As is commonly known, Medicaid is a federal program which provides healthcare benefits to certain persons with low income. The program is administered at the state level. Section 1917 of the Federal Social Security Act (42 USC § 1396(p)), and 42 CFR 433.36,...
Complex Legal Challenges
Probate
Leave a Road Map for Your Loved Ones to Follow After You’re Gone!
As estate attorneys, we often have families come in after the death of a loved one and they have no idea where to start. What assets--accounts, investments, real estate, insurance, retirement accounts--did their loved on have? Where did their loved one have these...
What happens if a Will is set-aside or voided?
Beneficiaries, or those excluded from being a beneficiary, of a person's Last Will and Testament sometimes file litigation to challenge the Will. This is usually done based on allegations of undue influence, fraud, coercion or duress. So what happens if the challenge...
Can I prevent my beneficiaries from knowing what other beneficiaries are receiving at my death?
As an estate attorney, I sometimes have clients who want to name multiple beneficiaries but do not want each beneficiary to know what the other is to receive. These clients will often ask, is this possible? When a person executes a Last Will and Testament or a Living...
Don’t Get Caught in the “TIC” Trap!
As more people are living together while not married, they are increasingly buying real estate in joint names. One way this is done is to hold the property as "Tenants in Common"--sometimes abbreviated TIC. One example of how title is held in that case would be as...
In Estate Planning, What’s a Settlor, Grantor or Trustor?
In estate planning, when a person signs a Living Trust or a Revocable Trust (they're the same thing), they are identified using one of several different terms. These include "Settlor", "Grantor", or "Trustor." In Trust lingo, they all mean the same thing and they...
When the Buzzards Start Circling…
Sadly, as an estate attorney I often see families where a person is in their final days before death and the squabbling has already begun. Often these are families where no one expected there to be bickering over the dying person's estate--and yet it happens all too...
Do-It-Yourself: the Estate Planning Disaster!
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...
Why Have a Simultaneous Death Provision in Your Will or Trust?
Often estate attorneys will include a simultaneous death provision in a Will or Trust. These provisions are intended to address what happens if two persons die such that it cannot be determined who died first. For example, what if a mother has a provision in her Will...
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...