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Category Archives: Estate Planning Wills & Trusts
4 Life Events That May Prompt Revision to Your Estate Plan
Creating your estate plan is not a one-time event. Your last will or trusts should be reviewed regularly to ensure that your property will go to those you care about most. Aside from regular updates every few years, there are certain life events that should prompt you to revise your estate plan. Learn more… Read More »
Including Digital Assets in Your Estate Plan
More and more of our lives take place not in the physical world, but in the digital world. We store important personal and financial information on our computers or in the cloud. We save photos and videos digitally, or post them on social media sites, without ever creating a physical copy. We pay bills… Read More »
Find Ways to Streamline Your Estate
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 »
The Development of the Living Will
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 »
The Qualified Income Trust
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 »
Qualified Elective Share Special Needs Trust
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 »
Who Needs a Self-Settled (d4a) Special Needs Trust?
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 »
Shalloway & Shalloway Presents to Fort Stewart JAG Corps
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 »
When Should You Update Estate Planning Documents?
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 »
Can a Florida Bank Reject My Durable Power of Attorney?
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 »