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Bach and Jacobs PA

What Happens If Someone Dies Without A Will in Florida?

By Elder Law, Estate Planning, Probate

Question: What happens when someone dies without a will in Florida?

Answer: When someone dies ‘intestate’ (without a will), the State of Florida has an established protocol and priority that sets forth how a decedent’s assets are distributed.  With an intestate estate, the decedent’s spouse typically receives half or all of the decedent’s estate.  The amount the spouse receives depends on other family dynamics, such as whether the decedent or the surviving spouse has children from a prior spouse.

If your spouse or parent has recently died without leaving a will, Bach & Jacobs can help guide you through the process of distributing your loved one’s assets.  If you need legal advice for estate planning or would like a review of your existing legal documents, including a prior will, please contact our office at (941) 906-1231 for an initial consultation.

August 11, 2013
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Is My Out of State Power of Attorney Valid In Florida?

By Elder Law, Estate Planning

Question: My parent executed a power of attorney document in another state that appoints me the attorney in fact.  As a Florida resident, can I use the out-of-state power of attorney document to handle my parent’s financial matters in Florida?

Answer: Yes, under Florida law a power of attorney executed in another state is valid in Florida so long as the execution met the requirements of either (a) the state of Florida or (b) the state where the document was executed at the time.  A third party, such as a bank or other financial institution, may require an opinion of counsel regarding the validity of the power of attorney if the out-of-state document does not meet Florida’s requirements.  If you have an out of state power of attorney document and are unsure of its validity, call Bach & Jacobs. We can have it reviewed so you can be sure the document meets the requirements of either Florida or the state where it was executed.

If you need legal advice for estate planning or would like a review of your existing legal documents, such as a power of attorney, please contact our office at (941) 906-1231 for an initial consultation.

August 11, 2013
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Sarasota is Part of Medicaid Experiment

By Long-Term Care, Medicaid Planning

Thousands of caregivers in Sarasota and Charlotte counties are receiving letters this month from the state, telling them they have 30 days to enroll their loved ones in Florida’s new Medicaid Long-term Care program.

The two counties are part of a sweeping experiment in managed long-term care that begins here on Sept. 1, affecting 5,596 Medicaid recipients in a seven-county area.

The goal: To cut Medicaid costs by gradually diverting more frail Floridians from nursing homes or assisted-living facilities and into home care.

To achieve this, private contractors will take over the state’s work of supervising cases and paying providers.

For the first year, contractors’ bonuses are linked to a modest 2 percent reduction in their share of the nursing home population, who receive 24-hour highly skilled care. The expectation is that these companies can move more Medicaid patients over time to less costly assisted-living facilities — or even back to their own homes, the cheapest option.

Click here to read the whole Herald Tribune article.

July 9, 2013
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Attorney Sean Byrne to Join Bach & Jacobs Sarasota, FL

By Firm News

Bach & Jacobs, P.A. is pleased to announce that Sean M. Byrne will be joining the firm this summer.

Mr. Byrne’s practice focuses on trust & estate planning, probate, guardianship, and elder law litigation. Mr. Byrne begins with Bach & Jacobs on July 22. Prior to joining Bach & Jacobs, Sean was the in-house counsel for the Conservation Foundation of the Gulf Coast where he provided options to landowners, high net worth individuals, and their financial advisors seeking to reduce federal income taxes and local property taxes through land conservation and philanthropy. Sean will continue to represent parties to real estate transactions involving environmentally sensitive lands.

Mr. Byrne is a member of the Florida Bar, the American Bar Association, the Southwest Florida Estate Planning Counsel, the Sarasota County Bar Association and the Young Lawyers Division. He is a graduate of Leadership Sarasota County and is the founder of the nationwide Next Generation Conservation Attorneys network, currently sponsored by the national Land Trust Alliance.

“Sean combines a sharp legal mind and a diligent work ethic with his genuine concern for senior citizens and their families. He will be an outstanding addition to our strong team of professionals who put our clients’ interests at the heart of everything we do,” said Babette B. Bach, founder of Bach & Jacobs and a Board certified attorney by both the Florida Bar and the National Academy of Elder Law Attorneys (CELA).

Bach & Jacobs practices estate planning, probate, guardianships, tax and business law, Medicaid, VA benefits and land conservation transactions.

Sean M. Byrne can be reached at (941) 906-1231 or at [email protected].

June 3, 2013
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Fredric Jacobs, Esquire to Lecture on Frequent Tax Issues

By Firm News, Tax Law

THE PROBATE & PUMPERNICKEL LUNCHEON

A Continuing Education Forum For Attorneys and CPA’s

LOCATION: The Francis- 1262 N. Palm Avenue, Sarasota, FL 34236

DATE: May 23, 2013

TIME: 11:45 AM- 1:30 PM

TOPIC: Some Federal Income Tax Issues Frequently Affecting Elderly Clients

PRESENTED BY: Fredric C. Jacobs, Esq. L.L.M.–Bach & Jacobs, P.A.

Respond  on or before May 19, 2013.  Call Lisa Aaron, Probate and Pumpernickel Coordinator, at 561-803-2007. The above qualifies for CLER and/or Board Certification Credits.

 

April 29, 2013
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Can an Adult Child Deduct the Medical Expenses Paid on Behalf of their Parent on their 2012 Tax Returns?

By Tax Law

Yes, a child can deduct medical expenses they paid on behalf of their parent (even if the parent doesn’t qualify as one of their dependents, doesn’t live with them and has a gross income that exceeds $3,800 for tax year 2012) if the child provided over half of the parent’s total support during the tax year. Assuming that the child paid more than 50% of their parent’s total support during this tax year, then the medical expenses paid on the parent’s behalf in excess of 7.5% of the child’s Adjusted Gross Income (AGI) are deductible on the child’s individual income tax returns as itemized deductions.

If you need legal advice for estate planning, Asset Protection Planning, or tax planning, please contact our office at (941) 906-1231 for an initial consultation.

April 10, 2013
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Babette B. Bach, Esq. to Speak for the Jewish Foundation of Sarasota-Estate Planning Sarasota

By Estate Planning, Firm News, Medicaid Planning, Medicare

Babette Bach will be the keynote speaker for a seminar March 20, 2013 at the Jewish Foundation in Sarasota. Topics will include estate planning and the basic recommended documents to have in place, Medicare and Medicaid Planning.

Ms. Bach is looking forward to speaking to the members of the community on such an important topic. She appreciates the invite to lecture.

If you need legal advice for estate planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

March 14, 2013
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Florida Senate Rejects Medicaid Expansion

By Medicaid Planning

A Florida Senate committee voted yesterday, March 11, 2013, against expanding Medicaid to roughly 1 million of the state’s poorest under the federal health overhaul and instead proposed a voucher plan that would require patients to pay premiums and co-pays.

Chairman Senator Joe Negron wants the state to create its own health insurance plan for the expanded Medicaid population and require recipients to pay a sliding scale premium based on their income.  However, he has admitted that this may take years to implement whereas the federal proposal is ready to begin January 1, 2014.

March 10, 2013
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Babette B. Bach, Esq. to speak for the Women’s Club of the Palm Aire Country Club

By Estate Planning, Firm News, Medicaid Planning, Medicare

Babette Bach will be the keynote speaker for a seminar March 15, 2013 at the Palm Aire Country Club in Sarasota. Topics will include estate planning and the basic recommended documents to have in place, Medicare and Medicaid Planning.

Ms. Bach is looking forward to speaking to the members of the woman’s club on such an important topic. She appreciates the invite to lecture.

If you need legal advice for Estate Planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

March 5, 2013
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PCIP Enrollment Suspension

By Health

Beginning February 16, 2013 the federally run Pre-Existing Condition Plan (PCIP) is suspending acceptance of new enrollment applications until further notice. State-based PCIPs may continue accepting enrollment applications through March 2, 2013, and then will suspend applications until further notice. PCIP will continue providing coverage to more than 100,000 people currently enrolled nationwide. We encourage you to visit http://finder.healthcare.gov to explore your health care options.

If you need legal advice for Estate planning, Asset Protection Planning, Medicaid or Medicare planning, please contact our office at (941) 906-1231 for an initial consultation.

March 5, 2013
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