Skip to main content
Tag

Elder law in Florida

Estate Planning for a Vacation Home

By Estate Planning

When you are going about Estate Planning, deciding what to do with a vacation home can seem daunting. If you decide to leave it to one (or more) of your family members, it is important that you discuss this with them. There are several choices you can consider when deciding what to do with your vacation home. If you choose an outright transfer, your home will be given to one (or several) of your loved ones as a gift, but there may be adverse tax consequences of doing so.  Another option would be to place your home in an LLC made up of your family members. If you choose this method, you could have a family member manage the property and allow one or more of your family members to utilize it. You could also transfer your vacation home to a QPRT (Qualified Personal Residence Trust), in which you transfer your home to a family member in exchange for continual rent-free use for a specified term. This is a popular choice because it can reduce the amount of a gift or estate tax.  Another option is gifting your home to an irrevocable trust, which would have rules regarding the use and expenses of the home among the beneficiaries.

Estate Planning comes with a large variety of options and complications. Please contact our office at: 941-906-1231 if you need assistance with your Estate Planning or have questions.

October 17, 2017
Love0

What is a QPRT?

By Estate Planning, Real Estate

A Qualified Personal Residence Trust (QPRT) is a lifetime transfer of a personal residence in exchange for rent-free use of said residence during the trust term. When that term comes to an end, the home passes to the intended beneficiary or beneficiaries. If you are still living at the end of the specified term, you have the option to have the home distributed amongst your loved ones or put into a trust for them. This is a popular estate planning method for individuals that want to give their vacation homes to family members when they pass away because it can reduce the gift or estate tax cost that comes with transferring a residence. Both residence and vacation homes can qualify as QPRTS and often more than one home can be protected.

If you think that a Qualified Personal Residence Trust may be the right choice for you, or need assistance with any Estate Planning matters, contact our office at 941- 906-1231 to schedule an appointment with one of our attorneys.

October 13, 2017
Love0

What Does Losing a Spouse Mean Financially?

By Asset Protection Planning, Estate Planning

Losing a spouse is, undoubtedly, one of the most devastating experiences a person can face and is difficult to even contemplate. However, it is important to consider and plan for the financial implications of a spouse passing before that day arrives. Then, when that unfortunate time comes, your sole focus can be on grieving and healing rather than facing financial turmoil or stress.

The first step you can take when approaching this matter is to speak with your spouse and ensure that both of you understand what assets you have (as a couple and individually), as well as where they are located. It is also important to discuss whether or not there are life insurance policies in place, who you will each be naming as survivor beneficiaries, and whether or not either of you has a pension or retirement plan. This helps to provide you both with an understanding of what you have individually, what you have as a couple, and what each of you will have when the other passes.

The next step is to gather important documents and put them all in a secure, memorable location that you will be have easy access to if needed (ex: a locked filing cabinet in your home or a safety deposit box). Documents you may need include: each spouse’s Will and a list of assets, all insurance policies, social security numbers, your marriage certificate, your children’s birth certificates, titles on vehicles as well as properties, and any relevant Estate Planning documents.

If you need assistance with the creation and development of Estate Planning documents or if you have questions, the skilled attorneys at Bach & Jacobs are experienced in Estate Planning. For help regarding these matters, contact our office at 941- 906-1231 to schedule an appointment with one of our attorneys.

October 10, 2017
Love0

The Florida Electronic Wills Act Vetoed By Governor

By Elder Law, Estate Planning

The Florida Electronic Wills Act, which the legislature intended to take effect on July 1st, 2017, was vetoed on June 26th by Florida’s Governor. This Act would have allowed remote technology to assist in the witnessing and notarization of Wills. It also included the specification that electronic Wills of residents and non-residents may be probated in Florida. The Governor stated that his reasons for the veto were that the Act would have displaced safeguards against fraud and would overly burden the court system in Florida. He also urged legislatures to address the issues that he identified and create improved legislation that would solve these problems.

 

If you need assistance in developing a Will or with any other Estate Planning matters, please contact our office at 941-906-1231 to schedule an appointment with one of our attorneys.

October 6, 2017
Love0

The Difference Between a Living Will and a DNR

By Estate Planning

To ensure that your end-of-life wishes are carried out in a manner that comports with your wishes, it is important to understand the difference between a Living Will and a DNR (Do Not Resuscitate Order).

 

A DNR is a medical document that must be signed by both you and your physician in order to be considered valid and in effect. This document asserts that you do not want to be resuscitated if you die, and one can be obtained at your physician’s office. Additionally, a DNR tells the medical staff that is responsible for treating you, should your heart or lungs give out, not to perform CPR or implement a breathing tube. The original copy of this document must be visible to the EMTs to stop them from trying to resuscitate you. Most individuals that choose to have DNRs are those suffering from long-term illnesses or that are very old and want to maintain their dignity in death.

 

A Living Will is a legal document that details an individual’s end of life desires in regard to their medical treatment if they become incapacitated or unable to express informed consent. A Living Will is implemented so that you are still able to make important health care decisions, such as whether you want to be kept alive via life support, in the event that you are unable to communicate those wishes yourself.

 

A Living Will and a DNR serve different purposes and can ensure that your wishes are expressed in the most clear and concise manner possible. For help regarding these matters, contact our office at 941- 906-1231 to schedule an appointment with one of our attorneys.

October 3, 2017
Love0

What Is The “Florida Fiduciary Access to Digital Assets Act” and Why Is It Important In Today’s World?

By Asset Protection Planning, Estate Planning

In March of 2016, Florida adopted a new law, entitled the “Florida Fiduciary Access to Digital Assets Act”. This law went into effect in July of 2016 and contains rules regarding the management and disbursement of digital assets by a fiduciary upon the death of an individual. This gives individuals the ability to specify what it is that they want to do with their digital assets, which simplifies the process of Estate Planning. The overarching goal of the “Florida Fiduciary Access to Digital Assets Act” is to give people the power to plan for the management of their digital assets if they die or become incapacitated. It accomplishes this goal by authorizing fiduciaries to either access, control, copy or delete an individual’s digital assets after their passing, according to the wishes set forth by said individual. The “Florida Fiduciary Access to Digital Assets Act” also gives the custodians of digital assets the authority to communicate and interact with the fiduciaries of their users without breaching any privacy expectations. Before this law was introduced, Florida did not have any legislation that specifically addressed the access of digital assets by a fiduciary upon an individual’s death or incapacity.

September 19, 2017
Love0

What Are Digital Assets And Why Are They Important?

By Asset Protection Planning

A digital asset is content owned by a person that is stored in digital form. Generally, digital assets relate to data or information that is stored on a device such as a smart phone or computer. Types of digital assets include, but are not limited to: photographs, presentations, spreadsheets, word documents, email, online banking, credit cards, or social media accounts. Digital assets are just as important as physical assets because they have financial and/or personal value to their owners. It is important to address the conveyance of your digital assets, which can be done in your Will. The attorneys at Bach & Jacobs specialize in Estate Planning and can help you develop a Durable Power of Attorney and a Will that not only address who will have access to your digital assets, but also clearly express your wishes for the transfer of your various assets when you pass away.

If you would like more information or have questions regarding asset protection or estate planning, please contact our office at: (941) 906-1231.

September 15, 2017
Love0

Estate Planning Series: What Is Estate Planning and Why Is It Important?

By Estate Planning

The term Estate Planning refers to the act of preparing for the transfer of a person’s wealth and assets after they pass away. Your “estate” consists of all of the property you owned at your time of death, including but not limited to: real estate, bank accounts, stocks, life insurance policies and personal property. Estate planning is essential because it prevents your assets from ending up with unintended beneficiaries, protects your family and can minimize the amount of taxes that need to be paid for your beneficiaries to receive your property. Additionally, Estate Planning establishes what kind of funeral arrangements that you want, states what kind of life-prolonging medical support you wish to receive if incapacitated and avoids the time as well as the costs associated with probate proceedings. Estate Planning is a way to ensure that your wishes for your assets are honored after you pass away, and can greatly reduce the amount of stress and uncertainty your loved ones will be faced with when you die. Grieving is difficult enough without having to handle a myriad of complex decisions, and Estate Planning can help your family minimize their stress in difficult times such as these.

The skilled attorneys at Bach & Jacobs are experienced in Estate Planning, so if you need assistance or have any questions, please contact our office at (941) -906-1231.

September 12, 2017
Love0

Florida Congresswoman Proposes An Elder Abuse Registry

By Elder Law

In her time as a Florida U.S. Representative, Congresswoman Gwen Graham introduced legislation to create a national registry that identifies individuals who have been convicted of elder abuse. Under this proposal, the Justice Department would develop a registry that individual states could use to create their own list of offenders. This list would be public and searchable, so that any person or company looking to hire a care-giver for an elderly individual would be able to see if any of their potential hires had committed elder abuse in the past.  Supporters hope that if this registry were to be implemented, it could help to greatly reduce the instances of elder abuse by keeping individuals convicted of this crime from working with the elderly. Across the country and in Florida especially, elder abuse is a highly prevalent issue that cannot be ignored. The safety of our seniors’ matters; it is important to explore ways to end the cycle of elder abuse and to hold individuals who commit crimes against the elderly accountable for their actions.

September 8, 2017
Love0

What is Medicaid?

By Medicaid Planning

Medicaid is a joint federal and state program that provides health coverage to millions of low-income individuals and their families across the nation. Medicaid  is the single largest source of health coverage in the United States and, although Medicare is the primary medical coverage provider for the elderly, the Medicare and Medicaid programs work together to provide medical coverage to senior citizens. Florida Medicaid provides a broad level of health insurance that covers services including, but not limited to: doctor’s visits, hospital visits, home health care, hospice, nursing home services, dental services, vision services and prescription drugs. Both the state and the federal government share the cost of the Medicaid program. In Florida, Medicaid services are administered by the Agency for Health Care Administration. If you think that you may qualify for Medicaid, you can apply at: http://www.myflorida.com/accessflorida/ .

The skilled attorneys at Bach & Jacobs specialize in Medicaid Planning, so if you need assistance or have any questions, please contact our office at (941) -906-1231.

August 25, 2017
Love0