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Estate Planning

Impact of the Supreme Court’s Windsor Decision on ACL

By Elder Law, Long-Term Care

Question: What is the impact of the Supreme Court’s Windsor decision regarding same sex marriage on people participating in programs administered by the Administration for Community Living?

Answer: We are pleased to report that in May 2014, the Administration for Community Living (ACL), a federal agency within the Department of Health and Human Services, issued guidance applicable to all ACL grantees concerning the federal government’s policy on same-sex marriages. ACL will now to treat same-sex marriages the same as opposite sex marriages to the “extent reasonably possible.” Important to note is that ACL will recognize a legal marriage, regardless of whether the individuals are domiciled or reside in a state or territory that does not recognize the marriage. This was motivated by the Supreme Court Decision in United States v. Windsor. The ACL’s full Windsor-related guidance is available at: http://www.acl.gov/Funding_Opportunities/Grantee_Info/docs/Community_Living_Guidance.pdf

June 24, 2014
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Babette Bach, Esq. named a winner in Florida Super Lawyers list

By Firm News

The awards keep pouring in!  For the 5th year in a row, Babette B. Bach, Esq. has been selected for the 2014 Florida Super Lawyers list.  Only 5% of Florida attorneys are chosen each year to receive this honor.  The 2014 Florida Super Lawyers & Rising Starts will be published in July.

Babette B. Bach, EsquireBach-Babette-B 0cdb4da1-a148-4aa4-af79-58499ab0ce6d
Bach & Jacobs, P.A.
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
941-906-1231
941-954-1185 facsimile

 

 

June 17, 2014
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Impact of Divorce on Probate of a Will in Florida

By Estate Planning, Probate

Question:  My father died shortly after he and my stepmother got divorced. I don’t think he updated his will after the divorce.  If his ex-wife was in the last will, does that mean she’ll inherit even after she got a divorce settlement?

Answer:    Unless the will or judgment expressly provides otherwise, if your father’s will provided for his then-wife, but they later got divorced, then those provisions benefiting the now ex-wife are void under Florida law.  In fact, the Florida Probate Code construes such a will as if the former spouse had died before the deceased spouse as of the date of the dissolution, divorce, or annulment of the marriage.  If your father designated your step-mother as his personal representative of his estate, you should look to the will to see if he appointed a successor personal representative.  If he didn’t, you may be able to petition the court to be appointed personal representative.  If someone you love has recently passed, contact Bach & Jacobs and schedule an appointment with one of our attorneys who can guide you through the probate process.

May 21, 2014
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Attorney Sean M. Byrne to Present on Conservation Law at Paralegal Association of Florida

By Firm News, Land Conservation Easements

Attorney Sean M. Byrne will be the guest speaker at the meeting of the Suncoast Chapter of the Paralegal Association of Florida, Inc. on the topic of land conservation law in Florida. The meeting will be held on April 14.  Byrne will present an overview of the federal and state laws governing conservation easements and identify the various financial incentives available to landowners who choose to conserve their land.  The presentation will also showcase some of the local success stories of conservation land transactions, including donations and purchases of conservation easements through Sarasota County’s Environmentally Sensitive Lands Protection Program.  Byrne represented Sarasota County in the acquisition of conservation easements across privately owned working ranches in east Sarasota County.   The presentation will give real estate lawyers options to provide landowner clients who are considering conservation as a part of their estate planning.

April 14, 2014
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When to start planning for Medicaid and Long Term Care

By Estate Planning, Long-Term Care, Medicaid Planning

Question:     I am interested in doing Medicaid planning for potential future long term care costs, but I don’t know for sure that I’ll even need skilled nursing care or long term care.  Should I start the Medicaid planning process ahead of time or wait until I need the nursing home care to make the plans?

Answer:    Because there is a look back period, there are risks to waiting until a crisis hits to plan for Medicaid.  It is more advantageous to make an appointment with an elder law attorney to evaluate your situation, income, and assets at the outset of a gradual condition that may cause you to eventually need long term care.  Babette Bach is a Florida Board Certified Elder Law Attorney and an expert in public benefits and asset protection planning.  Call Bach & Jacobs today at (941) 906-1231 to make an appointment for a consultation with her.

March 21, 2014
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When is ancillary administration necessary for non-Florida residents who die owning real estate in Florida?

By Elder Law, Estate Planning, Probate

Question:     When is ancillary administration necessary for non-Florida residents who die owning real estate in Florida? What are the options for ancillary administration?

Answer:    When a resident of another state dies owning real estate in Florida titled in the decedent’s name, probate proceeding must be commenced to validly transfer the property after the death.  This is the case even if a personal representative has been appointed in the decedent’s home state.  If the decedent left a will, any person may petition to admit the Foreign Will to Record in the Florida County where the property is located.  The person petitioning for admission of the will should have “authenticated copies” (learn more about authenticated copies here).  The probate court will appoint an ancillary personal representative who is qualified under the Florida Probate Code who will administer the ancillary probate for the Florida estate. There are other options available to certain ancillary estates that have  values less than $50,000 called short form ancillary administration.  There is also a proceeding called summary administration available to estates with property subject to Florida probate that are worth less than $75,000.  If you are seeking to administer the Florida assets of a non-Florida resident decedent who has died, contact Bach & Jacobs, P.A. to learn which options are available to you under Florida Law.

March 14, 2014
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