Blog
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...
How Long Will Probate Take?
The normal typical formal administration probate, the type that most people go through here in the state of Florida typically takes 11 to 14 months from the time you open the probate until the time the assets are distributed to the beneficiaries and you're ready to...
Should I Still Contact an Attorney if I Did Some Estate Planning with a Financial Advisor?
Yes, I think you most definitely still need to talk to an estate planning attorney. Financial planners look at things through a different prism than estate planning attorneys will. We'll look at things from a more comprehensive position for what's going on with the...
I Made a Will in Another State,Now I Live in Florida. What Should I Do?
The simple answer to that question is, "Do another one here in the State of Florida." If you pass away here in Florida, and you have a will from another state, and we submit that for probate, the Florida Probate Court doesn't know if that's a good and valid will...
If I am Already in a Nursing Home, Is It Too Late to Apply for Medicaid?
No it's not too late to Medicaid plan, you're never gonna give away assets because that's gonna create periods of ineligibility which is gonna create problems. All the same planning tools and techniques that we can do before somebody goes into a nursing home we can do...
If I Create a Revocable Living Trust, Do I Still Need a Will?
Yes, and the document says last will and testament but it's commonly referred to as a pour-over will. It's kind of like a whoops, if on the day that I die, I own assets that are not in my trust or they haven't been funded or retitled in your trust, then the will...
If my Spouse is Going Int a Nursing Home, Can he Transfer all His Assets?
Yes, there is no look-back time period when you're transferring assets from one spouse to the other. I know it's not romantic or sexy, but spouses are looked at as one unity, one entity. So then the question becomes, are you above or bellow what the threshold is to be...