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Elder Law

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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What Happens If An Employer Discontinues Retiree’s Health Insurance Plan?

By Elder Law, Health, Medicare

Kaiser Health News recently answered readers’ questions about the Affordable Care Act and the federal Marketplace exchange, which has caused a lot of confusion for folks.  Here’s an excerpt From: http://www.kaiserhealthnews.org/Stories/2014/May/20/Andrews-IYH.aspx?p=1
Q:   I will be retiring this year from my company, before age 65. My company is dropping retiree health care in January, stating that retirees younger than 65 can elect coverage through the exchanges. Will the company be required to offer COBRA starting in January? I fear that coverage will be expensive through the exchanges since we will not be eligible for any subsidies due to my husband’s $200,000 income. He’s self-employed and covered under my company’s health plan.
A:  In general, if an employer discontinues its retiree plan, it’s not required to offer retirees the opportunity to extend their coverage for up to 18 months under the federal law known as COBRA, according to a Treasury Department official. The cancellation of your retiree plan will create a special enrollment opportunity for you to sign up for a plan on the health insurance exchanges. You won’t need the special sign-up period; however, since January is midway through the annual open enrollment period that runs from Nov. 15 through Feb. 15 when people can change plans anyway.
As you note, you won’t be eligible for subsidized coverage on the exchange because your husband’s income exceeds 400 percent of the federal poverty level ($62,920 for a couple next year). But it’s worth checking out plans on the marketplace anyway, says Laurel Lucia, a policy analyst at the Center for Labor Research and Education at the University of California, Berkeley. Depending on your health needs, a marketplace plan might be a better fit. “The typical job-based plan resembles a gold or platinum marketplace plan, but on the marketplace they’d have the option of buying silver and bronze level plans as well,” she says. Many individuals find the costs of Marketplace plans are much more affordable than COBRA plan rates.

July 23, 2014
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Impact of the Supreme Court’s Windsor Decision on ACL

By Elder Law, Long-Term Care

Question: What is the impact of the Supreme Court’s Windsor decision regarding same sex marriage on people participating in programs administered by the Administration for Community Living?

Answer: We are pleased to report that in May 2014, the Administration for Community Living (ACL), a federal agency within the Department of Health and Human Services, issued guidance applicable to all ACL grantees concerning the federal government’s policy on same-sex marriages. ACL will now to treat same-sex marriages the same as opposite sex marriages to the “extent reasonably possible.” Important to note is that ACL will recognize a legal marriage, regardless of whether the individuals are domiciled or reside in a state or territory that does not recognize the marriage. This was motivated by the Supreme Court Decision in United States v. Windsor. The ACL’s full Windsor-related guidance is available at: http://www.acl.gov/Funding_Opportunities/Grantee_Info/docs/Community_Living_Guidance.pdf

June 24, 2014
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Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

By Elder Law, Guardianship

Question: Can a Foreign Guardian Manage an Incapacitated Person’s Property in Florida?

Answer: A foreign guardian is a guardian appointed in another state or country.  A foreign guardian may manage property located in Florida upon petitioning the Florida court for an order allowing them to manage the ward’s Florida property.   Managing the property would include any actions necessary to obtain, administer or dispose of real property, intangible property, business property, benefits and income according to §744.102 (12)(a) of the Florida Statutes.  The court may require an additional bond if the foreign bond is insufficient to cover the ward’s Florida property.

If you need assistance or information regarding a Foreign Guardianship, please contact our office for an initial consultation.

April 29, 2014
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Do I Need a Lawyer to Help Me with my Medicaid Application?

By Elder Law, Medicaid Planning

Q: When do I need an attorney or lawyer to help me with a Medicaid application?

A:  You should seek the help of a licensed attorney who is experienced in Medicaid planning to learn about your qualification for Medicaid under Florida law.  An advisory opinion has been submitted to the Florida Supreme Court that finds it constitutes the unlicensed practice of law for a nonlawyer to render legal advice regarding the implementation of Florida law to obtain Medicaid benefits.  While federal law authorizes nonlawyer assistance in the application process, it is not advisable for you to pay a nonlawyer give you legal advice about your qualification for Medicaid, to draft a personal service contract and to determine the need for, prepare, and execute a qualified income trust including gathering the information necessary to complete the trust.  Contact Babette Bach, a Florida Board Certified Elder Law Attorney, to set up an appointment to review whether you may qualify Medicaid. To learn more about the full opinion submitted by the Standing Committee on Unlicensed Practice to the Florida Supreme Court, click on this link to the Florida Bar website.

April 11, 2014
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When is ancillary administration necessary for non-Florida residents who die owning real estate in Florida?

By Elder Law, Estate Planning, Probate

Question:     When is ancillary administration necessary for non-Florida residents who die owning real estate in Florida? What are the options for ancillary administration?

Answer:    When a resident of another state dies owning real estate in Florida titled in the decedent’s name, probate proceeding must be commenced to validly transfer the property after the death.  This is the case even if a personal representative has been appointed in the decedent’s home state.  If the decedent left a will, any person may petition to admit the Foreign Will to Record in the Florida County where the property is located.  The person petitioning for admission of the will should have “authenticated copies” (learn more about authenticated copies here).  The probate court will appoint an ancillary personal representative who is qualified under the Florida Probate Code who will administer the ancillary probate for the Florida estate. There are other options available to certain ancillary estates that have  values less than $50,000 called short form ancillary administration.  There is also a proceeding called summary administration available to estates with property subject to Florida probate that are worth less than $75,000.  If you are seeking to administer the Florida assets of a non-Florida resident decedent who has died, contact Bach & Jacobs, P.A. to learn which options are available to you under Florida Law.

March 14, 2014
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Am I eligible to apply for the higher Social Security income of my ex-spouse after they die?

By Elder Law, Government Benefits

Question: My ex-husband has died.  Can I apply for his Social Security income, which is higher than mine?

Answer: If you are the divorced spouse of a worker who dies and your marriage lasted for 10 years or more, you could get the same benefits as a widow or widower, regardless of whether your ex-spouse remarried!

Benefits paid to you as a surviving divorced spouse who meets the age or disability requirement as a widow or widower will not affect the benefit rates for other survivors getting benefits on the ex-spouse’s record.
Note:  If you remarry after age 60 (age 50 if disabled), it will not affect your eligibility for survivors benefits.

January 31, 2014
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How to Apply for the Higher Social Security Income of a Deceased Spouse

By Elder Law, Government Benefits

Question:     My spouse has died.  How do I apply for the higher Social Security income?

Answer:    When your spouse dies you are entitled to receive his or her social security retirement income if it is higher than yours.
You can apply for benefits by visiting your local Social Security office or you can call the national toll-free service at 1 (800) 772-1213.  It is recommended that you call ahead to schedule an appointment to reduce your wait time but an appointment is not required.
You will be asked to provide documentation to show proof of your eligibility.  Below is a list of documents which may be requested:
•    Death Certificate;
•    Birth Certificate or other proof of birth;
•    Proof of U.S. citizenship or lawful alien status if you were not born in the United States;
•    U.S. Military discharge papers if you had military service before 1968;
•    U.S. Military discharge papers;
•    W-2 forms and/or self-employment tax returns for last year;
•    Final divorce decree, if applying as a surviving divorced spouse; and
•    Marriage certificate

January 28, 2014
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