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Monthly Archives

October 2013

What if I have PCIP coverage?

By Health, Medicaid Planning, Medicare

Coverage through the federal Pre-Existing Condition Insurance Plan (PCIP) ends December 31, 2013. PCIP will not pay for any medical services after December 31, 2013. You must enroll for new coverage between October 1at and December 15, 2013. If you enroll after December 15, your coverage can start no earlier than February 1, 2014.

When the health care law was signed in 2010, it created PCIP as a temporary program. PCIP made health coverage available to uninsured people with pre-existing conditions until key parts of the law took effect.

Starting in 2014, health insurance companies can no longer deny you coverage or charge you more because of your health condition. On October 1st the new choices for health coverage will be available. You can get coverage in the individual market, through your employer, or from public programs like Medicaid and the Children’s Health Insurance Program (CHIP).

PCIP enrollees have new options.

Every state has a Health Insurance Marketplace, where you can learn whether you qualify for lower costs based on your household size and income. All Marketplace insurance plans offer the same essential health benefits and cover treatment for pre-existing health conditions. For Florida you can enroll by going to www.healthcare.gov.

You have other options for buying new health coverage. You can buy a plan on your own from a licensed health insurance company, or enroll in a job-based plan. But in order to get lower costs based on your income, you must buy your plan through the Marketplace.

You must take action to get new coverage. PCIP coverage does not automatically convert to a Marketplace plan.

If you need legal advice for estate planning, probate and trust administration, Medicaid planning, or VA benefits, please contact our office at (941) 906-1231 for an initial consultation.

October 31, 2013
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Ancillary Probate When There is No Will

By Elder Law, Estate Planning, Probate, Real Estate

Question:     What happens to real estate in Florida if the owner is an out-of-state resident who dies without a will?

Answer:    When someone dies without a will or ‘intestate’, there is no will to file with the court.  However, the real estate in Florida may have to be dealt with in Florida’s probate courts through “ancillary administration” of the estate.  Ancillary administration is usually required when the Florida real property is titled solely in the name of the decedent. First, probate must be commenced in the out-of-state county where the decedent lived, called “domiciliary proceedings.”  To commence the ancillary administration in Florida, the petition for administration and the court order appointing a personal representative in the other state will need to be filed with the Florida court where the real estate is located.  These documents from the domiciliary proceedings must also be “authenticated,” meaning  it must have a court seal from the out of state court as well as language that the document is a certified or authenticated copy of the original.  The team at Bach & Jacobs handles ancillary estate administration in Florida for non-resident estates.  Contact the firm if you need assistance with ancillary administration.

October 24, 2013
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What is a Guardianship?

By Guardianship

Question:     What is a guardianship?

Answer:    Guardianship is a process by which a court appoints someone to protect the health and financial security of an incompetent or incapacitated individual who is no longer able to adequately take care of some or all of either their activities of daily living or their finances or both.   If you are concerned that someone you care about is no longer able to handle some or all of their personal care or finances, call Bach & Jacobs to discuss whether a guardianship or another lesser restrictive alternative may be an appropriate option.

October 21, 2013
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What is an ‘Authenticated Copy of a Foreign Will?’

By Elder Law, Estate Planning, Probate

Question:     How do I know if I have an authenticated copy of a foreign will?

Answer:    Florida law allows for ancillary administration for a resident of another state that dies leaving assets in Florida.  The law requires the admission of an authenticated copy of a non-resident’s will if the will devises or bequeaths real estate in Florida.  This means that the clerk of the Florida court where  the ancillary probate is to occur must be given a copy of the will that has a court seal from the out of state court where the will was filed.  You can obtain an authenticated copy by going to the clerk’s office in the county where the will was originally filed and requesting an authenticated copy.  A quick way to confirm whether the copy of the will is ‘authenticated’ is to feel for a raised seal on the clerk’s stamp and to look for language that the document is a certified or authenticated copy of the original.  If you are the personal representative for a non-Florida resident and need assistance with an ancillary administration in Florida, call Bach & Jacobs at (941) 906-1231 to speak to an attorney.

October 16, 2013
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How to Put a Loved One on the Medicaid Waitlist

By Medicaid Planning

 Effective August 2013, the CARES department within the Department of Elder Affairs is no longer accepting referral calls to place a loved one on the long term care Medicaid programs for those at home or in an assisted living facility.

The procedure now requires you to contact your local Area Agency on Aging (AAA) to place the referral call. For Sarasota County, contact Senior Choices at 239-652-6900 or 800-963-5337. For Manatee County, contact 800-336-2226.

The Area Agency on Aging is taking approximately 3-5 weeks to respond to the referrals and conduct telephone interviews to assess the applicant. We offer our clients advice on this process to facilitate their obtaining a fair rating and scoring for the waitlist.

 If you need legal advice for estate planning, probate and trust administration, Medicaid planning, or VA benefits, please contact our office at (941) 906-1231 for an initial consultation.

October 13, 2013
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Tax Incentives for Conserving Land

By Estate Planning, Land Conservation Easements, Tax Law

Question:     Can I reduce my taxes if I do not develop my land?

Answer:    Policy makers at the federal and state level have enacted tax incentives to encourage landowners to conserve environmentally sensitive land.  Property owners who have undeveloped, natural land and record a ‘conservation easement’ deed to restrict development and degradation of their real estate may qualify for federal income tax deductions or local property tax exemptions or both.  The conservation restrictions will have to be enforced in perpetuity by a land conservation non-profit or governmental entity.  Attorney Sean Byrne of Bach & Jacobs has represented parties in multimillion dollar conservation land transactions.

October 9, 2013
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Is Ancillary Administration Always Necessary for an Out-Of-State Resident Who Dies Owning Florida Real Estate?

By Elder Law, Estate Planning, Probate, Real Estate

Question:     Does Florida Real Estate Owned by an Out-of-State Resident Always Have to Go Through the Florida Probate Process?

Answer:    An “ancillary administration” of the estate is usually required when the property owned by the out-of-state resident is titled solely in the name of the deceased person.  This is the only way for title to be properly conveyed to the beneficiaries.  However, there may be instances where ancillary probate is unnecessary even though a resident of another state died owning Florida real estate assets.  For example, if the Florida real estate is titled jointly between the deceased person and another person or entity, the real estate would be transferred to the other person or entity without the need for ancillary administration.  Another example that would avoid ancillary probate is where the real estate is titled in the name of a trust, rather than in the name of the decedent.  If you are the personal representative for a non-Florida resident and want to know if an ancillary administration is required in Florida for the estate, call Bach & Jacobs to speak to an attorney.

October 2, 2013
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