Areas of Practice
Medicaid Preplanning and Crisis Planning
Medicaid is a federal and state program that helps families pay for the cost of nursing home care. Individuals must meet medical and financial eligibility guidelines, and the guidelines differ from state to state. Financial eligibility requires a careful assessment of income and assets. Restructuring assets and spending down assets in a crisis may be necessary. There are financial tools that can help you or your loved one meet eligibility guidelines. Contact our firm to today to see how we can help.
Planning for Special Needs
For families caring for loved ones with specialized needs, everyday is filed with its own cares. Nevertheless, it’s important to think about the future needs of that loved one. A special needs trust is a planning tool which allows families to provide supplemental income while preserving eligibility under government benefit programs. There are a variety of tools available to supplement benefits provided through Medicaid and SSI without displacing them. If you are caring for a child or adult with a disability, make an appointment today to speak with an attorney to see how we can help.
Estate Planning & Trusts
A will is a written direction controlling the disposition of property at death. The laws of each state set the formal requirements for a legal will.
A revocable trust is a document (the “trust agreement”) created by you to manage your assets during your lifetime and distribute the remaining assets after your death.
A trust may be created to provide for the care of an animal alive during the settlor’s lifetime.
Powers of Attorney
A power of attorney is a document that allows you to appoint a person or organization to manage your affairs if you become unable to do so. However, all POAs are not created equal. Each type gives your attorney-in-fact (the person who will be making decisions on your behalf) a different level of control.
Advance Healthcare Directives
An advance healthcare directive, also known as living will, personal directive, advance directive, medical directive or advance decision, is a legal document in which a person specifies what actions to take in the event of being on life support.
A healthcare surrogate is a named person(s) to make healthcare decisions on your behalf if you are unable to that can include life support, medical treatment, organ donation and release of medical information. This can be done for an adult or minor.
A pre-need guardian form names a recommended person(s) to be the guardian of an adult or minor if a guardianship action is filed.
We offer the following probate services:
The death occurred more than two years ago, OR the value of the probate estate—that’s all the property that would have to go through probate, so it excludes the nonprobate assets described above—is not more than $75,000.
Ancillary or supplementary administration is usually necessary when the decedent [the person who died owning the property] dies owning property within the state of Florida, and a primary or domiciliary probate has been commenced in another state.
Disposition of Personal Property without Administration
When the deceased person leaves very little behind, this process lets someone who paid for the person’s final expenses—the funeral and expenses of the last illness—be reimbursed from the assets of the estate. (Fla. Stat. 735.301.)
It can be used only when the deceased person did not leave any real estate, and the only assets are either exempt from creditors’ claims or don’t exceed the amount of final expenses.
If the estate doesn’t qualify for a simpler method of administration, formal probate may be necessary. These proceedings begin when the executor/personal representative nominated in the will, or another interested party, asks the circuit court to be appointed as personal representative of the estate. Generally, the probate proceeding takes place in the county where the deceased person was living at the time of death. Beneficiaries and heirs (people who would inherit in the absence of a valid will) are given notice, so they have a chance to object.
• Motion/Order To Open Safe Deposit Box
• Petition/Order to Determine Homestead Property
• Petition/Motion/Order for Exempt Property, Family Allowance, Spousal/Elective Share
• Claims and Objections to Claims
• Preparation of Deeds
We offer the following family law services primarily on an uncontested basis:
Divorce is also known as dissolution of marriage, is the process of terminating a marriage. We call prepare documents needed for filing an uncontested or contested divorce, and it can be with or without children, property or debts.
A Pre-Marital Agreement is also known as a prenuptial agreement and commonly abbreviated as prenup, is a contract entered into prior to marriage, where parties determine division of assets and debts in event of separation, divorce or death. Very common in second marriages and older parties and can be used to waive certain spousal rights given by law.
This is a written agreement after marriage to settle the couple’s affairs and assets in the event of a separation or divorce and to waive certain spousal rights given by law.
Marital Settlement Agreement
A Marital Settlement Agreement is a contract used in uncontested divorces that divides property, assets and debts of a marriage. It spells out the rights of both parties, and settles issues of child custody, spousal alimony and division of assets and debts.
Name Change for Minors or Adults
This is the legal act by a person of adopting a new name different from their name at birth, marriage or adoption. For minors it generally requires the approval of both biological or legal parents.
Preparation of packets and legal forms for filing
If you need documentation without representation, this office can prepare all forms needed for filing with the court to save you time, cost and aggravation of trying to figure it out yourself. It will be your responsibility to file all documents and to obtain service of process if needed.
QDRO (Qualified Domestic Relations Order)
A QDRO is generally required when one spouse is granted an interest in the other spouse’s retirement or pension account. It is a judgment, decree or order for a retirement plan to pay child support, alimony or marital property rights to a spouse, former spouse, child or other dependent of a participant.
This is an interactive process where a neutral third party assists parties in resolving conflict through the use of skilled negotiation techniques. All participants are encouraged to actively participate in the process in good faith.