Florida Elder Law & Estate Planning Blog


Social Security Administration reverses text message requirement
Social Security Administration reverses text message requirement
August 21, 2016

The Social Security Administration has backed off its recently introduced multifactor authentication system. Intended to tighten online security in compliance with Executive Order 13681, the new system requires those checking and managing benefits on www.ssa.gov. to provide, in addition to…

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New Digital Assets Law
August 20, 2016

Trustees, personal representatives and guardians seeking access to a decedent’s or disabled person’s digital assets are often rebuffed by internet providers citing privacy concerns. Digital assets are anything that exists online: documents stored in the cloud, email addresses, bank and…

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Financial Abuse
FL Supreme Court rules homestead property sale proceeds safe from unsecured creditors
August 9, 2016

The Florida Supreme Court recently ruled that under certain conditions, the proceeds from selling your homestead property are protected from unsecured creditors (creditors other than mortgagors, mechanic’s liens, homeowner association fees, property taxes). The ruling should benefit empty-nesters and others…

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Florida introduces ABLE Accounts!
July 14, 2016

Effective July 1, individuals with disabilities who have more than $2,000 in assets will not lose their means-tested federal benefits, provided that the funds are held in an ABLE (Achieving a Better Life Experience) account. The basics of ABLE accounts…

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New regulations for caregiver compensation explained
New regulations for caregiver compensation explained
March 21, 2016

In a previous news item we alerted you that effective October 2015, certain caregivers are no longer exempt from the Fair Labor Standards Act, and therefore must be paid minimum wage and overtime by their employers. Since then we have received…

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IRA charitable rollover now permanent
February 8, 2016

With bipartisan support, The Protecting Americans from Tax Hikes Act of 2015 was signed into law by President Obama in December 2015. It made permanent the option for those age 70 1/2 and over to make donations directly to qualified…

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Marriage
Impact on spouse of new Florida homestead law
October 26, 2010

Florida’s homestead property law, FL Statute 732.401, was amended effective October 1, 2010. If you are the sole owner of homestead property and wish to leave the home outright to your spouse, you may still do so. The law does NOT…

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Florida permits pets to be beneficiaries
January 1, 2003

Beginning January 1, 2003, Florida joins a growing number of states that permit residents to include a pet as beneficiary of an estate plan. Until now, Florida residents concerned about the care of pets should the pets outlive them, had…

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Florida law broadens spouse’s elective share
Florida law broadens spouse’s elective share
October 1, 2001

Under Florida law a surviving spouse can elect to receive 30% of the deceased spouse’s estate. As of October 1, 2001, the categories of assets on which this “elective share” is based are broadened. Additional categories of assets computed for…

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