WE PROVIDE A WIDE RANGE OF LEGAL SERVICES
Below is a list of several of the trusted legal services offered by our offices.
Our lawyers will also represent you in civil litigation cases such as divorce, child and spouse maintenance.
Elder Law & Medicaid Planning
Daily, Montfort & Toups are helping adults and seniors put their lives in order through professional elder law services. We’re dedicated to our clients and work to improve their quality of life and help them achieve peace of mind for more than two decades! Learn more about our Elder Law and Medicaid Planning services below.
ELDER LAW CAN HELP SENIORS MEET THE CHALLENGES OF AGE
Elder law involves legal services for seniors, people of age and the disabled. Seniors need to carefully plan the remaining years of their lives. As we age, the needs for medical care increase and the costs rise exponentially.
Unfortunately, affording comprehensive healthcare is reserved only for the most wealthy. Permanent care can destroy the budget of ordinary families and impose unbearable hardship.
Fortunately elder law attorneys can help! With the use of various legal tools, anybody can get into the government healthcare program which will sponsor a huge part of your medical needs.
Daily & Toups is an experienced elder law and estate planning firm. We can help you claim assistance and reduce your expenses for health care. Contact us for a free consultation – no strings attached.
Medical care in the U.S. is not cheap and is only becoming more expensive. For many seniors their life-long savings and hard work will evaporate when they need prolonged and extensive medical care. This evaporation of assets can be avoided with the right planning.
Elder law is the area of legal practice that encompasses all activities related to planning for a senior’s elder years.
It includes (but is not limited to) the following practices:
- Health care planning
- Long-term care planning
- Estate planning
- Financial planning and tax planning
- Business succession planning
- Asset preservation
- Protection against fraud, abuse, or malpractice
If you pass away without an estate plan or a will, state laws will distribute your assets according to their own statutes. This can result in family members receiving assets when you never intended for those assets to receive assets. Also, your family will need to go through a complicated, expensive, and long process called probate.
If you want to leave the house to your granddaughter, you can simply list her as the sole beneficiary in your will. However, a will still needs to go through a formal court procedure called probate and your granddaughter will have to pay a substantial amount of money to an attorney to receive the house. Estate planning attorneys in Florida make more money off of probate than anything else.
A good estate plan makes use of legal tools, like trusts, to avoid unnecessary costs and transfer your assets quickly and efficiently to your beneficiaries without involving the courts.
MEDICAID PLANNING
One of the main practice areas of an elder law attorney is Medicaid planning. Medicaid planning involves all of the above practices and – when done properly – allows seniors to preserve their life savings and qualify for Medicaid.
Medicaid is completely different than Medicare. While both are government-run programs, Medicaid is used to pay for medical costs for low-income individuals. In Florida, Medicaid will pay for a senior’s long-term medical costs when that senior needs in-home care, assisted living facility care, or nursing home care.
QUALIFYING FOR MEDICAID
Many seniors unfortunately never look into qualifying for Medicaid because the asset limit for a single individual living in Florida is $2,000 for 2019. And the income limit for a single individual in Florida is $2,313 per month for 2019. Most seniors will look at these numbers, realize they have far more in assets or income than Medicaid allows, and will never speak to an elder law attorney.
The reality is that with every government-run program or system there are exceptions – this includes Medicaid. A single senior individual with $2,000,000 in assets – far above the $2,000 limit – can still qualify for Florida Medicaid with the right planning done.
You may ask how someone with $2,000,000 in assets could qualify for Medicaid. The answer is that the Florida Legislature and the Federal Government have carved out exceptions for seniors who have far more than $2,000 in assets or $2,313 in income.
HOW DOES MEDICAID PLANNING WORK?
- 2016 Dodge Minivan worth $15,000
- Homestead Residential Property worth $300,000
- IRA worth $200,000
- Income of $2,500 per month from social security
- Small pension
At first glance the senior clearly does not qualify for Medicaid. The assets ($515,000) are far above the allowed $2,000. And the income ($2,500) is also above the allowed $2,313 per month.
Would it shock you to hear that with some simple planning this senior would qualify for Medicaid?
The 2016 Dodge Minivan, the Homestead Residential Property, and the IRA are completely exempt for Medicaid qualification purposes. The only thing that would need to be done is set up a Qualified Income Trust (QIT) – also known as a Miller Trust – because the senior’s income is above the allowed amount.
WHAT DOES MEDICAID COVER?
If enrolled in a Medicaid programme, it will pay for the following services in every state in the country.
- Nursing facility services for individuals age 65 or 21 and disabled
- Home care for individuals eligible for nursing facility services
- Inpatient hospital services
- Outpatient hospital services
- Family nurse practitioner services
- Physician services
- Lab and x-ray services
- Medical and surgical dental services
If any of the above apply to you, contact a tax attorney immediatelly to verify and discuss the available options!
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We Can Help You
Tax Law
Elder Law & Estate Planning
High Dollar Cases
High profile taxpayers, like sports stars and performers, are the IRS’ way of making an example. Every IRS branch has specially trained Revenue Officers who handle high dollar cases separately.
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Tax Audit Defense
Our tax services include audit defense, IRS appeals, unfiled tax returns, CID investigations, enforced collections – liens, levies and more.
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Payroll Tax Matters
When you run a business and employ workers, you are responsible for handling payroll taxes. You need to deduct your employees’ taxes from their salaries and pay them to the IRS in their name.
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Unfiled Tax Returns
April 1st is a dreaded day for any taxpayer. Just half of all taxpayers manage to prepare their tax returns and file them with the IRS prior to the deadline. The rest usually follow with a couple of weeks delay. Weeks sometimes turn into months and even years.
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IRS Tax Appeals
IRS' Office of Appeals will review your case and provide an independent judgment, often softening the decision of the IRS.
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Elder Law
Elder law is the area of legal practice that encompasses all activities related to planning for a senior’s elder years.
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Medicaid Planning
Medicaid planning – when done properly – allows seniors to preserve their life savings and qualify for Medicaid.
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Estate Planning
Proper estate planning is crucial in order to ensure your assets and most valuable property is protected and managed in the most cost-effective way.
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Probate Law
Probate is a court controlled mechanism where the court transfers assets from someone who died (decedent) to the decedent’s beneficiaries. The beneficiaries are those listed in the decedent’s Will. When the decedent dies with a Will we refer to this as the decedent dying testate.
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Trust Creation and Administration
Estate Planning: Trusts allow you to bypass expensive Probate procedures, maintain the integrity of your assets and secure better future for your heirs. Daily, Montfort & Toups create efficient Estate Planning solutions and Trusts are one of our best tools!
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WHAT OUR CLIENTS SAY
ABOUT OUR SERVICES
I’ve had the pleasure to work with Mr. Daily for over 20 years, and he has always found the time to counsel and explain the best course of action.
JG | Tax Law Assistance And Counsel
Mr. Daily helped me get out of a tax situation that could have forced the dissolution of my business and ruined my credit.
Anonymous | Representation And Defense In Front Of The IRS
Fred assisted us through a multi year audit with ease and professionalism. His guidance was excellent and it was obvious he knew exactly how to handle the IRS
Richard | Multiyear Tax Audit Defense
I’ve had the pleasure to work with Mr. Daily for over 20 years, and he has always found the time to counsel and explain the best course of action.
JG | Tax Law Assistance And Counsel
Mr. Daily helped me get out of a tax situation that could have forced the dissolution of my business and ruined my credit.
Anonymous | Representation And Defense In Front Of The IRS
Fred assisted us through a multi year audit with ease and professionalism. His guidance was excellent and it was obvious he knew exactly how to handle the IRS
Richard | Multiyear Tax Audit Defense