ESTATE PLANNING AND ELDER LAW ATTORNEYS

May 13
1

Three Ways to Keep Your Florida Estate Out of Probate

By | Probate

Probate is a court process. That one fact changes everything. The moment an asset requires court involvement to transfer, you need an attorney, a judge, a creditor period, and months of waiting. In Florida, attorney’s fees run 3% of the estate and the personal representative takes another 3%. On a $1 million estate, that’s $60,000 out the door before any beneficiary collects a cent. The good news is that probate is avoidable, and Florida residents have three solid tools to do it. Revocable Living Trusts A revocable living trust transfers your assets from your individual name into a trust you control during your lifetime. You remain the trustee. You file no additional tax returns. You keep full authority over your assets until you can’t, and at that point a successor trustee you named steps in, bypassing the court entirely. The critical word is “funded.” A trust that holds no assets…

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May 08
1
Medical appointment

Florida’s 5-Year Lookback Rule: What Every Caregiver Must Know

By | Medicaid

📋 Key Takeaways Any gift or asset transfer made within five years of a Medicaid application can trigger a penalty period that delays eligibility — even small, routine gifts. Married couples who transfer assets into the healthy spouse’s name alone are not protected — Medicaid counts the couple’s combined assets regardless of whose name they’re in. Legitimate legal strategies exist to protect assets without violating Medicaid rules, including personal care contracts, irrevocable trusts, and annuities. Disqualifying transfers can sometimes be reversed, but only if the recipient still has the funds — making early planning critical. The single most important step any family can take is consulting a qualified Florida elder law attorney before a crisis hits. Introduction Few things catch Florida families off guard quite like the Medicaid lookback rule. A parent is suddenly in need of nursing home care, and the family discovers that gifts were made years ago…

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Apr 22
2

Medicaid Planning in Florida: What Every Family Should Know Before a Crisis Hits

By | Medicaid

For many Florida families, Medicaid planning doesn’t become a priority until a loved one is already in crisis. By that point, options are limited and stress is high. The good news is that with the right knowledge and the right legal guidance, families can take meaningful steps to protect their assets, preserve their legacy, and ensure their loved ones get the care they need. Understanding the Five-Year Lookback Rule One of the most misunderstood aspects of Florida Medicaid is the five-year lookback rule. When someone applies for Medicaid, the state agency reviews all financial transactions made in the five years prior to the application. Any gifts or asset transfers made during that window can result in a penalty period — a stretch of time during which Medicaid will not cover long-term care costs. The earlier families understand this rule, the more planning options they have available. Legal Strategies for Protecting…

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Apr 08
2
the word trust

Choosing the Right Trustee: Avoiding Family Conflicts in Orlando

By | Estate Planning

📋 Key Takeaways Choosing a trustee based on love alone is one of the most common — and costly — mistakes families make. A good trustee must be organized, financially savvy, compassionate, fair, firm, and available. Family member trustees can work beautifully in functional families, but can devastate relationships when dynamics are already strained. Professional (corporate) trustees are often the smarter choice when conflict is likely. Florida’s diverse communities — including many families in Orlando, Winter Park, Windermere, and across Orange, Seminole, Lake, and Osceola Counties — face a specific pitfall: naming a non-citizen trustee, which can trigger serious tax consequences. Clear “rules of the road” written into the trust document give trustees documented authority to say no — and protect them from being blamed personally for doing so. Successor trustees, professional support teams, and honest conversations about beneficiary weaknesses are all essential parts of getting trustee selection right. Introduction…

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Apr 08
3

Florida’s Five-Year Medicaid Lookback Rule: What Families Need to Know Before It’s Too Late

By | Medicaid

When a loved one needs long-term care, families often discover — too late — that financial decisions made years earlier are now creating serious problems. Florida’s five-year Medicaid lookback rule is one of the most misunderstood aspects of elder law planning, and the consequences of getting it wrong can be devastating. What the Lookback Rule Actually Is When someone applies for Florida Medicaid long-term care benefits, the Department of Children and Families reviews five years of financial history. They are looking for any uncompensated transfers — gifts, property transfers, or asset movements where the applicant received nothing of equal value in return. The underlying logic is straightforward: if assets were given away, they could have been used to pay for care instead. Why Families Get It Wrong The most common mistake married couples make is transferring all joint assets into the healthier spouse’s name, assuming this sidesteps the rule. It…

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