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Estate Planning

What is an elder law attorney?

By Elder Law, Estate Planning, Guardianship, Medicaid Planning, Medicare, Probate, Tax Law

An elder law attorney, also known as an elder care attorney, is familiar with the state and federal laws that impact seniors and their well-being.

These attorneys are well-versed and specialize in a range of areas:

  • Estate planning
  • Powers of attorney
  • Medicaid
  • Medicare
  • Veterans benefits
  • Probate and trust administration
  • Nursing homes
  • Elder abuse and fraud

Elder law attorneys allow you to plan ahead. By meeting with an elder law attorney and setting up documents, you can protect your assets, properly pass your estate to heirs, and name individuals to make health care and financial decisions for you when you are unable.

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

Is it a good idea to have joint ownership of bank accounts?

By Asset Protection Planning, Estate Planning, Medicaid Planning

As you get older, you may find yourself needing assistance paying bills and managing finances. Oftentimes, seniors will add their children and loved ones as co-owners to bank accounts. It is important to know that there are advantages and disadvantages to having joint ownership of bank accounts.

A joint owner has complete access to your account and can make any withdrawals he or she wishes to make. The joint owner can make these withdrawals and write checks without your permission. While this may not cause any problems with a trusted person as your co-owner, it can lead to bad circumstances if the person is acting against your interest. It is also important to remember that your assets in the joint account are reachable by your co-owner’s creditors once their name is on the account.

A common misconception regarding Medicaid and jointly-owned accounts is that Medicaid will see the account as being owned in half by the applicant and half by the co-owner. However, the case is actually that Medicaid will view the account as belonging solely to the applicant. Thus, the Medicaid applicant has the job of proving otherwise.

Lastly, when you pass away, the remaining assets in the account will become the property of the co-owner, regardless of whether you want them passed along to that individual. While that is an easy and convenient method of transferring assets, it can problematic if you want them to be given to or shared with someone else.

When you consult with a Bach & Jacobs, P.A. attorney about your estate plan, they will analyze the titling of your assets and advise you whether joint titling is appropriate given your objectives and goals.

Planning for a Spouse’s Death

By Asset Protection Planning, Estate Planning

The death of a spouse is a somber and challenging topic to discuss, however, it is crucial to do so in order to secure your finances and estate.

While you and your spouse may have already prepared documents such as powers of attorney and advance directives, there are several other areas of end-of-life planning for which you should discuss and prepare.

In the ever-changing digital world we live in, it is very important that both you and your spouse know the passwords and specifics to your online accounts and digital assets. Passwords can be easily lost and forgotten so make sure they are written down in a protected space. Not only should passwords be kept safe, but also account numbers, key contacts, and PIN numbers. It is also a good idea to keep important documents such as birth and marriage certificates, vehicle titles, life insurance policies, and mortgage documents in a safe and organized place.

Lastly, both spouses should be familiar and comfortable with your financial advisors and actual finances. Oftentimes, couples will delegate financial accounting to one partner who will do the taxes and be responsible for important financial information. While this may be a convenient system, it is leaving one spouse in the dark about their finances and assets. By sharing the responsibility of financial accounting, couples can properly prepare for end-of-life care and financial management.

What educational institutions qualify for the tuition gift tax exclusion?

By Government Benefits, Tax Law

According to the Internal Revenue Code, an educational organization is an institution that “normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on.” This includes all primary schools, secondary schools, preparatory schools, high schools, colleges and universities. However, some pre-schools do not qualify for the exclusion because the schools do not satisfy the Internal Revenue Code’s standards.

Attorney Fred Jacobs is Florida Board Certified in Tax Law.  Call Bach & Jacobs at (941) 906-1231 to schedule an appointment with Fred if you have questions about how the gift and estate tax laws affect you and your family.

What is the tuition gift tax exclusion limited to?

By Government Benefits, Tax Law

This exclusion is limited to tuition. For example, the exclusion does not apply to expenses for books, room and board, or meal plans. The tuition expense exclusion applies only to enrollment to the institution.

Attorney Fred Jacobs is Florida Board Certified in Tax Law.  Call Bach & Jacobs at (941) 906-1231 to schedule an appointment with Fred if you have questions about how the gift and estate tax laws affect you and your family.

What is the Tuition Gift Tax Exclusion?

By Government Benefits, Tax Law

Oftentimes, grandparents will give grandchildren and other relatives financial gifts which can be subject to taxation by the IRS. One can gift up to $14,000 to a single person without the transaction being taxed by the IRS. And for married couples, the IRS does not tax any gifts of $28,000 or less.

However, payments for tuition are not treated as taxable gifts, if given directly to the institution or medical provider.

In the next week, check the blog to see what the tuition gift tax exclusion is limited to and what educational institutions qualify for the exclusion.

Attorney Fred Jacobs is Florida Board Certified in Tax Law.  Call Bach & Jacobs at (941) 906-1231 to schedule an appointment with Fred if you have questions about how the gift and estate tax laws affect you and your family.

How can I pay someone’s medical expenses and still qualify for the medical expense gift tax exclusion?

By Asset Protection Planning, Government Benefits, Tax Law

To qualify for the medical expense gift tax exclusion, one has to give the payment directly to the medical provider. For example, one can make the payment out directly to the provider or they can give the check to a relative, as long as it is only payable to the provider. You should not “reimburse” the patient for an expense the patient already paid for or it will not be covered.

Attorney Fred Jacobs is Florida Board Certified in Tax Law.  Call Bach & Jacobs at (941) 906-1231 to schedule an appointment with Fred if you have questions about how the gift and estate tax laws affect you and your family.

What expenses does the medical gift tax exclusion cover?

By Asset Protection Planning, Government Benefits, Tax Law

The Internal Revenue Code states that the medical expense gift tax exclusion applies to the transfer payments for “the diagnosis, cure, mitigation, treatment or prevention of disease, or for the purpose of affecting any structure or function of the body,” or “transportation primary for and essential to medical care.” For example, hospital bills, doctor’s visits, medication, and nursing home care are all expenses that qualify for the exclusion. Some long-term care services, health insurance payments, and travel to receive the care also qualify for the exemption.

Attorney Fred Jacobs is Florida Board Certified in Tax Law.  Call Bach & Jacobs at (941) 906-1231 to schedule an appointment with Fred if you have questions about how the gift and estate tax laws affect you and your family.

What is the Medical Expense Gift Tax Exclusion?

By Government Benefits, Tax Law

A taxpayer can gift up to $14,000 to an individual each year without having to file a gift tax return. This is referred to as the “annual gift tax exclusion.”

If one wants to make additional gifts but has reached their limit on their annual gift tax, there are still other ways to gift money. One can give tax-free gifts directly to medical providers to cover medical expenses for someone else.

This week we’ll be posting about what expenses are covered and how to qualify for the exclusion for medical expenses.

Attorney Fred Jacobs is Florida Board Certified in Tax Law.  Call Bach & Jacobs at (941) 906-1231 to schedule an appointment with Fred if you have questions about how the gift and estate tax laws affect you and your family.

Florida Senate adopts several elder care bills

By Elder Law, Estate Planning, Government Benefits, Guardianship

Bill 0080 — Relating to Family Trust Companies

  • This bill revises the Family Trust Company Act to require that all family trust companies apply as a licensed family trust company, register as a foreign licensed family trust company, or stop doing business by December 30, 2016 in the state of Florida.
  • It also requires the family trust company to have at least three directors/managers, with at least one of those directors/managers being a resident of Florida.

Bill 0232 — Relating to Guardianship

  • The passing of this bill renames and expands the Statewide Public Guardianship Office to the Office of Public and Professional Guardians, giving it the responsibility of the administrative duty of writing the rules for the regulation of professional guardians.
  • The bill establishes stricter regulations of professional guardians, who previously have not been closely supervised by the state

Bill 0494 — Relating to Digital Assets

  • Dubbed the “Florida Fiduciary Access to Digital Assets Act,” this bill allows fiduciaries to manage and control digital assets the same way they manage tangible assets.
  • This bill also grants custodians of digital assets the right to interact with the fiduciaries in order to honor the fiduciaries’ requests
  • Lastly, Bill 0494 allows for courts to authorize a guardian the right to access the digital assets of a ward, if the circumstances permit

Bill 1335 — Relating to Long-term Care Managed Care Prioritization

  • This bill not only requires the Department of Elderly Affairs to keep a wait list for the enrollment for community-based services, but also requires the DEA to prioritize individuals through a frailty-based screening tool.

These bills took effect July 1, 2016.