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Bach and Jacobs PA

When to Obtain an EIN for a Trust

By Elder Law, Estate Planning, Tax Law

Question:  I have just taken over my parent’s trust as the successor trustee.  Do I need to apply for an EIN for the trust?

Answer:  It depends on whether the trust has become irrevocable.  If you become successor trustee of a revocable trust prior to the death of the grantor, then you will not need to obtain an employer identification number (“EIN”).  The grantor will continue to report all of the income and expenses of the trust on his or her individual tax return using their own Social Security number.  However, you should know that once the grantor dies, the trust becomes irrevocable.  Once the trust becomes irrevocable, the trust becomes a separate tax-paying entity.  You will need to complete the application for an EIN as soon as possible so you can properly report all post-death transactions under the trust’s EIN.  If you are the trustee of a revocable or irrevocable trust, contact Bach & Jacobs, P.A at (941) 906-1231 for guidance on the proper administration of the trust.   Attorney Fred Jacobs is a Board Certified Tax Lawyer and can advise you on the legal requirements that trustees must comply with under the Florida Trust Code and the Internal Revenue Code.

November 24, 2014
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Herald Tribune: Bach a top-ranked Lawyer of the Year

By Firm News

The Sarasota Herald Tribune covered Bach & Jacobs, PA founder Babette B. Bach’s selection as a 2014 Lawyer of the Year and a Top Rated Lawyer of 2014. Babette was named a Top Rated Lawyer of 2014 as a result of her rating from Martindale-Hubbell and her expertise in the field of elder law. The legal publication Best Lawyers named Babette as a 2015 Lawyer of the Year. You can read the article by clicking here.

November 21, 2014
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Do I Need an EIN for my Revocable Living Trust?

By Elder Law, Estate Planning, Tax Law

Q:           Do I need an EIN for my revocable living trust?

A:            No.  If you created a trust, funded it with your money, and reserved the right to revoke it, then the IRS does not consider it a separate tax-paying entity. The the trust will not require its own taxpayer identification number or employer identification number (referred to as an “EIN”).  In fact, you cannot obtain an EIN for a trust that is revocable.  Such a trust does not file its own tax return.  If you would like to know if a trust would be appropriate for your estate plan or tax planning, contact Bach & Jacobs, P.A. at (941) 906-1231.  Attorney Fred Jacobs is a Board Certified Tax Lawyer and can advise you on the use of trusts in your planning.

November 18, 2014
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Health Insurance Premium Rebates Under Obamacare in Florida

By Health

Question: Do policy holders really get a rebate of their health insurance premiums paid to the health insurance company? 

Answer: Part of the Affordable Care Act (ACA) was insurance company reform, and part of the reform was the “80/20 rule.” The 80/20 rule requires insurance companies to spend 80 cents of every $1 received in premiums on actual health care, such as paying doctors and other medical providers.  The amount over 80% is refunded to the policyholders.  In 2014 in Florida alone, $41,679,928 in total rebates were paid to 981,273 insured policy holders.  ABC News explains it here: http://abcnews.go.com/Politics/obamacare-health-insurance-rebates-check/story?id=19701785

November 14, 2014
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Negative Effect of Florida’s Refusal to Expand Medicaid Health Insurance

By Elder Law, Medicaid Planning

Question: Is Florida losing out because the state government won’t expand Medicaid health insurance under the Affordable Care Act?

Answer: Without getting too political on this hot button topic, the statistics speak for themselves. 1,000,000 Florida residents would benefit from Medicaid expansion in the state. And the inability of low income employees to get private health insurance will cost Florida employers between $145.7 million and $218.6 million in penalties. These penalties on employers would be avoided if these employees were eligible for Medicaid, which they would have been if Florida had expanded Medicaid. This is according to the Orlando Business Journal: http://www.bizjournals.com/orlando/print-edition/2013/05/17/how-to-expand-medicaid-save-florida.html?page=all

November 11, 2014
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Babette B. Bach, Esq. to Speak on End of Life Issues at Plymouth Harbor

By Elder Law, Firm News

Babette B. Bach, Esq., will present a program on end of life planning issues to residents of Plymouth Harbor on October 22, 2014.  The program will cover the legal issues that seniors should consider and the documents that are necessary to provide for a person’s wishes with regard to health care.

Bach & Jacobs, P.A. takes a personalized approach to holistically analyze a family’s situation and a client’s wishes.  Contact Bach & Jacobs, P.A. at (941) 906-1231 for an initial consultation.

October 16, 2014
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Babette B. Bach, Esq. to Lecture about Estate Planning for Parents of Children with Special Needs

By Estate Planning, Firm News, Government Benefits

Attorney Babette B. Bach will give a presentation on estate planning for parents of children with special needs on October 14, 2014 at the Lakewood Ranch YMCA.  Topics will include planning for a child with special needs with a particular emphasis on special needs trusts.

If you have a child with special needs and would like legal advice on how to properly plan for your child in your estate planning, please contact Bach & Jacobs, P.A. at (941) 906-1231 for an initial consultation.

October 14, 2014
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Alternative funeral/burial options: ‘Green’ Burials

By Elder Law, Estate Planning

Barbara Peters Smith, an excellent journalist in Sarasota, recently wrote a front-page article for the Sarasota Herald Tribune about the growing popularity of ‘green’ burials.  Such burials are an environmentally-friendly alternative to embalming and cremation.  Some land trusts in Florida have established ‘conservation cemeteries’ which provide families the opportunity to have an earth-friendly burial while supporting the conservation of environmentally sensitive land.  Bach & Jacobs, PA often include funeral preferences in the estate planning documents prepared for clients.  If you are interested in including the concept of green burials in your estate plan, contact Bach & Jacobs, PA to speak with attorneys Fred Jacobs and Sean Byrne, who have a background representing land conservation organizations and can provide you information about this option.  You can read Barbara Peters Smith’s article here: http://www.heraldtribune.com/article/20140906/article/140909768

October 7, 2014
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Beware of paying fees for information you can download for free from Florida County websites

By Elder Law, Tax Law

Question:  A few weeks after having a deed to my residence recorded in the public records, I received a “Recorded Deed Notice” from “Record Transfer Services” in California offering me a copy of my deed and a profile of my property for $83.  Do I need to pay this?  Is this a scam?

Answer:  The short answer is: No, you do not have to pay for these documents and it may be a scam.  In fact, in Sarasota and Manatee counties in Florida, you can obtain the very same information for free by downloading it from the county government websites.   The “notice” you received likely came from a private company.  Such correspondence may be from a private company trying to get you to pay for free public records.  These companies are required to have a disclosure admitting they are not a government agency.  The County Clerks of both Sarasota and Manatee provide electronic copies of deeds recorded in the last 20 years for free download. 

You can search the Sarasota County Clerk’s records here: https://clerkpublicrecords.scgov.net/RealEstate/SearchEntry.aspx and the Manatee County’s Clerk’s records here: http://www.manateeclerk.com/Chips/OfficialRecords/search.aspx

The County Property Appraiser and the County Tax Collector in each of those counties also provides a summary page of information about your property, including the assessed value, tax owed, and legal description—all for free on the agencies’ respective websites. For Sarasota County, the site is: http://www.sc-pa.com/testsearch and Manatee County, it is: http://www.manateepao.com/ManateeFL/search/commonsearch.aspx?mode=parid

October 1, 2014
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How to choose a healthcare plan on the Obamacare Marketplace?

By Health

Question:    How do I choose a health plan on the Obamacare Health Insurance Marketplace?

Answer:      Below are some basic questions to consider in evaluating a health insurance plan.

  • Is there out-of-network coverage?
  • Does that out-of-network spending accrue toward the member’s out-of-pocket maximum?
  • Do members need a primary care physician gatekeeper?
  • Are my current doctors participants in the plan’s ‘network’?

Kaiser Health News provides these and additional suggestions in an article found here: http://www.kaiserhealthnews.org/stories/2014/august/19/hows-a-consumer-to-know-what-health-plan-is-best.aspx

October 1, 2014
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