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Estate Planning

Attorney Sean Byrne to Join Bach & Jacobs Sarasota, FL

By Firm News

Bach & Jacobs, P.A. is pleased to announce that Sean M. Byrne will be joining the firm this summer.

Mr. Byrne’s practice focuses on trust & estate planning, probate, guardianship, and elder law litigation. Mr. Byrne begins with Bach & Jacobs on July 22. Prior to joining Bach & Jacobs, Sean was the in-house counsel for the Conservation Foundation of the Gulf Coast where he provided options to landowners, high net worth individuals, and their financial advisors seeking to reduce federal income taxes and local property taxes through land conservation and philanthropy. Sean will continue to represent parties to real estate transactions involving environmentally sensitive lands.

Mr. Byrne is a member of the Florida Bar, the American Bar Association, the Southwest Florida Estate Planning Counsel, the Sarasota County Bar Association and the Young Lawyers Division. He is a graduate of Leadership Sarasota County and is the founder of the nationwide Next Generation Conservation Attorneys network, currently sponsored by the national Land Trust Alliance.

“Sean combines a sharp legal mind and a diligent work ethic with his genuine concern for senior citizens and their families. He will be an outstanding addition to our strong team of professionals who put our clients’ interests at the heart of everything we do,” said Babette B. Bach, founder of Bach & Jacobs and a Board certified attorney by both the Florida Bar and the National Academy of Elder Law Attorneys (CELA).

Bach & Jacobs practices estate planning, probate, guardianships, tax and business law, Medicaid, VA benefits and land conservation transactions.

Sean M. Byrne can be reached at (941) 906-1231 or at [email protected].

June 3, 2013
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Babette B. Bach, Esq. to Speak for the Jewish Foundation of Sarasota-Estate Planning Sarasota

By Estate Planning, Firm News, Medicaid Planning, Medicare

Babette Bach will be the keynote speaker for a seminar March 20, 2013 at the Jewish Foundation in Sarasota. Topics will include estate planning and the basic recommended documents to have in place, Medicare and Medicaid Planning.

Ms. Bach is looking forward to speaking to the members of the community on such an important topic. She appreciates the invite to lecture.

If you need legal advice for estate planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

March 14, 2013
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Babette B. Bach, Esq. to speak for the Women’s Club of the Palm Aire Country Club

By Estate Planning, Firm News, Medicaid Planning, Medicare

Babette Bach will be the keynote speaker for a seminar March 15, 2013 at the Palm Aire Country Club in Sarasota. Topics will include estate planning and the basic recommended documents to have in place, Medicare and Medicaid Planning.

Ms. Bach is looking forward to speaking to the members of the woman’s club on such an important topic. She appreciates the invite to lecture.

If you need legal advice for Estate Planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

March 5, 2013
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Changes to Special Needs Trust Law in POMS

By Elder Law, Estate Planning

In September 2012, there was a change in the POMS prohibiting Special Needs Trustees from being able to reimburse family members for travel to visit a beneficiary. This change stated that a Special Needs Trust document that states that the trust funds can be used to reimburse family members visiting a beneficiary would cause the trust to violate the sole-benefit rule (and make the trust a countable resource). It also prohibited payment of travel expenses to a companion assisting the beneficiary in travel.

Fortunately, on December 18, 2012 the Social Security Administration published yet another change to the POMS which removed the two previously added examples. Special Needs Trusts can once again pay for travel of family members visiting the beneficiary and companion travel fees for assisting the beneficiary with their traveling.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office at (941) 906-1231 for an initial consultation.

January 20, 2013
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Babette B. Bach, Esq. to Speak at the Institute of Advanced Medicine

By Firm News, Medicaid Planning, Medicare

 Babette Bach will be the keynote speaker for a seminar on November 21, 2012 at the Institute of Advanced Medicine in Sarasota, Florida.  Topics will include Medicare and Medicaid, along with elder law advice on financial matters and asset protection planning.

Ms. Bach is looking forward to speaking to the members of the hospital staff on such important topics.

If you need legal advice for estate planning, Medicare, Medicaid planning, or VA planning, please contact our office at (941) 906-1231 for an initial consultation.

November 16, 2012
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Reverse Mortgage-Consumer Financial Protection Bureau seeks Stronger Disclosures

By Elder Law, Estate Planning, Real Estate

The Consumer Financial Protection Bureau is planning stronger disclosure requirements for reverse mortgages as more evidence emerges that senior citizens are using the product without fully understanding its main features and risks.

As part of a Dodd-Frank Act requirement, the agency was set to release a study showing  that signs reverse mortgages are not being used as intended, with increasingly younger borrowers taking out larger pots of money rather than gradual income streams to help finance their later years.

The bureau, which is required to study the reverse mortgage sector and identify potential consumer protection concerns, found that 73% of borrowers last year accessed nearly all or almost all of their home equity available in the reverse mortgage — an increase of 30 percentage points since 2008 — leaving few funds available later in life.

Nearly half of borrowers were younger than 70, and taking out a loan at the earliest eligibility (typically age 62) has become more common. The study found the biggest players in selling reverse mortgages currently are nonbanks, and the sector is “increasingly dominated by small originators.” The two largest providers, Wells Fargo and Bank of America, left the market last year and MetLife left it in April.

“It can be hard to tell a reverse mortgage is better than downsizing, refinancing or using a traditional home equity loan,” CFPB Director Richard Cordray said. “Even when a homeowner makes a careful decision to take out a reverse mortgage, it can be a challenge to select the right product and determine the appropriate amount to borrow initially.”

Consumers need to better understand reverse mortgage loans.  Additionally, consumers need to understand that this is an expensive product which is only recommended as a last resort.

If you need legal advice for reviewing a reverse mortgage, Medicaid planning, VA planning, tax planning, estate planning or trust and probate administration please contact our office for an initial consultation at (941) 906-1231.

September 27, 2012
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Who can Draft a Qualified Income Trust?

By Elder Law, Estate Planning, Medicaid Planning

Only an attorney is licensed to draft a Qualified Income Trust.Medicaid planning companies are not licensed to draft Qualified Income Trusts, unless they have a Florida licensed attorney on staff who is directly and actively representing the trust Grantor.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office for an initial consultation at (941) 906-1231.

September 6, 2012
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When Should You Update Your Estate Plan?

By Estate Planning

An outdated estate plan is an ineffective estate plan, so you need to make sure you keep your plan up-to-date. There are certain key life moments when you need to revisit your plan.

  • When you get married — either a first marriage or a remarriage.
  • When you have children or grandchildren, you can use your estate plan to name a guardian for your children and to create a trust for your minor heirs.
  • If your spouse dies or you get divorced, you should make sure your estate plan reflects this.
  • If your estate increases in value or decreases in value, you may need to evaluate your estate plan to determine if it properly minimizes estate taxes.

Other reasons to have your estate plan updated could include:

  • You move to another state
  • Federal or state estate tax laws have changed
  • A guardian, executor, or trustee is no longer able to serve
  • You wish to change your beneficiaries
  • It has been more than 5 years since the plan has been reviewed by an attorney
  • If you or your spouse become ill, especially if the illness may result in long term care expenses such as Alzheimer’s or Parkinson’s
  • If you wish to consider tax planning
  • If you have a disabled spouse, child or grandchild a special needs trust may save thousands of dollars in care costs

Contact our office to schedule an initial consultation for any Probate or trust administration, tax advice, Estate Planning, Medicaid Planning, or Veterans Benefits needs at (941) 906-1231.

August 31, 2012
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What is a Qualified Income Trust?

By Estate Planning, Medicaid Planning

If your income exceeds the amount to qualify for Medicaid long term care services, ($2,094.00 per month for 2012) a Qualified Income Trust allows you to become eligible by depositing income into an irrevocable income trust each month that you qualify for Medicaid.The QIT involves a written trust agreement and a separate bank account for making deposits.  The income you deposit into the QIT account is used to pay for the Medicaid recipient’s patient responsibility payments and medical expenses.

If you need legal advice for estate planning, Medicaid planning, or VA planning, please contact our office for an initial consultation at (941) 906-1231.

August 31, 2012
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How to Avoid Problems as a Trustee

By Elder Law, Estate Planning

Being a trustee requires significant legal knowledge and if one does not perform their duties properly, a trustee may be personally liable. That’s why it’s important to have legal guidance.

A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a “trustee,” holds legal title to property for another person, called a “beneficiary.” If you have been appointed the trustee of a trust, this is a strong vote of confidence in your judgment, ethics and skill sets.

A trustee’s duties include locating and protecting trust assets, investing assets prudently, distributing assets to beneficiaries, keeping track of income and expenditures, and filing taxes.  As a trustee, you have a fiduciary duty to the beneficiaries of the trust, meaning that you have an obligation to act in the best interest of the beneficiaries at all times.

A trustee is usually entitled to hire an attorney (and other professionals like an accountant) to assist in trust administration. The attorney’s fees will be paid from the trust funds. While hiring an attorney will cost money, not having an attorney at all could cost a trustee much more if errors are made.

A trust can be administered without court involvement, but that doesn’t mean that the administration is simple. There are many areas where problems can arise — for example, if assets aren’t invested properly, taxes are late, or if proper records aren’t kept. If something goes wrong during the administration of the trust, the trustee can be removed and held personally liable for any costs incurred or losses suffered. Even if a spouse is the trustee, he or she should still consult with an attorney.

If you need legal advice for trust administration, probate, tax advice, estate planning, Medicaid planning, or VA planning, please contact our office for an initial consultation at (941) 906-1231.

August 24, 2012
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