Blog
Do I Need to Give Away My Assets for my Spouse to Enter a Nursing Home?
No, not at all. Here in the state of Florida a husband and wife are not responsible for the medical bills of the other so you'll be able to keep all your assets, your spouse will be able to eligible for Medicaid even if your assets go above what the resource limit is...
What are my Options if my Spouse Goes into a Nursing Home?
Can they transfer all their assets to me and apply for medicaid? Yes, here in the state of Florida, a husband and wife are not responsible for the medical bills of the other, and you're also allowed to, before filing the application, transfer all the assets from one...
I Made a Will in Another State, but Now Live In Florida. What Should I Do?
The simple answer to that question is, "Do another one here in the State of Florida." If you pass away here in Florida, and you have a will from another state, and we submit that for probate, the Florida Probate Court doesn't know if that's a good and valid will...
In a Revocable Trust, What Does U/T/D Mean?
U/T/D stands for Under Trust Dated. It is one of the two identifying features for your trust. Your trust has a name so it'd be the Greg revocable trust and then it has a U/T/D date. An under trust date, that's the date the document was signed. To learn more, head to...
Is a Revocable Living Trust Available to the Public Like a Will?
When a person passes away here in the State of Florida, and they have a revocable trust, that document is not filed with the Probate Court, like a Will is. So whatever assets are titled or funded in that trust, the public is not going to know anything about that. They...
Is There a Fiduciary Duty For an Agent Acting as my Power of Attorney?
Yes, the agent acting under a power of attorney has a fiduciary responsibility to act solely for the benefit of the principal. You also have a responsibility not to create a conflict of interest that would affect their ability to act impartially on behalf of the...
What If My Spouse Died with A Will and Did Not Leave Me Anything?
Do I have any special rights as a spouse? Yes, absolutely. Here in the state of Florida, you cannot omit a spouse from a will or a trust. You can't try and disinherit them, unless you have a signed contract ahead of time, a prenup agreement, or a contract to make a...
Should I Consider Long-Term Care Insurance During the Estate Planning Process
I think longterm care insurance is an important part of the estate planning process. If you become sick and you need to go into a nursing home, it's relatively straightforward and easy to qualify you for Medicaid. If you need care at home, it's a little more...
What Are Letters of Administration?
Letters of administration is an order that's entered by the court, after the probate is opened, after a personal representative is appointed. The letters of administration is the legal authority given to the personal representative to deal with third parties. To deal...
What Assets Are Excluded From The Florida Medicaid Eligibility Asset Test?
Here in Florida, the following assets are exempt from Medicaid; your homestead, the household furnishings, any artwork or jewelry that are collectibles would not be exempt; your car, again so long as it's not an antique or a collectible; $2,000 in cash, that can be...