Complex Legal Challenges
Many states, including Florida, have laws which require life insurance policies to become incontestable after a period of time. As a result, most life insurance policies have a provision entitled "Incontestability." So what does this mean? An incontestability...
Like many states, Florida's probate code includes a "Slayer Statute" located at Section 732.802, Fla. Stat. This statute provides that persons who intentionally kill, or procure the killing, of another person may not receive benefits under the deceased person's Will....
In Florida, the TV advertising lawyers talk a lot about settling cases. What you do not hear much about is whether, or when, settlement of a case must be approved by a court. Attorneys handling probate matters often are asked to assist in getting court approval when...
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,...
When a person establishes a Living or Revocable Trust, it is necessary to transfer certain assets into the Trust. Estate attorneys often call this "funding the Trust." Assets such as real estate, brokerage accounts, stocks, etc. can be transferred into the name of the...
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...
Estate planning attorneys often recommend that you transfer your assets into a Living Trust (also called a Revocable Trust). This process is sometimes called "funding" the Trust. By transferring assets into the Trust before death, you can avoid--or at least...
In the field of elder law in Florida, the CARES program is often discussed. The Comprehensive Assessment and Review for Long-Term Care Services (CARES) is Florida's federally mandated pre-admission screening program for nursing home applicants. Federal law...
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...
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...