Florida Elder Law & Estate Planning Blog

From New York (or anywhere else)? How to prove Florida residency for tax purposes
December 5, 2015

Florida welcomes about 55,000 permanent transplants from New York State each year (Bloomberg 2/6/15). Besides avoiding the winter (certainly understandable given the unrelenting cold of 2015), many are seeking relief from New York income tax, and ultimately, New York estate…

Morgan Freeman and Granddaughter
Morgan Freeman’s granddaughter dies intestate, father who abandoned her set to inherit half her assets
December 2, 2015

You don’t have to be rich. You don’t have to be old. Everyone needs an estate plan. Without a valid plan specifying who gets what if you pass away, the state you reside in will make those decisions for you. Don’t…

Florida law introduces ALF reforms, should keep some residents from having to move to nursing homes
September 9, 2015

A new Florida law is expected to prevent assisted living residents from having to enter nursing homes prematurely. The new law, HB 1001, gives ALF staff who have certain training the authority to help residents perform routine health-related tasks such…

ALERT: Criminal penalties for non-lawyers engaging in Medicaid planning — and maybe, for those who hire them!
February 2, 2015

The Florida Supreme Court on January 15, 2015 ruled that a non-lawyer is guilty of the unlicensed practice of law if the individual engages in Medicaid planning activities for clients leading up to the application. The Supreme Court took up…

Florida has a large senior population but other states also greying fast
June 8, 2013

Sure, Florida has a large numbers of retirees. No surprise there. But this may surprise you: Florida’s over-65 population is not growing as fast, percentage wise, as in other states. In fact, it doesn’t even crack the top ten. The…

Can you disinherit an adult child?.
February 18, 2013

Not all parents enjoy a warm relationship with all their children. I’ve met with many parents – some pained, some resigned, others angry – who have been estranged from their children for years. They may have tried reaching out and been…

Money in Trash Can
Do-It-Yourself Estate Plans: Saving Money or Throwing it Away?
September 10, 2012

We often warn readers about the dangers of using do-it-yourself websites and pre-printed forms to create wills and trust. Experienced estate planning lawyers do more than put together a pile of papers for you to sign and take home: We…

Divorce Pending
Florida Durable Power of Attorney for Property: New law terminates spouse’s powers when dissolution of marriage is pending
August 13, 2012

There have been changes to Florida Statute 709.2109 governing the Durable Power of Attorney. Under the new law, in the event of divorce or annulment, or when an action is filed for divorce or legal separation, your spouse loses the…

Senior Man in Wheelchair
Will Medicare pay for your Florida nursing home?
July 7, 2012

Are you one of the many Florida residents relying on Medicare to pay your way if you ever need nursing home care? Depending on what you mean by “nursing home,” you, your family and your pocketbook could be in for…

Your flesh-and-blood estate planning lawyer
January 30, 2012

A shout-out to Attorney Greg Herman-Giddens, who posted this excellent piece on his North Carolina Estate Planning Blog. It’s easy to tell horror stories about the trouble clients get into with do-it-yourself estate planning forms. His post instead concentrates on all the positive…