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  • Home
  • Our Team
  • Services
    • Estate Planning
    • Trust & Estate Litigation
    • Estate & Trust Administration
    • Probate & Probate Avoidance
    • Contested Guardianships & Probates
    • Asset Protection Planning
    • Tax Law
    • Medicaid & VA Benefits
    • Land Conservation Easements
  • Blog
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Archives

Monthly Archive for: "November, 2018"
Home » Archives for November 2018
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By Bach, Jacobs & Byrne, P.A.
In Estate Planning, Probate
Posted November 29, 2018

What is an “in terrorem” clause in a Will or Trust?

Literally meaning “in fear”, an “in terrorem” clause acts as a sort of threat: if anyone challenges the legality of the Will or of any part of the Will, he/she will be disinherited. Though there [...]

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By Bach, Jacobs & Byrne, P.A.
In Asset Protection Planning, Estate Planning, Real Estate
Posted November 27, 2018

“It’s All Greek to Me”: Homestead

“Homestead” can be found in several different contexts in Florida law, but it always retains its fundamental application to an individual’s home. When used to refer to real estate, one might hear [...]

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By Bach, Jacobs & Byrne, P.A.
In Asset Protection Planning, Estate Planning, Probate
Posted November 23, 2018

What happens to the Durable Power of Attorney when someone dies?

A Power of Attorney is described as “durable” because it continues to be effective until and after the point at which a given client becomes incapacitated. However, the Durable Power of Attorney [...]

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By Bach, Jacobs & Byrne, P.A.
In Guardianship, Probate
Posted November 19, 2018

When can trust and estate litigation occur?

Though most matters in probate court go unchallenged, certain situations can arise which necessitate probate, trust, or guardianship litigation. Some common such scenarios include, but are not [...]

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By Bach, Jacobs & Byrne, P.A.
In Estate Planning, Probate
Posted November 15, 2018

My Will was drawn up in another state. Is it still valid in Florida?

If your Will was valid in the state where it was written, it should be valid in Florida, with some exceptions. However, property laws do vary from state to state. For instance, one significant [...]

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By Bach, Jacobs & Byrne, P.A.
In Guardianship
Posted November 13, 2018

Can a guardianship proceeding be contested?

Yes: any interested person can contest the appointment of a guardian for a given ward, just as any interested person can petition the court to declare that ward incapacitated and in need of a [...]

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By Bach, Jacobs & Byrne, P.A.
In Asset Protection Planning, Medicaid Planning
Posted November 9, 2018

Who runs the Medicaid program?

Medicaid is a program jointly run by both the federal and state governments. In some cases, the funding for Medicaid can come from the local government, too. The proportions of funding vary based [...]

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By Bach, Jacobs & Byrne, P.A.
In Estate Planning, Guardianship
Posted November 5, 2018

What is the distinction between “surviving” powers of attorney and “springing” power of attorney?

The key difference between surviving and springing powers of attorney is the time at which they take effect. Surviving powers of attorney are entrusted to the agent as soon as the paperwork is [...]

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By Bach, Jacobs & Byrne, P.A.
In Medicaid Planning, Medicare
Posted November 1, 2018

Risk Adjustment Payments Suspended

Risk adjustment payments to insurance companies had been funded by the federal government as part of the Affordable Care Act since 2014 as part of the ACA’s prohibition against insurance [...]

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