With today's technology, consumers have plenty of resources to turn to when they think about their estate planning needs. On the internet and through self-help software or forms, many documents can prepared--everything from a Power of Attorney to a Living Trust or...
Complex Legal Challenges
Elder Law
In Florida, is an Oral Contract Enforceable?
When an attorney is asked whether an oral contract in Florida is enforceable, the correct answer is that some, but not all, contracts must be in writing. In other words, some oral contracts are enforceable, others are not. Like many states, Florida has a "statute of...
In Florida, is an Oral Contract Enforceable?
When an attorney is asked whether an oral contract in Florida is enforceable, the correct answer is that some, but not all, contracts must be in writing. In other words, some oral contracts are enforceable, others are not. Like many states, Florida has a "statute of...
Paying for Nursing Home Care
With the aging of our population and the improved healthcare available, people are living longer. Of those, perhaps a large percentage will eventually need nursing home care. This will present a major financial burden to many families. Elder law planning is essential....
What Makes a Durable Power of Attorney Durable?
To say that a Power of Attorney ("POA") is "durable" means that the powers given in the instrument stay in effect even if the principal becomes incapacitated and unable to manage his or her own affairs. When a POA in Florida is not durable, the powers cease if...
Some Pros and Cons of Incentive Trust Provisions
As discussed in a previous blog, incentive trust provisions are designed by estate planning attorneys for clients who wish to promote or discourage specific behaviors or lifestyles by their beneficiaries. These provisions make or withhold Trust distributions to...
Incentive Trust Provisions–a Carrot or a Stick!
Incentive trust provisions are designed by estate planning attorneys for clients who wish to promote or discourage specific behaviors or lifestyles by their beneficiaries. These provisions make or withhold Trust distributions to accomplish certain intended results. In...
In Florida, should you own your principal residence in an LLC?
In certain situations, Florida property owners recognize the benefits of owning real property in a Limited Liability Company (LLC). In particular, such ownership can protect the owner's other assets from liability in a lawsuit. It may also make transfer at death...
Long-Term Care Planning: Beware the Five-Year Look-Back!
Clients often approach us as elder law attorneys explaining that their elderly loved-one needs to go into a nursing home. Because of the prohibitive expense of such care, they want governmental assistance to pay for the care. Specifically, they want to qualify for the...
How do I pay for long-term care in Florida?
As our population ages, providing long-term care becomes increasingly important. Long-term care can include everything from in-home assistance, assisted living facilities (ALF) and nursing home care. In particular, how to pay for long-term care can overwhelm both the...