living Trust

A trust is a private contract that allows you to transfer control of your assets and wealth to others at the time of your death or disability. Bank accounts, property and assets that are titled in the name of the trust at the time of death do not pass through the court supervised probate process. Rather, you name trustees who will take control of the trust assets at the time of your disability or death, and manage and/or distribute the property and assets as you have directed in the trust document. The trust serves as a “super power of attorney” at the time of disability and acts like a “will substitute” at the time of death.

We are very proficient in creating Wills, Living Trusts, establishing Durable Powers of Attorney and much more. Having the help of an attorney in creating your will and/or living trust helps ensure that it becomes a fully legally binding document not up to interpretation or debate. The goal is to create a will and/or living trust that is clear, precise, procedurally and legally legitimate so there can be no question about the writer's intentions for his or her property. Don't risk your will being overturned in probate court by being ruled invalid-get the help of a skilled lawyer in drafting and finalizing your will and/or living trust.

Nursing Home Planning

The cost of a nursing home can more than $8,000 a month. In order to qualify for Florida's long term care Medicaid also known as Florida nursing home Medicaid, a single person can only have $2,000 in countable resources. If a couple both require nursing home assistance, they can only have $3,000 between them. Good planning may be able to help preserve a substantial amount of your life savings. In most situations you can protect 50-70% of assets and for those who plan early, we can come close to 100% protection. It obviously depends on individual facts and circumstances. 

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