Can a Tithe or Gift to a Church result in a Medicaid penalty?
Yes, gifts to churches can result in a Medicaid penalty. However, in many cases, proving a consistent, long-term pattern of giving can rebut the penalty. What is a Medicaid Lookback Penalty? Medicaid is intended for the needy, not those who can easily pay for their own care. Because of this, having too many assets can […]
Understanding Claim Splitting in Florida Law
By Attorneys Blakely S. Moore and Kaytlin Keen Claim splitting is a term used in civil litigation that refers to when a plaintiff “splits” one lawsuit into multiple lawsuits, thereby using the same cause of action to seek damages in different lawsuits. The doctrine was explained by Florida’s Second District Court of Appeal in Harllee […]
A Guide on How to Store Your Will
Guest post by Michael Merhar of Merhar Law, PLLC You have done it! You stopped procrastinating, went to a wills and trusts attorney, had a will drafted, and properly executed it, ensuring your legacy is protected. Mission accomplished, right? Almost. While most people know it is a good idea to have a will to make […]
Affidavit to Claim a Deceased Person’s Bank Accounts Without Probate
By Blakely S. Moore Handling a deceased person’s estate can be a complex and overwhelming task. There are many instances where the value of the estate’s assets make probate financially impractical, as the expenses involved may outweigh the benefits. While probate might be required depending on the worth of certain assets, there is an option […]
Using Joint Accounts and Beneficiary Designations in Florida to Avoid Probate
An easy way to avoid probate on bank accounts in Florida is to use Transfer on Death (TOD) and Payable on Death (POD) designations. Alternatively, joint account ownership is often used for this same purpose. All of these designations create automatic transfers upon death for bank accounts. Using these strategies not only simplifies the transfer […]
Estate Planning for Timeshare Owners
Understanding Timeshare Ownership To engage in any timeshare estate planning, you first must understand the different ways that a timeshare can be owned. There are two different kinds of timeshare ownership: contract and deeded. A contract grants the owner use of the property for specific periods of time periods or grants the owner a certain […]
What to Do If Your Will Was Lost or Damaged During Hurricane Season (Florida Attorney Explains)
Hurricane Helene and Hurricane Milton have caused long-lasting damage to the state of Florida, especially on the east coast. Despite the best laid plans and advance preparation, many Florida residents are still finding themselves having to pick up the pieces resulting from these catastrophes. While there seems to be plenty of information out there about […]
How to Access a Deceased Person’s Safe Deposit Box (Florida Attorney Explains)
Many people rent safe deposit boxes to store important and/or valuable items or documents. But what happens to that safe deposit box (and its contents) once the lessee (i.e., the person who rented the box) has passed away? After the initial grief associated with losing a loved one, it is expected that those close to […]
Fla. Stat. § 736.0202 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0202 Fla. Stat. § 736.0202 establishes the jurisdiction that the Florida courts have over various parties in a trust matter. Fla. Stat. § 736.0202(1) states that a court has in rem jurisdiction over anyone who is a trust beneficiary of a trust which has its principal place of administration […]
Fla. Stat. § 736.0602 – Commentary to Florida Trust Code
Legal Commentary on Fla. Stat. § 736.0602 Fla. Stat. § 736.0602 establishes when, how, and to what extent a trust settlor may revoke or amend a trust. The statute section also explains the effect of such an action. Importantly, any part of Fla. Stat. § 736.0602 may be overridden by a trust’s terms; there is […]