Per stirpes is a Latin phrase used in wills to mean that an asset will be passed to the heirs of designated beneficiaries if the beneficiaries themselves die. If someone plans to leave assets to a friend but that friend dies before they do, the asset would be passed to the friend’s heirs if a per stirpes expression appears in the will.
Due to a recent Florida Supreme Court decision, many Medicaid Planning services may only be provided by licensed attorneys. Non-lawyers who provide Medicaid Planning are engaging in the unlicensed practice of law and, because non-lawyers in the Medicaid Planning field are unregulated, often give misguided advice which financially harms clients.
The following are some services which can be legally provided by attorneys but not by non-lawyer Medicaid Planners in the state of Florida:
- Drafting income trusts
- Drafting personal service contracts
- Giving Medicare advice concerning Observation Status, Coverage, and Dropping Medicare Advantage Plan
- Helping with placement issues on the Medicaid waitlist for the Diversion program
- Reviewing long term care insurance policies and advising on how to maximize benefits
- Updating estate planning documents
- Helping get SSDI or SSI for those under age 65
- Protecting disabled dependents
- Advising on pros and cons of all planning options
If you are looking for Medicaid planning advice, be sure to consult a qualified and experienced Elder Law attorney. Babette Bach is nationally certified as an Elder Law Expert by the National Elder Law Foundation and is also a Florida Board Certified Elder Law Attorney. To consult with Ms. Bach, contact our office at (941) 906-1231.
If your spouse passes away and you owned real property with your spouse as tenant by the entirety, you need to clear the title to your real estate so it is owned by you alone as the surviving spouse through the following steps.
- Record a copy of the death certificate with the Clerk of Court in the county where the property is located.
- File an “Affidavit of Continuous Marriage” with the County Clerk. This form proves that your marriage was valid through your spouse’s death.
- File an “Affidavit of No Florida Estate Tax” (or DR-312 form). A copy of this form is linked below.
Affidavit of No Florida Estate Tax
Following these steps to clear the title to your property will ensure that there are no delays when you later wish to sell the property.
Bach & Jacobs, P.A. assists clients with the transfer of jointly owned real property after a joint owner dies and can prepare the necessary Affidavits and guide you through the process to properly transfer the title.
In order to obtain a death certificate for a death that occurred in Florida, you can fill out the form available from the link below and mail it with payment (amount determined through form) to:
State Office of Vital Statistics
Attn: Client Services
P.O. Box 210
Jacksonville, FL 32231-0042
Before mailing the form, call the Florida Dept. of Health, Bureau of Vital Statistics at (904) 359-6900 to ensure you are following the most up to date process to receive a death certificate quickly.
Alternatively, you can order a copy of a death certificate through your local County Health Department. Call your department for its particular instructions.
Anyone may order a Florida Death Certificate which does not include a cause of death. However, a certificate with cause of death may only be ordered by the decedent’s spouse, parent, child, grandchild, or sibling who is 18 years of age or older. If you are not a relative described above, you may still obtain a death certificate with cause of death if you provide documentation of your interest in the estate of the decedent. Such documentation may include a Will, an insurance policy, etc. For any death which occurred over 50 years ago, anyone may request a death certificate with cause of death.
Florida statutes allow for the creation of pet trusts which can be used to designate who will take care of your pet and leave funds necessary to do so. The trust would appoint a care-taker and a trustee who would observe the care-taker to make sure they are following your instructions and caring for your pet as you specify. A trust protector can also be appointed to ensure the funds in the pet trust are being spent appropriately by the care-taker. The care-taker can be given specific instructions through the trust on how they should care for the pet on a day to day basis and how they should respond to unexpected illness of the pet.
Under Internal Revenue Code, the income of a pet trust is taxable. The trust would be active during the entire lifespan of your pet and after the death of your pet any remaining funds would be distributed to other beneficiaries as you specify. If you have further questions or would like to set up a pet trust, contact us at (941) 906-1231 to discuss the use of a pet trust as part of your estate planning.
The new modifications to Florida’s laws protecting Florida’s elderly allow for out-of-court statements made by elders describing their abuse to be used in court. This type of statement would usually be regarded as hearsay and would be impermissible but, in the event that an elder cannot personally testify, their previous statement made while not under oath can be used to document abuse, exploitation, or violence.
If you or someone you love has been the victim of exploitation against an elderly person, contact Sean M. Byrne, Esq. at Bach & Jacobs, P.A. to discuss your options for recovery of those assets. Call our office at (941) 906-1231.
Distinct from healthcare directives such as a healthcare power of attorney or a living will, a personal care plan is a document telling your loved ones how you wish to be taken care of throughout your life if you lose capacity. Living wills only concern end of life medical treatment but personal care plans can be used to express desires such as nursing home preferences and what types of entertainment and hobbies they should have access to. Although on their own end of life care plans are not enforceable, their power can be strengthened by tying them to a trust and directing that the trustee use the assets in the trust to ensure your desires are met.
If you are interested in setting up an end of life care plan or healthcare directives to ensure that your later life care will be carried out on your own terms, contact Board Certified Elder Law Attorney Babette Bach, Esq. at (941) 906-1231.
In Florida, a personal representative is compensated either in accordance with the desires of the decedent as laid out in their estate planning documents or based on the presumed reasonable fees established by the Florida Statutes. The commission is 3% for the first $1 million in the estate, 2.5% for all above $1 million and not exceeding $5 million, 2% for all above $5 million and not exceeding $10 million, 1.5% for all above $10 million. Additional compensation may be due if the personal representative engages in duties such as selling a home, being involved in litigation, being involved in IRS proceedings, or other extraordinary duties.
If you are personal representative of an estate, you will need an attorney to represent your interests and guide you through the probate process. Contact our office at (941) 906-1231 to speak with an attorney with experience in probate administration.
