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Elder Law

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

By Asset Protection Planning, Real Estate, Tax LawNo Comments

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 LawNo Comments

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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Babette B. Bach, Esq. Receives the Lifetime Achievement Award

By Elder Law, Firm NewsNo Comments

Babette B. Bach, Esq. received the Lifetime Achievement Award from the Florida Bar Elder Law Section during the Florida Bar’s annual convention in Orlando on June 15.  Babette was presented with the award by current chair Collette Small and past chair Emma Hemness, who gave a personal introduction.  In her acceptance speech, Babette spoke about the importance of having a progressive management style that inspires loyalty from staff and clients.  Babette’s family and law firm staff were in attendance for the award ceremony in Orlando. Babette is a Florida Bar Board Certified Elder Lawyer and a Certified Elder Law Expert by the National Elder Law Foundation.  Babette was the Chair of the Florida Bar Elder Law Section from 2009 to 2010 and the Chair of the Sarasota County Bar Association’s Estate Planning and Probate Section from 2016-2017.  She is the founder of Bach, Jacobs, & Byrne, P.A. in Sarasota.

June 22, 2018
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World Elder Abuse Awareness Day

By Elder Law, HealthNo Comments

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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What is a Qualified Domestic Trust (QDOT)?

By Asset Protection Planning, Estate Planning, Tax LawNo Comments

A qualified domestic trust (QDOT) is a marital trust utilized for the benefit of a spouse that is not a U.S. citizen. This type of trust allows a non-U.S. citizen who is married to a U.S. citizen to qualify for the unlimited marital deduction, which keeps the estate from being subject to federal income taxes upon the death of the first spouse. Without a QDOT, these estate taxes would have to be paid at the first death. With a QDOT, however, the taxes are delayed until the surviving spouse passes. This is an estate planning tool implemented to allow the assets within the trust to provide for the non-citizen spouse after the citizen-spouse has passed away, without being heavily taxed first. If you are married to a non-U.S. citizen, Bach & Jacobs, P.A. attorneys can discuss a QDOT with you as part of your estate planning.

June 8, 2018
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What is a Payable-on-Death Account (POD)?

By Asset Protection Planning, Estate PlanningNo Comments

A payable-on-death account is a bank account that is titled to the original owner but that directs distribution of its funds to a beneficiary upon the owner’s death. As long as the creator of the account is alive, the beneficiary of the account has no access to the funds within it. This way, if someone ever needs the money in the account or changes their mind, they can spend the money, choose a different beneficiary or close the account. Individuals often opt for payable-on-death accounts because they are fairly easy to create, there is no limit on the amount you can leave to the beneficiary of the account, it is free to designate a beneficiary and it allows the asset to transfer to the designated beneficiary at the account holder’s death without first going through probate court.

June 5, 2018
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The New Estoppel Law

By Elder Law, Real EstateNo Comments

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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National Elder Law Month

By Elder Law, Firm NewsNo Comments

May has been designated as National Elder Law Month by the National Academy of Elder Law Attorneys. Elder Law is a broad field of legal practice that encompasses important life processes including, but not limited to: Estate Planning, Medicaid, Tax Law, Probate Administration and Asset Protection Planning. We would like to thank the talented attorneys at Bach & Jacobs for their commitment to providing service of the utmost quality in the field of Elder Law as well as the clients that make their jobs possible. Happy National Elder Law Month!

For assistance regarding any Elder Law needs, contact our offices at 941- 906-1231 to schedule an appointment with one our attorneys.

May 1, 2018
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The Two Main Forms of Probate in Florida

By ProbateNo Comments

Probate is defined as the process of proving a Will is valid in court and thereafter administering the estate of the decedent according to the terms of their Will. In Florida, there are two main types of probate: Summary Administration and Formal Administration. In an effort to make the probate process less complex and easier to understand, this blog will break down these two forms of probate.

  • Summary Administration: Summary Administration is often the easiest and least expensive type of probate, but it can only be utilized when an individual’s estate is worth less than $75,000 and there are no unpaid creditors of the decedent. Additionally, if the decedent has been dead for at least two years at the time the probate process is started, then Summary Administration may be employed. If the decedent died with a Will, it will be admitted by the court if it is valid. If the decedent died without having created a Will, the process of intestate succession will apply.

 

  • Formal Administration: Formal Administration involves close supervision by the court of the collection and distribution of the assets in the decedent’s estate and the payment of the decedent’s creditors. Once a probate attorney has been hired and the official filings have been made to the court, a judge will issue letters of administration (an order that authorizes a Personal Representative to act on behalf of an individual’s estate), then the process may begin. Administration of the estate may involve: notifying creditors, collecting assets, collecting debts, identifying the rights of beneficiaries, maintaining assets, processing and paying creditor claims and preparing objections to a claim. When this process is complete, the hired probate attorney will file a petition with the court to close the Estate. Once the estate has officially been closed, the probate process is over.
April 27, 2018
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What is Intestate Succession?

By Estate Planning, ProbateNo Comments

If an individual dies intestate, it means that they passed away without having created a Will or estate plan. When someone dies without a Will or estate plan, their property passes into “intestate succession”. This means that state law determines who will get the assets of that person’s estate, as there is no Will to decide what should go to whom. In Florida, if you have children but no spouse, your children will inherit everything. If, on the other hand, you have a spouse but do not have children, your spouse will inherit everything. If you have both a spouse and children by that spouse and your spouse has no other descendants, your spouse will inherit everything. If you have a spouse and descendants from you and that spouse, but the spouse has descendants from another relationship, your spouse will inherit half of your intestate property and your children will inherit the other half. If you have a spouse and descendants from you and someone other than that spouse, the same principle applies and your spouse will inherit half of your intestate property while your descendants will inherit the other half. If you die without a spouse or descendants, your parents inherit everything. If you die with siblings but no spouse, descendants or parents, your siblings inherit everything. If you do not leave a Will or estate plan, then your estate will become property of the state only if you do not have a spouse, children, grandchildren, parents, grandparents, siblings, nieces or nephews, aunts or uncles, cousins, or great aunts or uncles at the time of your death.

April 20, 2018
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