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Elder law in Florida

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
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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
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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
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How to Obtain “Uncollectible” Status if you Owe Back Taxes

By Tax Law

As a senior citizen, it can be difficult to pay normal living expenses each month. If you also have past-due taxes that you cannot afford, they become a constant worry and hindrance. However, there are ways to help resolve this issue. The IRS is able to designate your account as “Currently Not Collectible” (CNC) if you have a low-income. As long as you have CNC status, you do not have to pay your past-due income taxes for the periods described below, as applicable, but you will still be able to remain current in tax compliance. Once you obtain CNC status, it will be maintained for at least one year. However, if you are a retiree, it is very possible that your status will be labeled as “indefinite”, since it is likely that your income will remain constant.  If you have an extremely low income, being granted CNC status could be as simple as calling the number on the IRS collection notice and asking an IRS collector to file form 53 (this form can only be filed by an IRS official). If you do this, you will not need to file an excessive amount of paperwork. However, you may have to complete IRS form 433-A. This form demonstrates that you don’t have a high enough surplus of income, after paying living expenses, to pay your taxes. If you aren’t sure whether or not you qualify for uncollectible status, the IRS website has articles that include the national standards for items such as food, clothing, transportation, housing and utility expenses.

If you need further assistance with any tax matters, our attorney Frederic C. Jacobs is Florida Board Certified in Tax Law and is happy to help. To contact our offices, please call: 941-906-1231.

August 22, 2017
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Probate Court Series: Can I Avoid Probate?

By Asset Protection Planning, Estate Planning, Probate

Probate proceedings can be very time consuming, make assets inaccessible for months, and involve the filing of documents and information in court that you may want to keep private. There are also legal fees involved in a probate proceeding that may be minimized or eliminated by alternatives to transfer assets after death.

If you have further questions or would like to talk about options for transferring assets outside of probate, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

August 18, 2017
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Probate Court Series: What is a Probate?

By Probate

Probate is the legal process following someone’s death that involves the payment of the decedent’s debts and the transfer of assets to beneficiaries.

The process includes:

  • Proving that the deceased’s Will is valid
  • Locating and taking inventory of all property of the deceased
  • Appraising the property once it is located
  • Ensuring that all debts and taxes are paid
  • Distributing the remaining property according to the will or as determined by the state if there is no Will.

If you have further questions, contact our office at (941) 906-1231 to schedule an appointment with one of our attorneys.

August 15, 2017
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Long term care planning series: Planning Before a Crisis

By Long-Term Care

The best long term care options are available through early planning. We care a great deal for our clients and try to help make transitions as seamless as possible for them. We recommend planning prior to these issues, so that when difficult issues arise things go as smoothly as possible. Typical estate planning involves the distribution of a person’s assets after they pass away. Here at Bach and Jacobs we have additional focus on end of life planning and encourage you to contact us to review your plans before crisis hits. However, we will also help you navigate emergency senior care issues as well. Because we want to help you plan for all of life’s possibilities and protect you and your investments, we include irrevocable trusts that are designed specifically for that purpose.

If you have further questions, contact our office at: 941- 906-1231 to schedule an appointment with one of our attorneys.

 

August 8, 2017
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Understanding the Parts of Medicare: Medicare Part D

By Medicare

Medicare part D provides outpatient prescription drug coverage. This part of Medicare is optional and is offered through private companies, which are certified by centers for Medicare/Medicaid services each year. If you want Medicare Part D coverage, you can either apply for a stand-alone plan or, if you have Medicare Part C coverage, you can get your Part D coverage through a Medicare Advantage Plan. Medicare.gov has an excellent program to assist you in choosing the best plan given your geographic location and your current prescriptions.

 

August 1, 2017
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What to Know About Having Witnesses Present at Your Will Signing

By Estate Planning

When you create a Will, you must obtain signatures from at least two witnesses at the time you sign it for it to be considered valid. The purpose of having two witnesses is so that, if the validity of your Will is ever challenged, they can both attest to your state of mind. These witnesses do not have to read your Will or even be aware of its contents, they just have to be able to certify that you were competent when you signed it. If you are working with an attorney, they should make you aware of this information and help explain the process of having a document witnessed. However, it is good to know some general information regarding rules for witnessing so that you feel more prepared when the time comes to make your Will official or update it.

If you would like to choose your own witnesses, be careful who you pick. Select individuals that are credible and will likely live longer than you, in case they are later asked to testify about the validity of your Will. If possible, avoid having beneficiaries of your Will also be witnesses, as this could be considered a conflict of interest. However, having a beneficiary or interested person witness the Will does not automatically invalidate the Will. If you would rather not choose witnesses, the attorney that you have been working with will likely have paralegals or legal assistants on-hand that can serve as credible witnesses. This eliminates the added stress of having to choose your own witnesses and bring them to the signing. At Bach & Jacobs, members of our team generally serve as witnesses during Will and trust signings.

Make sure you have the right number of witnesses, as every state requires that you have two individuals sign your Will in order for it to be legally binding. Additionally, these witnesses must sign your Will in front of you. Generally, your witnesses will sign the Will immediately after you do.

February 9, 2017
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