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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
  • Contact & Directions

Archives

Monthly Archive for: "January, 2019"
Home » Archives for January 2019
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By Bach, Jacobs & Byrne, P.A.
In Elder Law, Long-Term Care, Medicare
Posted January 28, 2019

Can nursing homes keep you from seeing your loved one?

No, it is against the law for nursing homes to ban visitors from seeing their loved ones, unless the visitor is deemed dangerous to the other residents of the nursing home. According to the [...]

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By Bach, Jacobs & Byrne, P.A.
In Estate Planning
Posted January 24, 2019

“It’s All Greek to Me”: Settlor vs. Grantor vs. Trustor

We turn to Florida Statute §736.0103 for the legal definition of “settlor”: “a person, including a testator, who creates or contributes property to a Trust.” Florida Statute §731.201 defines [...]

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By Bach, Jacobs & Byrne, P.A.
In Estate Planning, Probate
Posted January 22, 2019

What is the “spendthrift provision” in a Trust?

Florida’s spendthrift provision protects Trustees and beneficiaries from creditors seeking to collect on a beneficiary’s debts and from the beneficiaries themselves, pledging their interest in [...]

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By Bach, Jacobs & Byrne, P.A.
In Estate Planning, Probate
Posted January 18, 2019

What constitutes undue influence in a Will or Trust contest?

The Florida Supreme Court case which has set the standard for determining undue influence in Will disputes is the seminal case of In re: Estate of Carpenter, 253 So.2d 697 (Fla. 1971), which held [...]

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By Bach, Jacobs & Byrne, P.A.
In Estate Planning, Probate
Posted January 14, 2019

Why does probate take so long?

In Florida, the formal probate process, when not drawn out by disputed claims or other complications, generally takes at least four months. Though this may seem long, our system is more concise [...]

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By Bach, Jacobs & Byrne, P.A.
In Asset Protection Planning, Long-Term Care, Medicaid Planning
Posted January 10, 2019

What is the CARES assessment?

In Florida, Comprehensive Assessment and Review for Long-Term Care Services (CARES) is the federally-mandated screening system for nursing home applicants. It is required by law for any person [...]

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By Bach, Jacobs & Byrne, P.A.
In Probate
Posted January 8, 2019

What happens if a beneficiary predeceases the testator?

As is the answer with many legal questions, the answer here is: it depends. When a person named as a beneficiary of a Will dies before the person who signed the Will, you should review the terms [...]

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By Bach, Jacobs & Byrne, P.A.
In Asset Protection Planning, Estate Planning, Probate
Posted January 4, 2019

What is a “pour-over” Will?

A “pour-over” Will is usually created by individuals who hold most, if not all, of their assets in a Trust. The reason one might maintain such a document is to account for overlooked assets in [...]

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