Everyone seemed to like our last one (Reason 10)so much we decided to post another of our Reasons to Make a Florida Estate Plan. Please let us know what you think of this one, and if you are the new wife, we apologize
Over the past several years the Law Office of David M. Goldman PLLC has expanded into several additional practice areas. As these practice areas grown we have been adding staff and creating more informational blogs to help consumers and our clients understand some of the common legal issues. May of our current readers do not realize that we cover these additional practice areas so I wanted to take a moment to update you with them:
For those of you who use an iPhone, we are trying to make some of the information and resources available through our new
Law Office of David M. Goldman PLLC iPhone Application.
If you are a married person in the State of Florida and have not created a Florida Will or Florida Revocable Trust you should fully understand what will happen to your assets when you die.
Previously in Florida, if a husband or wife passed away with only children belonging to the surviving spouse, the surviving spouse would receive the first $60,000 of the decedents probate estate, while the rest was split equally between the surviving spouse and the children or their heirs.
Governor Scott signed the Florida Law on June 21st. The new Florida Law gives everything to the surveying spouse (where one has passed away without a will and is survived only by a spouse and children of that marriage).
While a Gun Trust can provide guidance to your family and friends on how to transfer the legal ownership of Title I and Title II firearms, some individuals do not have anyone to leave their firearms to or want them to provide other benefits. The NRA has a program where one can exchange unused firearms collections for an income for life. The process involves selling the firearms and exchanging the revenue for a lifetime annuity for you or your spouse. They accomplish this though an action. The first of these auctions has already taken place and sold over 600 firearms. The next auction is expected to have a similar amount of firearms. I have spoken to several individuals who participated in the process and they felt that many of the firearms were sold for far more than they expected. (Some were in line and some were less than expected, but overall they were happy with the results).
If you are interested in finding out more about this to donate to the NRA or create an income stream for life, contact the NRA at http://www.nrafff.com
I would like to thank everyone who voted for us. We were selected on of the Top 25 Estate Planning Blogs of 2011.
Now LesixNexis is selecting the top estate planning blog of the year and you still have the opportunity to vote for us one last time. Even if you did not vote in the previous selection you can still vote.
Step 1: You will need to be registered in order to vote. If you haven’t previously registered, follow this link to create a new registration or use your sign in credentials from your favorite social media site. Registration is free and does not result in sales contacts. Once you are logged in, you can then vote by checking the box next to your favorite estate, probate and elder law blog then submitting the results.
Medicaid overhaul has been set in motion in the Sunshine State. A Florida State Senate committee recently approved a controversial proposal that would hand over a large part of the Medicaid program to managed-health care plans.
The full Florida House is expected to pass its version of the Medicaid changes and intense debate and negotiations are expected in the coming weeks. The bill’s chief sponsor said the bill could improve care for Medicaid beneficiaries, who have been “second-class citizens” under the current Medicaid system.
Florida lawmakers also intend to use the managed care system to hold down costs in the multi-billion dollar program. Politicians state that the current Medicaid program is crowding out funding for public education, public transportation and economic development.
Florida’s Long-Term Care Ombudsman Program is a volunteer-based organization which advocates for the health, safety, rights and welfare of elders who live in nursing homes, assisted living facilities and adult family-care homes.
When an elder is admitted to a long-term care facility, federal law mandates that he or she is given a special set of residents’ rights covering issues ranging from dignity and respect to measurable quality of life and care. Volunteer ombudsmen are trained and certified by the Department of Elder Affairs. Their taks is to inspect local facilities and respond to resident’s complaints to ensure that their rights are being maintained and respected.
As family members we want to ensure that our elder parents and relatives are treated with respect and dignity. There are methods such as guardianships, advanced directives, and durable power of attorney which will allow an elderly person to choose someone they trust to look after their best interests, physical and financial safety. It is also good to know that there are approximately 400 volunteers statewide that take an active role in monitoring the needs and special conserns of the elderly population who are in residential facilities.
The SunSentinel is reporting that Medicare recipients are being scammed again by identity thieves who are trying to steal personal and financial information by claiming they are owed a Medicare HMO owes them a refund.
Claiming to work for Humana or CarePlus they ask for the birthdate, social security number, bank account information and Medicare numbers to process the refund.
Most Florida Estate Planning Lawyer deal with planning for the unexpected and protecting your assets for those after we are gone. Part of this protection and planning often involves the use of the Florida Homestead. The Homestead Exemption is not exclusive to Florida. A recent case, a New York Representative is accused of claiming a Homestead exemption for a home located in Washington, D.C.
The homestead exemption varies from location to location, but it generally applies to one’s primary home. Recently government officials have noted that even though this exemption was established in the late 1800s, still only few today take advantage of it.
Tax officials in several locations around the country, including Florida, have begun to crackdown on the number fraudulent claims that are being reported every year. The New York Times reported that Jennifer Frastai, City manager of Hallandale Florida, has begun an intensive effort to stop fraudulent homestead claims.
The Homestead Exemption in Florida, which was established in the State’s Constitution, has always provided for the protection of the Family home free from creditors and liens. In 1985 the Constitution was amended to extend the protection to the “natural person” and not necessarily having to be the head of the household. The 4th district Court of Appeals ruled that a husband and wife who are separated for a period of time can BOTH claim the Florida Homestead Protection from creditors. This ruling does nothing to allow two homestead tax deductions. Law v. Law et al., 738 So. 2d 522.
The case involves a husband and wife who were separated for several years. They both claimed Homestead exemption for the Hollywood home that they owned jointly. But when his mother got sick, he and his wife decided to sell the home to pay for the medical bills. His ex-wife had a claim against him for support and brought action to seek recovery through the sell of the home. He filed for Homestead exemption. The court of appeals ruled that “we see nothing inconsistent with our public policy if we extend a homestead exemption to each of two people who are married, but legitimately live apart in separate residences, if they otherwise meet the requirements.” Court referencing Colwell v. Royal International Trading Corp., 226 B.R. 714 (Bank S.D. Fla. 1998) to show precedent on allowing dual homestead exemption. The court seemed to find it important to find that the separation was not contrived to defraud creditors.
If you would like to talk about how to create two homesteads and document them to avoid unnecessary litigation over the issue, contact a Florida Estate Planning Lawyer or if one or more of your home is in foreclosure contact a Jacksonville Foreclosure Defense Lawyer.
Florida Estate Planning Lawyer Blog