Probate

November 8, 2016

Medicaid Liens On A Plaintiff’s Wrongful Death Award

Florida medicaid Liens. Florida residents that suffer from injuries caused by another person are lucky because they can often pay costly medical bills through Medicaid if they qualify for coverage. Medicaid is a government assistance program that provides long-term health coverage to those with low income and few assets. It is sometimes necessary for the person injured to seek further relief by suing the person that caused the injury.

However, what many people do not realize is Medicaid can place a lien on any judgment or monetary settlement a plaintiff receives for wrongful injury or death. The issue then becomes should Medicaid receive a reimbursement for all services given to the recipient or just the medical expenses.
This issue came up in the case of Ark. HHS v. Ahlborn, 547 U.S. 268 (4th DCA July 20, 2016). In this case, the recipient Heidi Ahlborn was severely and permanently injured by in an auto accident with another driver. The other driver was at fault for the accident. Ahlborn owned little assets, which made her able to qualify for Medicaid coverage in her state.

October 27, 2016

Are Remainder Beneficiaries entitled to an Accounting in Florida?

by David M. Goldman

Today I received a copy of a recent Florida’s 4th District Court of Appeal dealing with a remainder beneficiary and a the ability to demand an accounting from a revocable trust before the death of a grantor. John J. Pankauski Sent me a well-written summary of the Case from October 26, 2016 which I have adapted for the purpose of this blog. The Case ruling stated that a remainder beneficiary of a Florida trust has no right to a trust accounting, when requested post-death, for the time period of the grantor’s life, absent breach of trust allegations. This was a revocable trust which became irrevocable upon the death of the grantor/settlor.

In Hilgendorf v. Estate of Coleman, the grantor or the person who created the trust was alive, competent, and was acting as her own trustee of her revocable trust. During grantor’s life, she was did not remain the trustee and a successor trustee took over the management of the trust. It appears that the grantor still continued to direct the actions of the successor trustee and to “run” things. The grantor never requested an accounting from the successor trustee during her lifetime. After the grantor passed away, the PR or executor of the decedents estate, who was also a beneficiary, requested an accounting for the time period when the grantor was alive and the when the trust was revocable.

September 26, 2016

How Long Does Florida Probate Take

by David M. Goldman

One question the most frequent questions our Jacksonville estate planning lawyers receive is how long does a probate case in Florida take? Often the best answer to how long a Florida Probate Case takes is “it depends.” The answer usually depends on how vast and complex the decedent’s estate is if there are a lot of beneficiaries or if there is any litigation involved the estate.

A Probate Case in Florida Can End Quickly or Take Years to Complete

A probate case in Florida can be quick if the estate is small and there are not any complicated procedural issues. Simple estates can be fully probated in as little as a few weeks or as long as few months. Something the county where the probate case is located can affect how long a Florida Probate case takes
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September 26, 2016

2016 Amendments to the Florida Probate Rules

by David M. Goldman

This year the Florida Probate Rules Committee has a added a few new rules to the Probate Code. Many of these rules are minor amendments to the old rules or clarifications of previously vague language. The biggest change to the code was the addition of a separate rule for Guardian Accounting under 5.696. This means there are now different rules for guardian accountings from the other types of probate accountings.

Below is a summary of the 2016 amendments to the Florida Probate Rules

August 29, 2016

Who can make burial arrangements in Florida?

by David M. Goldman

One question the top Jacksonville elder law and estate planning attorneys often receive is who can make burial arrangements in Florida. Does it have to be the next of kin, or can any family member or interested party make funeral arrangements? Another similar question we often receive is what happens if a family member refuses to sign for burial rights? This article should answer these issues by explaining the current Florida law.

Luckily, Florida law has tried to clear up any burial issues by codifying an extensive set of rules for burial rights. A person can find the relevant law under Florida Statute 497.005 (43). The first part of this statute defines some important terms under the law. For instance, the law defines “human remains” as the body of a deceased human person that requires a death certificate or fetal death certificate, and the body is in a stage of decomposition.

The primary section needed to solve these questions is found under number 43, which is the definition of “legally authorized person.” This definition is a priority list for what individual can make funeral arrangements. According to the statute, the decedent, or the dead person, has priority to make the choice. This means during the decedent lifetime he or she authorized a particular burial plan through an estate planning document. This type of authorization is likely found in a Living Will or another form of an advanced directive. For example, a common type of burial authorization will be a listed preference for burial or cremation.

July 11, 2016

How to Correct a Death Certificate in Florida

by David M. Goldman

Correcting a Death Certificate in Florida

We often receive calls about how to correct a Florida Death Certificate in relation to filing a Probate case in Florida. Correcting a Florida Death certificate is done through Florida Vital Statistics which can be reached at:

DEPARTMENT OF HEALTH

April 25, 2016

Foreign Wills: Are they valid in Florida?

by David M. Goldman

Foreign Wills: Will a Florida Court recognize them?

The world is becoming a more global community and with that means the United States has seen an increase in the amount of foreign-born individuals living, visiting, and investing in the U.S. economy. For instance, 12 percent of residential home purchases in Florida were made by foreign buyers. The question soon becomes how do foreign citizens pass their assets to loved ones in the U.S. and in other counties. Is a will from another country valid in America?

Florida law allows a foreign will to be admitted to probate if the will is valid under the laws of the country where the will was executed. This is great news for foreign Florida citizens because it means usually a will be valid even if it doesn’t comply with strict will formalities set by the state. However, the Florida Probate Code has made two exceptions for a type of will that is never valid under Florida law. These exceptions are when the will is a holographic will or a nuncupative will.
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December 2, 2015

Elder Law Update 4th Quarter 2015

by David M. Goldman

News and Important information for Seniors and their Families.

In this issue, we discuss the following topics.

How to Bulletproof your estate plan

October 5, 2015

Notarial will are not valid in Florida unless signed by the Testator

by David M. Goldman

Black’s Law Dictionary defines a nuncupative will as a “will made by the verbal declaration of the testator, and usually dependent merely on oral testament for proof.”

A Third District Appeals court in Florida recently ruled that oral wills, or nuncupative wills, that are not signed by the testator or its witnesses cannot be admitted to probate in Florida even if they written, dictated or approved by a notary.

October 1, 2015

Qualified Renunciation

by David M. Goldman

We often receive calls regarding challenging a will or trust document. In Florida, before you can file a will or trust challenge, the contestant must renounce any benefit he or she receives under the document they are attempting to challenge.

Reunification is an equitable doctrine in Florida. In 2013 the 2nd DCA heard the case Fintak v. Fintak, 120 So.3d 177. Generally, under English law as interpreted by American courts and individual is estopped from contesting the validity of a document that they received and retained a gift from. The Florida Supreme Court gave 3 reasons for this rule in Barnett Nat’l Bank of Jacksonville v. Murrey, 49 So.2d 535 (Fla. 1950):

to protect a fiduciary in the event the contested document is held invalid;
to demonstrate sincerity of the contestant; and
to have the property available for disposition at the conclusion of the contest.