Skip to main content
Tag

Elder law in Florida

Elder Exploitation – Fla. Stat. §825.1035 – Who does the law protect?

By Elder Law

In July 2018, a new statute, §825.1035 Fla. Stat., created a cause of action for an injunction for protection against the exploitation of a vulnerable adult. The law is targeted at protecting “vulnerable adults.” According to §415.102(8) Fla. Stat., a vulnerable adult is “a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.” It is important to note that this definition does not necessarily require that the person lack capacity to be considered a vulnerable adult.

If you believe that a Florida senior may be the victim of financial exploitation, contact the attorneys at Bach, Jacobs & Byrne, P.A. to discuss your options and legal remedies to end the abuse. Call (941) 906-1231 to schedule an appointment.

May 21, 2020
Love0

My Dead Relative Received a Stimulus Check. How Do I Return It?

By Elder Law, Government Benefits, Probate, Tax Law

According to the IRS, stimulus payment made to someone who died before receiving it should be returned to the government. If the payment was made to a single filer, the entire payment should be returned. If the payment was made to joint filers, and one spouse had not died before the receipt of the payment, only the portion of the payment made on account of the decedent should be returned. This amount will be $1,200.00, unless the joint adjusted gross income exceeded $150,000.00.

If the payment was a paper check and you have not cashed it:

  1. Write “Void” in the endorsement section on the back of the check.
  2. Mail the voided Treasure check to the appropriate IRS location, based on your state of residence. This information can be found at https://www.irs.gov/coronavirus/economic-impact-payment-information-center#more. If you live in Florida, the check should be mailed to:

         Austin Internal Revenue Service

3651 S. Interregional Hwy

Austin, TX 78741

  1. Do not staple, bend, or paperclip the check.
  2. Include a note stating the reason for returning the check.

If the payment was a direct deposit, or if the payment was a paper check and you have cashed it:

  1. Submit a personal check, money order, etc., payable to “U.S. Treasury,” immediately to the appropriate IRS location, based on your state of residence. This information can be found at https://www.irs.gov/coronavirus/economic-impact-payment-information-center#more. If you live in Florida, the check should be mailed to:

         Austin Internal Revenue Service

3651 S. Interregional Hwy

Austin, TX 78741

  1. Write “2020EIP” and the deceased recipient’s social security number on the memo line of the check.
  2. Include a brief explanation of the reason for returning the payment.

Fred Jacobs is a Florida Board Certified Tax Lawyer.  Contact Fred at Bach, Jacobs & Byrne, P.A. to discuss tax planning for you and your family. Call (941) 906-1231 to schedule an appointment.

May 20, 2020
Love0

What are the 2020 ICP Medicaid Figures for Skilled Nursing Care?

By Asset Protection Planning, Elder Law, Medicaid Planning

Some ICP Medicaid eligibility figures for seniors in need of long term-care are tied to inflation. Each year, the Centers for Medicare and Medicaid Services release the updated eligibility figures. As of April 1, 2020, the eligibility standards are as follows:

Single Applicant Resource Allowance: $2,000

Institutional Spouse Resource Allowance: $2,000

Maximum Community Spouse Resource Allowance: $128,640

Minimum Monthly Maintenance Needs Allowance: $2,114

Maximum Monthly Maintenance Needs Allowance (this is the maximum spousal diversion allowed): $3,216

If you need legal advice for Medicare or Medicaid planning, estate planning, probate and trust administration or VA benefits, 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 18, 2020
Love0

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
Love0

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
Love0

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
Love0

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
Love0

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
Love0

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
Love0

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
Love0