Locating a decedent’s Will can be like looking for a needle in a haystack. Many people create a will years before they pass. Here’s how we suggest finding it.
Florida has arguably some of the best laws in the country when it comes to protecting your assets from creditors. Some of these asset protection laws are found in the Florida statutes (statutory law) and some are derived from Florida’s judicial precedence or customs (common law). In fact, Florida has an entire statutory chapter—Chapter 222—that […]
Tenants by the Entirety is a special form of joint ownership between married couples here in Florida that provides a significant amount of asset protection for any assets owned as Tenants by the Entirety. While roughly twenty states have laws that allow for Tenants by the Entirety ownership, state laws vary widely as to which […]
If a Florida Nursing Home Medicaid applicant is applying for ICP Medicaid (nursing home Medicaid), then there a patient responsibility. Patient responsibility is the amount of money per month that a Medicaid applicant must contribute to pay for his or her share of the nursing home. The Agency for Health Care Administration sets the rates […]
Funeral plans, burial spaces/plots, and prepaid burial contracts are exempt for Florida Medicaid if the funeral plan or burial contract is irrevocable. These contracts need to be with a funeral home or funeral director in order to be excluded. Typically, when you purchase a prepaid funeral plan or burial contract, the contract is often revocable […]
A Florida Medicaid Qualified Income Trust is used when an individual has too much income to qualify for Medicaid. Currently the yearly Medicaid maximum an applicant for Florida nursing home Medicaid can have is $2,349 (2020) per month. If the applicant is even a penny or dollar over the $2,349 per month amount, then the […]
The short answer is yes. If a Power of Attorney was validly created in another state, then the Power of Attorney is valid here in Florida. However, many out of state Powers of Attorney do not comply with Florida law. We often advise clients to have the Power of Attorney updated. This article will explore […]
An EIN—also known as an employer identification number—is often used to identify an estate when there is an active probate. The EIN is provided by the IRS and should be obtained by the personal representative or executor once the letters testamentary or letters of administration have been issued. The EIN is necessary for the personal […]