Category Archives: General
Florida’s Homestead Law
Florida’s homestead laws touch three distinct areas: (1) death, descent and distribution (2) property tax and (3) asset protection. Working with a Florida Elder law firm is vital to understanding the interaction between these laws and implementing a holistic plan that optimizes the benefits each affords. The Florida Constitution and Statutes jointly address how… Read More »
How Medicaid Planning Can Supplement or Replace Long-Term-Care Insurance
Unless you are healthy enough to be deemed insurable and can afford premiums for over 20 years, a LTC Policy is not always the most affordable way to finance care. A LTC policy may be a wonderful tactic to stem the cost and play a role along with Medicaid planning. However, seniors often express… Read More »
Non-Bankruptcy Strategy for Seniors Debt
Sadly, seniors and individuals with a disability struggle not only with rising medical costs & long term care expenses from Nursing Homes, Assisted Living & Home Health Care but with the stress of an unpaid debt while living on fixed incomes. Although our firm’s primary concentration is Medicaid, Veterans Benefits and Special Needs Planning,… Read More »
Understanding Florida Medicaid’s Transfer Rules
Florida Medicaid provides various benefits to eligible individuals, including benefits that provide home healthcare aides as well as assist with the cost of skilled nursing facilities or assisted living facilities. When an individual files a Florida Medicaid application for the purpose of receiving such benefits, the Medicaid office scrutinizes all transfers made by the… Read More »
What Happens to Debts after You Pass?
As you think through how you wish your estate to be distributed upon your death, you may have a plan for which of your relatives and loved ones should inherit your home or other most treasured possessions. One often-overlooked aspect of estate planning is the debt of the person who dies. Do you know… Read More »
High-Income Surcharges for Medicare
The federal government’s means testing can have a substantial impact on the life of any Medicare recipient, since it can affect whether or not that individual qualifies for Medicaid, as well as whether they’ll pay even more each month through a surcharge. Read on to learn more about when surcharges are imposed, and speak… Read More »
Experts Create Estimated Lifetime Costs of Medical Care for Medicare Recipients
Even when federally subsidized, quality medical care comes at a high cost. A recent study by the Employee Benefit Research Institute (EBRI) calculated the amount that seniors should save in order to afford their medical coverage, depending on their overall health and need for care, and the amounts of required savings were shocking. Read… Read More »
Are There Legal Problems with Using Form Wills?
So, you’ve decided to create a will—congratulations on taking an important step in planning for the future. You might find yourself wondering whether creating your own will, either by writing it yourself or using an online form, is a good way to save money on legal fees. Do-it-yourself wills can actually bring on a… Read More »
Individuals with Disabilities May Now Establish Their Own Special Needs Trusts
In the past, a self-settled special needs trust (SNT) could only be established by a parent, grandparent, guardian, or court. On December 13, 2016, the 21st Century Cures Act (H.R.34 — 114th Congress (2015-2016)) changed that. Section 5007 of the Act, titled “Fairness in Medicaid Supplemental Needs Trusts” incorporates language from the Special Needs… Read More »
New Federal Rules Offer Expanded Protections and Rights to Nursing Home Residents
There are few populations as vulnerable to abuse and mistreatment as an elderly resident of a long-term care facility or nursing home. Fortunately, the federal Department of Health and Human Services (HHS) has recently begun a multi-phase introduction of new rules which will expand the rights of residents in assisted living facilities while also… Read More »