Shalloway and Shalloway, P.A.

Category Archives: Estate Planning Wills & Trusts

little house with papers

Find Ways to Streamline Your Estate

By Mark Shalloway |

If you’ve ever dealt with property left behind by a loved one after their death, you may know how emotionally taxing a process it can be. Not only must you sift through belongings of someone you loved and lost and decide what to keep, sell, or donate, but when important papers are not easily… Read More »

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The Development of the Living Will

By Mark Shalloway |

The case of Terri Schiavo garnered a great deal of public attention and sparked an interest in advanced health care directives known as living wills. Because Terri did not have a living will, after a heart attack left her unconscious for almost a decade, Terri’s husband sought to become her guardian in order to… Read More »

Key hole that reads trust

The Qualified Income Trust

By Mark Shalloway |

The Problem Florida imposes an income cap for eligibility for the Medicaid institutional care (long term custodial nursing home care) program. The income gap is three times the SSI limit. The income cap is currently $2,205 per month. Since the private pay costs for nursing home benefits in Florida average much more then that… Read More »

Lady signing her last will and testament

Qualified Elective Share Special Needs Trust

By Mark Shalloway |

When a married individual decides to apply for Medicaid benefits, the applicant’s spouse will almost always need to execute a new last will and testament. If the applicant’s spouse has a pre-existing last will and testament, it typically devises most, if not all, of the estate to the Medicaid applicant-spouse. Even if the applicant’s… Read More »

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Who Needs a Self-Settled (d4a) Special Needs Trust?

By Mark Shalloway |

A Self-Settled (d4a) Special Needs Trust is an important tool if you are a disabled Individual who is over the required asset cap for a given government benefit and wish to qualify for government benefits including but not limited to; SSI, SSDI, Food Stamps, Medicaid, or Section 8 Housing. The “d4A” designation comes from… Read More »

Man signing his Will

Shalloway & Shalloway Presents to Fort Stewart JAG Corps

By Mark Shalloway |

Shalloway & Shalloway recently presented to Fort Stewart Judge Advocate General (JAG) Corps on behalf of Stetson Law School. The presentation topics included elder law, special needs care and estate planning. Mark Shalloway, President of Shalloway & Shalloway, was one of the main speakers at this pro bono event. The talks were well-received by… Read More »

Estate planning document

When Should You Update Estate Planning Documents?

By Mark Shalloway |

Just as individuals must visit doctors for check-ups, they should also have their estate planning documents periodically reviewed by an attorney to verify whether updates are needed given any changes in life circumstance. There are many reasons why an individual’s estate planning documents may require updating. Some of those reasons may include: if an… Read More »

Power of attorney

Can a Florida Bank Reject My Durable Power of Attorney?

By Mark Shalloway |

A recent story in the New York Times highlighted the increasingly-common phenomenon of banks rejecting valid powers of attorney submitted after a relative or client has already become incapacitated, instead requiring that the individual sign a power of attorney written by the bank itself. This article has stirred concern among caregivers for elderly parents… Read More »

Make a Will

“ I Don’t Want to Think About that Now…or Ever.”

By Mark Shalloway |

More than half of retirees do not have a will.  More than forty per cent do not have a living will.  Almost forty per cent do not have a Power of Attorney for making health care decisions.  Approximately ten percent of Americans do not have an estate plan.   The favorite excuse for not… Read More »

A document of estate planning

Incentive Trusts Provide Motivation to Heirs

By Mark Shalloway |

While planning your estate, you may be on the hunt for ways to retain as much control as possible over how your hard-earned funds are distributed after your passing. You may want to use your estate funds as a way to inspire your heirs and loved ones to create a thriving professional life for… Read More »

Shalloway & Shalloway, P.A., is located in West Palm Beach, FL and serves clients in Palm Beach, Broward, Dade, Okeechobee, Martin and St. Lucie Counties.

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