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Estate Planning

Is it a good idea to have joint ownership of bank accounts?

By Asset Protection Planning, Estate Planning, Medicaid Planning

As you get older, you may find yourself needing assistance paying bills and managing finances. Oftentimes, seniors will add their children and loved ones as co-owners to bank accounts. It is important to know that there are advantages and disadvantages to having joint ownership of bank accounts.

A joint owner has complete access to your account and can make any withdrawals he or she wishes to make. The joint owner can make these withdrawals and write checks without your permission. While this may not cause any problems with a trusted person as your co-owner, it can lead to bad circumstances if the person is acting against your interest. It is also important to remember that your assets in the joint account are reachable by your co-owner’s creditors once their name is on the account.

A common misconception regarding Medicaid and jointly-owned accounts is that Medicaid will see the account as being owned in half by the applicant and half by the co-owner. However, the case is actually that Medicaid will view the account as belonging solely to the applicant. Thus, the Medicaid applicant has the job of proving otherwise.

Lastly, when you pass away, the remaining assets in the account will become the property of the co-owner, regardless of whether you want them passed along to that individual. While that is an easy and convenient method of transferring assets, it can problematic if you want them to be given to or shared with someone else.

When you consult with a Bach & Jacobs, P.A. attorney about your estate plan, they will analyze the titling of your assets and advise you whether joint titling is appropriate given your objectives and goals.

Planning for a Spouse’s Death

By Asset Protection Planning, Estate Planning

The death of a spouse is a somber and challenging topic to discuss, however, it is crucial to do so in order to secure your finances and estate.

While you and your spouse may have already prepared documents such as powers of attorney and advance directives, there are several other areas of end-of-life planning for which you should discuss and prepare.

In the ever-changing digital world we live in, it is very important that both you and your spouse know the passwords and specifics to your online accounts and digital assets. Passwords can be easily lost and forgotten so make sure they are written down in a protected space. Not only should passwords be kept safe, but also account numbers, key contacts, and PIN numbers. It is also a good idea to keep important documents such as birth and marriage certificates, vehicle titles, life insurance policies, and mortgage documents in a safe and organized place.

Lastly, both spouses should be familiar and comfortable with your financial advisors and actual finances. Oftentimes, couples will delegate financial accounting to one partner who will do the taxes and be responsible for important financial information. While this may be a convenient system, it is leaving one spouse in the dark about their finances and assets. By sharing the responsibility of financial accounting, couples can properly prepare for end-of-life care and financial management.

Florida Senate adopts several elder care bills

By Elder Law, Estate Planning, Government Benefits, Guardianship

Bill 0080 — Relating to Family Trust Companies

  • This bill revises the Family Trust Company Act to require that all family trust companies apply as a licensed family trust company, register as a foreign licensed family trust company, or stop doing business by December 30, 2016 in the state of Florida.
  • It also requires the family trust company to have at least three directors/managers, with at least one of those directors/managers being a resident of Florida.

Bill 0232 — Relating to Guardianship

  • The passing of this bill renames and expands the Statewide Public Guardianship Office to the Office of Public and Professional Guardians, giving it the responsibility of the administrative duty of writing the rules for the regulation of professional guardians.
  • The bill establishes stricter regulations of professional guardians, who previously have not been closely supervised by the state

Bill 0494 — Relating to Digital Assets

  • Dubbed the “Florida Fiduciary Access to Digital Assets Act,” this bill allows fiduciaries to manage and control digital assets the same way they manage tangible assets.
  • This bill also grants custodians of digital assets the right to interact with the fiduciaries in order to honor the fiduciaries’ requests
  • Lastly, Bill 0494 allows for courts to authorize a guardian the right to access the digital assets of a ward, if the circumstances permit

Bill 1335 — Relating to Long-term Care Managed Care Prioritization

  • This bill not only requires the Department of Elderly Affairs to keep a wait list for the enrollment for community-based services, but also requires the DEA to prioritize individuals through a frailty-based screening tool.

These bills took effect July 1, 2016.

How To Choose a Funeral Plot

By Estate Planning

When choosing a funeral plot, it is important to plan ahead in order to prevent spouses and relatives from undue stress during times of grief. During periods of mourning and grief, it is challenging for loved ones to think clearly and make big decisions. By planning ahead, you can save your loved ones from stress and have more control over the process of choosing the cemetery.

Before deciding on a funeral plot, you should be thorough in researching the location, amenities, prices and reputation of the cemetery. It is also important to consider the two categories of cemeteries: private and public. At privately-owned cemeteries, it is state law that 10% of the purchase price goes to a trust fund for maintenance of the property monitored by the state.

Public cemeteries include cemeteries used by the community, neighborhood or church. For public cemeteries, check to make sure that the organization that manages it is fiscally sound. While the cemetery may currently seem to be in a good state, there are problems that it could experience in the future.

How is the appointment of a health care surrogate part of an advance directive?

By Elder Law, Estate Planning, Medicaid Planning

It is important for everyone, young and old, to plan for both end-of-life care and unforeseen medical problems. There are certain documents you can prepare to appoint a trusted person to assist you with health care decisions if you are incapacitated.

 

Health Care Surrogate

A great first step in preparation for this is to designate a health care surrogate. A health care surrogate is an appointed individual who makes health care decisions for you when you become unable to make them yourself. This individual advises doctors and makes important medical decisions for you. Your living will and appointment of a health care surrogate are two documents that can guide your health care decision-making. A health care surrogate does not have any control of your finances unless indicated. Typically, you would designate a durable power of attorney to have access to your finances.

 

If you have further questions about this topic or setting up your estate and end-of-life documents, contact one of our experienced estate planning attorneys at (941) 906-1231.

Florida Intestate Rules: Children born through Assisted Reproductive Methods

By Elder Law, Estate Planning

A still developing area in Florida estate planning involves the rights of children born through assisted reproductive methods to the decedent’s estate. Assisted reproductive methods include in vitro insemination, artificial insemination, and donated eggs.

According to Florida law, a child born through assisted reproductive methods “shall not be eligible for a claim against the decedent’s estate unless the child is provided for in the decedent’s will.”

And Florida, among many other states, has an intestacy law (FLS § 742.17) that specifically denies inheritance rights to posthumously conceived children. However, if the children are provided for in the will, they gain back their inheritance rights.

In 2012, in a unanimous 9-0 decision, the Supreme Court ruled in Astrue v. Capato that children born after the death of their father were not entitled to Social Security benefits. This was decided due to the fact that the father passed away in Florida and the state’s intestacy laws prohibit posthumously conceived children from inheritance.

If parents in Florida wish to provide for a child born through assisted reproductive methods or conceived posthumously, then it is crucial that the parent explicitly provide for the child in the last will and testament.

If you have further questions regarding estate planning to benefit a child born through assisted reproductive methods, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

Florida’s Medicaid Penalty Factor to Increase Effective June 1, 2016 by Babette B. Bach, Esquire, Sarasota, Florida

By Elder Law, Estate Planning, Medicaid Planning

As of June 1, 2016 the Department of Children and Families has amended their Medicaid rules to increase the penalty divisor for uncompensated transfers (i.e. gifting) from $8,346 to $8,662. This new penalty divisor reflects the estimated monthly average cost of skilled nursing home care in the state of Florida. Any transfer for less than fair market value made within 60 months (5 years) of applying for Medicaid will be subject to a penalty. For example, if someone gifted $86,620 within the 60 months, it would result in 10 months of ineligibility for Medicaid.
Anyone who anticipates needing to apply for Medicaid for skilled nursing home care costs should avoid gifting and should not gift without consulting with a board certified elder law attorney. It may be possible to avoid this penalty with good planning.
Contact our office to schedule an initial consultation for any of your Medicaid Planning, Estate Planning, or Veterans Benefits needs.

Babette B. Bach, Esquire, Board Certified Elder Law
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile
www.bachjacobs.com

How does Divorce affect Intestate Succession in Florida?

By Elder Law, Estate Planning, Probate

            When a divorce is finalized, a former spouse’s right to an inheritance through Florida’s intestacy laws ends.  This means that if a spouse dies without a will and their estate goes through probate, the surviving ex-spouse would have no right to an inheritance if a divorce had been finalized prior to the death.  However, if a divorce is still in progress but not finalized at the time of death, the surviving spouse has full rights to their inheritance as defined by Florida’s intestate succession rules.