With the current estate tax exception of $5.43 Million for an individual and $10.86 Milliion for a married couple, some estate planners have begun to question whether gifting provisions in a Durable Power of Attorney pose more risk than reward. While it is true, that these provisions can be abused…
Articles Posted in Medicaid Planning
Florida Asset Protection: What is an IPUG™ Trust? How does an IPUG™ Trust work?
Asset protection was previously out of reach for most Americans. Thanks to a new trust called the IPUG™ Trust, Asset Protection is affordable for the average family. In the past many families created trusts to avoid estate tax, but with the recent increases in the Federal estate tax exemptions, many…
2015 Gift Tax: Can I Give My Kids $14,000 a Year?
The amount you can give anyone without having to file a gift tax return in 2015 remains the same as 2014 at $14,000. Remember that you can give your children, their spouses, your grandkids $14,000 each. In addition, if you are married, your spouse can also gift $14,000 to each…
Estate Planning and Florida Homestead Protections
In Florida, the primary residence is often protected by the Florida constitutional homestead protections. While in many other states, a persons homestead is not protected from creditors and can be lost to claims for Medicaid reimbursement, this is not the case in Florida. The only creditors that can make a…
Florida Probate Law: The Risks of Avoiding Probate Through Changing Ownership
Probate is the system the court uses to administer a person’s estate, either through a will or through intestate succession. Clients often ask for ways to avoid the probate process, such as adding a child to their bank account or adding the child’s name to the deed. Adding a Child…
The Future of Estate Planning: The Multigenerational Life Plan
Over the last year I worked with an intern in our office of a Law Review article for Texas Tech University. This article describes problems with current estate planning and takes the premise that most estate planners have become lazy because of advancements in technology. That is, most only ask…
The Effects of Using a Deed to Transfer Real Estate Property Ownership to Avoid Probate
You can transfer ownership of your real estate property through probate, or by signing an instrument known as a deed.1 Using a deed to transfer ownership of your real estate allows you to bypass probate, but there are some risks associated with this alternative. This blog discusses the advantages and…
Are Cars Exempt from Medicaid in Florida?
Typically a single automobile and one over 7 years old is exempt but there are some conditions that could cause a vehicle not to be exempt 1640.0591 Automobile (MSSI, SFP) One automobile, regardless of value or use, is excluded as an asset. Unless otherwise excluded, any other automobiles are treated…
Spousal Refusal: The Painful (But Sometimes Necessary) Decision
Couples who are still married, even into their 70s or 80s are the lucky ones. They’ve made it through the hard times, the ups and downs of life, ]and still have their companion at their side. But even the most devoted of spouses is sometimes finds it necessary to exercise…
The High Emotional– And Financial– Cost of Alzheimer’s Disease
Alzheimer’s is a disease that affects everybody it touches–husbands, wives, children and grandchildren–they all bear witness to their loved one’s slow demise. Sadly, emotional stress is not the only stress that accompanies Alzheimer’s disease; those loved ones serving as caretakers may carry a huge amount of financial stress as well.…