Blog
Can a Will be Changed or Revoked?
Yes, you can change or revoke your will at any time. There's typically only two things you're ever going to change. The first thing is the person you name inside your will to handle things for you, we call that person a personal representative here in Florida. And...
Can I Change My Trust After it is Established?
Yes, it's not carved in stone. You are the granter. You've created this. You are the trustee. You manage and administer it. So you can alter, amend, modify, or revoke it. There's typically only two things you're ever going to change and that's going to be who you've...
Can I Make a Provision in my Will for my Pets?
You can most definitely make a provision for your pets in your will. In fact, I suggest I think it's a good idea. First of all, where is your pet going to go? Who's now going to have ownership of your pet? Secondly, who's going to take care of the annual checkups with...
Can I Specify that Certain People Should Never Receive my Property?
Yes, what you're talking about is disinheriting somebody. You can disinherit a child, a brother, a sister. I like to make sure in the document that we name the person, so they can't come back later and say, "Hey, they forgot about me." We name them and just simply...
Can My Power of Attorney Amend my Trust?
Yes, your Power of Attorney can amend the trust. However, there are certain requirements that have to be met. Inside the Power of Attorney, that power where you authorize them to be able to amend your trust has to be specifically initialed, and inside the trust...
Does a Will Control All of my Property?
A will here in Florida does not control all of your property. If you have life insurance policies, IRAs or annuities, they probably have beneficiary designations on them. They will not be part of your will. If you have a bank account that's held ITF, In Trust For,...
Do IRAs and 401ks Count as Assets When Applying for Medicaid?
IRAs and 401Ks are a bit of a different creature. Initially, they are an asset. However, if you are taking the required minimum distribution and you're taking it monthly. So not annually, not semi-annually, not quarterly. monthly. As long as you're taking it monthly,...
Do I Still Need Medicare If I Am on Medicaid?
Yes. In fact, when a person's on Medicaid, Medicare will always remain the primary payer source, and then if Medicare doesn't pay for something, if you have a Medicare supplement policy, that will pay. But yes, you most definitely need to still have Medicare. For more...
What is the difference between Florida’s Two Types of Death Certificates?
The difference in the two death certificates is one has the cause of death on it and one is without the cause of death. The most common one is the one without the cause of death. That's a regular sized piece of paper, 8-1/2 by 11, again, it does not have the cause of...
How Can a Power of Attorney Potentially Prevent a Guardianship Proceeding?
See, it's not that the power of attorney is going to prevent the proceeding. Before the court appoints a guardian, they're supposed to look for the least restrictive means before appointing a guardian. When you have that durable power of attorney in place, that is a...