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Monthly Archives

December 2013

End of Year Charitable Gifts for Federal Income Tax Reduction

By Tax Law

Question:     I want to reduce my taxes for 2013 by making some gifts to charity before December 31.  Where can I find information on the rules for charitable giving?

Answer:    IRS Publication 526 explains how to claim a deduction for charitable contributions and can be found here on the IRS website.  Additionally, this month the IRS released on its website some brief tips for year end giving that summarize several important tax law provisions that have taken effect in recent years, which can be found here.  To review your current tax liability look for ways to reduce your exposure to federal income taxes, contact Fred Jacobs, a Florida Board Certified Tax Attorney with decades of experience assisting taxpayer with tax planning.

December 30, 2013
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Can a Guardian Initiate a Probate Proceeding When the Ward Dies?

By Elder Law, Estate Planning, Guardianship, Probate

Question:     I was the guardian for a ward who has recently died.  Can I petition to open a probate proceeding and be appointed personal representative also?

Answer:    Usually, the named personal representative in the decedent’s will is the one who initiates the probate proceeding.  The guardian, who typically will have all of the deceased’s personal records, would normally notify all the family members and the personal representative designee upon the ward’s death.  However, sometimes the decedent dies intestate (without a will) or the designated personal representative is unable to serve.  The guardian is considered an “interested person” under the Florida Probate Code for the purposes of commencing probate proceedings and can open the probate.  The guardian may be required to commence the probate proceedings to transfer the guardianship assets to the probate estate.  However, there could be some cases where the guardian’s appointment as personal representative of the ward’s estate is inappropriate.  For example, if a conflict of interest existed between the ward and the guardian prior to the death of the ward, then the court may be inclined to appoint a guardian ad litem, an administrator ad litem, or a different personal representative all together.  If you are the guardian for a recently deceased ward or want to petition to be appointed the personal representative for a deceased ward, contact Bach & Jacobs to schedule an appointment with one of our attorneys.

December 26, 2013
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What Happens to a Guardianship When the Ward Dies?

By Elder Law, Guardianship

Question:  Does a guardianship end when the ward dies?  If so, what are the guardian’s responsibilities upon the ward’s death?

Answer:    Yes, a guardianship is terminated when the ward dies.  A guardian of the person is discharged upon the death of the ward after filing a death certificate.  A guardian of the property is also discharged when the ward dies.  However, the guardian must first file a final report, including an accounting, and petition for discharge for court approval before the discharge is granted.  The guardian seeking discharge needs to know the requirements of filing the report and the petition.  For example, the Florida Probate Rules require notice of the report and petition to be served on certain interested parties.  If you are the guardian for a recently deceased ward or want to petition to be appointed the personal representative for a deceased ward, contact Bach & Jacobs to discuss your matter and receive assistance.

December 20, 2013
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Home for the Holidays: Talking with your Personal Representative About Your Estate Plan

By Estate Planning, Probate

Question:     Should I let the person I have designated as my personal representative know about my estate plan?

Answer:    Your personal representative—referred to as an executor in some states—is the person responsible for carrying out the provisions of your will.  That person could be a reliable family member, but can also be a trust officer, attorney, or even a trusted friend.  It is often advisable to at least let the individual or entity know that you have chosen them and confirm they are willing to serve in that role.  You should know that there are eligibility requirements for personal representatives under Florida law.  For example, those who have a felony conviction, as well as non-Florida residents who are not related to the deceased, cannot qualify as a personal representative.  Whether you walk that person through the details of your will is a personal decision—you certainly have the right to keep it private.  Although, it can sometimes be helpful to at least discuss some practical matters relating to your estate, such as who to contact upon your passing, how to pay for basic expenses like funeral costs and taxes, and what your funeral and burial wishes are.  The paperwork a family and personal representative may have to deal with regarding a deceased loved one’s estate plan can be overwhelming if they do not know who to go to for help.  The attorneys at Bach & Jacobs can advise you about the eligibility of your preferred personal representative.  Call Bach & Jacobs, P.A. to schedule an appointment to review your estate plan.

December 17, 2013
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Home for the Holidays: Leaving the Nursing Home to Share in Holiday Gatherings

By Elder Law, Long-Term Care

Question:  Our father is in a nursing home, but we would like to bring him home on Thanksgiving and Christmas day so we can all be at the table together.  Will that disqualify him for Medicare coverage?

Answer:    Under Medicare law, a resident at a skilled nursing facility can leave the nursing home for a day or two to enjoy the holidays with family and friends without losing Medicare coverage.  This fall with Thanksgiving, Hanukkah, Christmas and New Year there are lots of opportunities for seniors in nursing homes to re-connect with family and friends.  You can help facilitate those family gatherings without worrying that your father will lose Medicare coverage if he leaves the facility to participate.  The Medicare Benefit Policy Manual states that “an outside pass or short leave of absence,” such as attending a special religious service, holiday meal, or other family vacation is “not, by itself evidence that the individual no longer needs to be in a [skilled nursing facility].”  However, you should be aware that the nursing home can charge you for a bed-hold payment under some circumstances.  If you have questions about arranging for your loved one’s care and qualifying for public benefits like Medicaid, Medicare, and Veterans Benefits, contact Babette B. Bach, a Board Certified Elder Law Attorney and elder law expert.

December 13, 2013
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Where Can I Find More Information on Elder Care?

By Long-Term Care

Question:     Where Can I Find More Information on Elder Care?

Answer:    You can always search for topics related specifically to elder care law on the Bach & Jacobs website. Another source for elder care information with a national perspective is ElderCareMatters.com. This website provides Elder Care articles, contact information for Elder Care professionals, and a is a resource for alternate solutions when seeking Assisted Living Communities, Alzheimer’s & Memory Care Communities, Continuing Care Retirement Communities and Home Care Companies. For customized advice specific to your situation, contact Babette Bach, Esq., a Board Certified Elder Law Attorney and former statewide chair of The Florida Bar’s Elder Law Section.  She is an expert in the elder law field.

December 10, 2013
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Is an Attorney Required for Probate Administration in Florida?

By Elder Law, Estate Planning, Probate

Question:  If I am the personal representative for an estate in Florida, am I required to have an attorney for the probate administration in the Florida circuit court?

Answer:    Florida law requires an attorney in a formal probate proceeding except in the rare case where the personal representative is the sole interested person. However, Florida probate procedures are complicated and most non-lawyers will have a challenging time trying to proceed without an attorney.   Just determining who fits the statutory definition of “interested person” requires an understanding of the Florida Probate Code and the Florida Rules of Probate, which apply to even the most basic estate administration.  If you have been named the personal representative in the will of someone recently deceased and you would like assistance with the administration of the estate, contact Bach & Jacobs to meet with one of our attorneys.

December 6, 2013
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Where Can I Research the Florida Probate Law?

By Elder Law, Estate Planning, Probate

Question:     Where can I find trusted, general information on the probate process in Florida?

Answer:    One obvious source of information on probate law topics in Florida is on the Bach & Jacobs, P.A. website where you can view frequently asked questions relating to probate and the administration of estates.  Another source for a general overview of basic probate concepts is the Probate in Florida Pamphlet, available for free viewing at the The Florida Bar website. If you would like advice or assistance specific to your probate matter, contact Bach & Jacobs at (941) 906-1231 to schedule an appointment with one of our attorneys.

December 3, 2013
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