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Death and the Safety Deposit Box

When the Assets of an Estate Include a Safe Deposit Box When the renter of a safe deposit box passes away, how do you gain access to the box? Before we answer that question, warning, even if you have Power of Attorney and have the keys to the box, hold off accessing it after the Read More

Baker Act Yes or No

IS BAKER ACT THE RIGHT CHOICE? When you have a loved one that may be a danger to themselves or others time is of the essence. The Florida Mental Health Act allows you to take steps to protect people you care about. To obtain involuntary examination, per Florida Statute 394.463, the following criteria must be Read More

Three Reasons Why Giving Your House to Your Children Isn’t the Best Way to Protect It From Medicaid

  You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually not the best way to protect it. Although you generally do not have to sell your home in order to qualify Read More

What Happens to Debt When you Die?

When someone passes away does their debt die with them? Not necessarily. But first things first, in order to protect the credit of the deceased person from fraud, you will want to notify the following entities of the death: All known creditors of the deceased person. If you do not have that information, it would Read More

Pet Trusts

Wealthy Pets?   Yes there are cats and dogs out there with more money than you. This summer it was reported in the New York Post, USA Today and other news outlets that a Bronx widow, Ellen Frey-Wouter, left her cats, Tiger and Troy, $300,000.00 of her $3 million estate. The cats were left in Read More

Guardianship vs Power of Attorney

Guardianship and Powers of Attorney As people age, it is very common for them to have their Estate Planning done by an attorney. Most people make it a priority when aging to make sure they have a Power of Attorney in place. With a Power of Attorney, you trust a family member to manage your Read More

Guardianship Responsibilities

What are your responsibilities as guardian? Generally the duties of being a guardian are to oversee the welfare and safety of the person under guardianship, and to attend to the financial needs of the individual, using their assets wisely. A guardian has a legal duty, called a “fiduciary duty”, to act in the best interests of the Read More

The DNR and The Living Will

There was a new story regarding a nursing home facility in the area where 3 employees violated protocol by not administering CPR to an 85-year-old resident. The resident allegedly did not have a DNR on file.  And according to his daughter, he wanted full code protocol which means he wanted to be administered life-saving procedures Read More

Qualified Income Trusts and Medicaid

What does a Qualified Income Trust do?   Applying for Medicaid can be tricky and is best done by a professional. The average monthly cost for a skilled nursing facility is $8944.00 per month in Florida.  Many people are applying for governmental benefits to assist with the cost. Medicaid can be the solution. If you’re Read More

Nursing Home Neglect

Many children and loved ones are hundreds of miles away and do not see their loved one very often.Well, that happened to one of my clients. Entrusting the care of your elderly loved ones to nursing home is a difficult decision. But wonder if you feel that they aren’t receiving the needed care?   She sent Read More