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Elder law in Florida

How Do I Replace my Social Security Benefit Verification Letter?

By Asset Protection Planning, Elder Law, Long-Term Care, Medicaid Planning

In order to apply for Medicaid, you will need a current copy of your Social Security Verification Letter to confirm your gross benefit amount. These are sent to you in the mail each year. If you are unable to find a copy of the letter for the current year, you have three options:

  • Download your Benefit Verification Letter instantly online
    • Go to https://secure.ssa.gov/RIL/SiView.do
    • If you don’t already have an account, you can create one online. Go to Sign in or Create an Account.
    • In order to create an account, you will need to provide personal information to verify your identity, and choose a username and password
    • You can only create an account using your own personal information and for your own exclusive use. You cannot create an account for another person or using another person’s information or identity, even if you have that person’s written permission
    • Once you are logged in to your account, scroll down to the Benefits & Payments section and choose “Get Benefit Verification Letter”
    • From there, you can instantly view, print, or save your official letter
  • Call the National Security Hotline at 800-772-1213
    • You will need to provide your:
      • Name as it appears on your most recent Social Security card;
      • Social Security number; and
      • Date of birth
    • Hours of Operation: Monday-Friday 7:00 a.m.- 7:00 p.m.
  • Go to your local Social Security office
    • You can find your local Social Security office and their hours by entering your zip code at https://secure.ssa.gov/ICON/main.jsp
    • Make sure to bring a government issued photo ID, and your Social Security number.

If you have specific questions regarding asset protection planning and Medicaid eligibility, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

May 14, 2020
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Will the Stimulus Check Impact My Medicaid Eligibility?

By Asset Protection Planning, Elder Law, Government Benefits, Long-Term Care, Medicaid Planning

The recently enacted Coronavirus Aid, Relief, and Economic Security (CARES) Act provides for a direct payment of up to $1,200.00 to most taxpayers.  As the IRS begins to send out these payments, many Medicaid recipients are wondering how the stimulus checks will affect their Medicaid eligibility.

                The stimulus checks will be excluded as income and as an asset in the month of receipt and will continue to be excluded as an asset for 12 months following the date of receipt. This means that individuals receiving Medicaid benefits will be able to accept those payments without putting their benefits at risk.

Medicaid recipients are free to use the stimulus payments as they wish. Because the stimulus payment is excluded as an asset for 12 months from the date of receipt, it will not put the Medicaid recipient over the asset limit of $2,000.00. However, after the 12 months is over, any money remaining will be counted as an asset.

If you have specific questions regarding preserving your Medicaid eligibility, the experienced elder law attorneys of Bach, Jacobs & Byrne, P.A. are here to assist you. Call us at (941)906-1231 to set up a consultation.

May 12, 2020
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What is a Codicil, and How Does It Relate to Estate Planning?

By Estate Planning

A codicil is a document that supplements a Will that has already been created and is an estate planning tool that allows provisions to be made to said Will. People generally create a codicil to their Will if they want to modify certain terms of the Will without having to create a new one entirely or go through the process of updating said Will. Codicils are most useful for small, fairly inconsequential changes to a Will, such as a change of a beneficiary or additional burial instructions. If larger, more significant changes need to be made to a Will, it may be advisable to draft a new Will entirely or to talk to your attorney about the process of updating a Will.

If you have further inquiries, please contact our office at 941-906-1231 to schedule an appointment with one of our attorneys to discuss your estate and end-of-life planning.

July 24, 2018
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Are “Deathbed Wills” Valid in Florida?

By Elder Law, Estate Planning

A deathbed Will is one developed and executed when the individual creating the Will is facing imminent death. A deathbed Will may be created if someone experiences a rapid decline in health, whether it be due to an illness, accident or other factor, and does not have a current Will and/or estate plan in place. As long as the individual creating the Will is competent, a deathbed Will is considered as legally binding and valid in Florida as one that is drawn up in advance at an attorneys’ office. If a person is not competent at the time they create the deathbed Will or appears to have been unduly influenced by another individual, complications will likely arise, and the Will may be proven invalid in court.

Attorney Sean Byrne is a trust and probate litigator. Whether you are challenging or defending a Will or trust, you can contact Bach , Jacobs, & Byrne, P.A. to discuss your various legal options with regard to a Will or trust contest.

 

July 20, 2018
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What is a Will Caveat, and When Should I File One?

By Probate

Essentially, a Will caveat is an objection to a Will. A Will caveat provides an individual with the ability to present evidence that some aspect of a Will makes it legally invalid. Once the caveat is filed, this individual must be allowed to present evidence. If the individual who files the caveat presents information that proves the decedent was not competent or lacked the capacity to make a Will at the time the Will was executed, the Will may be voided. The Will also may be voided if an individual is able to provide information proving that someone was exerting undue influence of the decedent at the time the Will was executed.

July 13, 2018
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Voluntary Guardianship in Florida

By Guardianship

A voluntary guardianship may be established for a competent adult if they feel that they are incapable of managing their own estate due to age or physical limitation and voluntarily petition for this appointment. To appoint a voluntary guardian, the individual seeking this form of guardianship must file a petition with the court in order for a voluntary guardian to be designated. A voluntary guardianship remains valid and in effect until the death or incapacity of the petitioner unless it is subsequently revoked by the ward. Individuals may choose to appoint a guardian voluntarily if they no longer want to shoulder the responsibility of managing their own affairs or fear that an illness or disability will prevent them from doing so effectively.

 

July 10, 2018
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In 2018, Floridians will vote on whether to raise the Homestead Exemption

By Asset Protection Planning, Real Estate, Tax Law

As of May 2017, the Florida Senate has voted to put a proposal on next year’s ballot that will increase the Florida homestead property tax exemption from its current value of $50,000 to a value of $75,000. This exemption applies to homesteads worth $100,000 or more and this new bill will give Florida voters the opportunity to lower property taxes. According to estimates regarding the effect of this legislation, it has the potential to save 4.3 million Florida residents a total of $644 million and the average home owner would save approximately $170 annually.

If 60% of voters approve this legislation, this new exemption rate will take effect on the first of January in 2019. Though this bill has its fair share of opponents and supporters, it will now be up to Florida voters to decide if cutting property taxes is the right decision for the state.

June 26, 2018
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What is the Florida Homestead Exemption?

By Asset Protection Planning, Real Estate, Tax Law

The Florida homestead exemption is an asset protection tool implemented to protect homestead property. Your Florida homestead will be designated to procure certain exemptions from real estate taxes.

In order for you home to be considered your “homestead” in Florida, you must have a legal title to the home, the home must be your permanent residence and you must apply for the homestead exemption at the property appraiser’s office in the county where your home is located. A second home or property cannot be considered a homestead in Florida and properties that are titled in the name of irrevocable trusts, limited liability corporation companies, corporations or partnerships are also unable to qualify as homestead properties. However, property owned by a living trust or a land trust may qualify as homestead property in certain situations.

Currently, the Florida homestead exemption reduces the value of a home for assessment of property taxes by $50,000 for homes that are worth $100,000 or more. This means that, if a home is worth $100,000, it will be taxed as if it is only worth $50,000.

June 22, 2018
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World Elder Abuse Awareness Day

By Elder Law, Health

Today is World Elder Abuse Awareness Day. In Florida, with the growing senior population, elder abuse is an extremely prevalent social issue. Elder abuse can manifest itself in many forms, including but not limited to: physical abuse, emotional abuse, sexual abuse, exploitation, negligence and abandonment. Approximately 1 out of every 10 Americans over 60 has experienced a form of elder abuse, while only 1 out of every 14 cases of elder abuse is reported. Elderly individuals who have been mistreated have a 300% higher risk of death compared to seniors who have not been abused. Elder abuse can be prevented by educating seniors, health professionals, caregivers and families across the nation about this issue.

 If you suspect or know of any elder abuse that is occurring, report it immediately to the Florida Abuse Hotline, which receives reports 24 hours a day. You can also call 1-800-962-2873 or visit https://reportabuse.com.dcf.state.fl.us and file a report online.

 

June 15, 2018
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The New Estoppel Law

By Elder Law, Real Estate

Estoppel is the legal principle that prevents an individual from making assertions that are contradictory to their previous statements before the court or are contradictory to what has legally been established as the truth. Estoppel can operate by way of stopping someone from making a certain assertion in court, exercising a certain right, or from bringing a particular claim. In spring of 2017, two new bills related to estoppels in the context of homeowners associations cleared both Florida legislative chambers and have been in effect since July 1st, 2017. These bills are Senate Bill 398 and House Bill 483.

The following bullets explain the most noteworthy components of the legislation and the changes that these bills have made:

  • Associations have 10 days to produce an Estoppel certificate
  • Estoppel certificates must be valid for at least 30 days
  • Estoppel certificate fees cannot exceed $250 and rush fees cannot exceed $100
  • No fees may be charged for amending Estoppel certificates
  • Clarifies what must be included in an Estoppel certificate (more information must now be provided to the purchaser by the association)
  • Associations may still charge fees, but may be required to reimburse them if the property is not sold

These new bills are beneficial to title agents, buyers, sellers, closing agents and realtors by keeping costs lower and making the overall estoppel process move more quickly. Bach & Jacobs, P.A. provides title insurance of closing services for real estate transactions and can assist you if you purchase or sell real estate that is part of a homeowners or a condo association.

May 11, 2018
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