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How Long Does Probate Take?

It is reasonable to expect that a simple probate estate will take approximately five or six months to properly handle. Probate is a court-supervised process for identifying and gathering the assets of a deceased person (decedent), paying the decedent’s debts, and distributing the decedent’s assets to his or her beneficiaries. Probate is necessary to pass […]

Reminder – Open Enrollment Period for Medicare Advantage and Medicare Prescription Drug Coverage

The Enrollment Period for Medicare Advantage (Part C) and Medicare Prescription Drug Coverage (Part D) is currently open. The deadline is Sunday, December 7, 2014, if you are interested in any of the following: Change from Original Medicare to a Medicare Advantage Plan; Change from a Medicare Advantage Plan back to Original Medicare; Switch from […]

On Behalf of My Parent, Should I Act as Guardian or Attorney-In-Fact?

If your aging parent becomes incapacitated and needs someone to make decisions on his/her behalf, including decisions regarding medical treatments, financial issues, or living arrangements, you have a choice between serving as an attorney-in-fact (agent) if your parent has executed a valid Durable Power of Attorney (POA) appointing you as such, or pursuing a guardianship. […]

Do I need a Will? Can I just write down where I want my assets to go or tell someone my intentions?

In Florida, as in every state, there are specific requirements that must be met in order for a Will to be validly executed. In order to be legally sufficient and distribute assets as the testator (one who executes a Will) intended, a Will in Florida must be executed according to Florida law. If the Will […]

Does Medicaid Pay For Long-term Care in the Home?

Medicaid provides important benefits for seniors and other individuals who are unable to care for themselves and who need long-term care. While many seniors benefit from Medicaid coverage to help pay the cost of a nursing home, there are also situations where a senior or his/her family members want to ensure that their loved one […]

“My dear girl, the day you see I’m getting old…”

My dear girl, the day you see I’m getting old, I ask you to please be patient, but most of all, try to understand what I’m going through. If when we talk, I repeat the same thing a thousand times, don’t interrupt to say: “You said the same thing a minute ago”… Just listen, please. […]

Can’t I Just Add My Child’s Name to the Title of my House to Avoid Losing my Home to Medicaid recovery?

Estate recovery is a process in which the government tries to recover funds paid out by Medicaid for long-term care costs or other medical expenses. Medicaid is a program designed to provide medical coverage for the poor, but it has become widely used by seniors to pay for nursing home costs. After a senior dies, […]

How is My Property Transferred if I Die Intestate

Creating a will is important to ensure that you have control over where your property and your assets go upon your death. A will is a simple yet essential estate planning tool and, upon your death, the distribution of property in your will should be carried out through the probate and estate administration process. If […]

What is the Difference Between a General and a Limited Power of Attorney

A power of attorney is a grant of authority to someone else to act on your behalf. For example, if you are selling a house and you need to be away at the time of the closing, you can grant someone power of attorney to sign the papers on your behalf during the sale. Power […]

Can Probate Be Avoided?

Probate is the legal process of settling the estate of a decedent. The probate process occurs in court. If the decedent left a Will, the process involves proving that the Will is valid, resolving creditor claims against the estate, filing any necessary tax returns and distributing the assets to the beneficiaries according to the terms […]

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