Blog

02 Jan LEONARD E. MONDSCHEIN, J.D., LL.M, CELA, CAP receives “The Jerome Solkoff Advocacy Award”

Posted at 19:16h in Elder Law

LEONARD E. MONDSCHEIN, J.D., LL.M, CELA, CAP receives, "The Jerome Solkoff Advocacy Award" The Academy of Florida Elder Law Attorneys (AFELA) presented "The Jerome Solkoff Advocacy Award” to Leonard E. Mondschein at the organization’s annual meeting in December, 2022. The annual award is given to an...

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15 Jul All Powers Of Attorney Are Not The Same

Posted at 19:22h in Elder Law

When a person is mentally incapacitated, it is important to have a power of attorney already in place in order to take care of his or her affairs. There are many tasks, such as banking, bill paying, and creating other legal documents, that have to...

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04 Apr Planning for Married Couples: PART 4 – flexibility in plan

Posted at 23:21h in Elder Law

Building Flexibility into the Estate Plan Formula Clauses: “Disclaimer Funded Credit Shelter Trust” The most flexible trusts include the “Disclaimer Funded Credit Shelter Trust” and the “Clayton Trust.” The discussion below explains the benefits of each trust. Disclaimer Funded Credit Shelter Trust: With a disclaimer funded Credit Shelter...

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28 Mar Planning for Married Couples: PART 3 – flexibility in plan

Posted at 23:20h in Estate Planning

Building Flexibility into the Estate Plan Formula Clauses: “General Power of Appointment Marital Trust” In developing an estate plan for a married couple, we may direct that all assets pass to the surviving spouse, place assets in a Marital Trust or Credit Shelter Trust for the...

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21 Mar Planning for Married Couples: PART 2 – Asset protection

Posted at 23:18h in Elder Law

Strategy for Asset Protection: Inter Vivos (Lifetime) QTIP Trusts: For married couples who are concerned with asset protection, non reciprocal inter vivos QTIP trusts may be considered. Using this planning technique, each spouse creates and funds an inter vivos QTIP trust for the benefit of the...

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14 Mar Planning for Married Couples: PART 1 – Asset protection 

Posted at 23:16h in Estate Planning

Strategy for Asset Protection: Holding Property as Tenants by The Entireties in Florida In Florida, when property is held by a husband and wife, as tenants by the entireties, only the creditors of both spouses, jointly, may attach the tenancy by the entireties property. The property...

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08 Mar PLANNING FOR MARRIED COUPLES: INTRODUCTION

Posted at 23:12h in Estate Planning

This is an introduction for a six part series on planning for married couples. Over the next several weeks, I will be presenting a series of blogs concerning Asset Protection Strategies, Building Flexibility into an Estate Plan, and Comparing Trust Design Options for Married Couples....

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04 Feb THREE RECENT CHANGES TO THE MEDICAID MANUAL IN FLORIDA

Posted at 03:30h in Medicaid, Medicaid Application, Medicaid Eligibility

MEDICAID UPDATE I. INDIVIDUALS WITH HOMES IN ANOTHER STATE ESS 1640.0543.02 (MSSI) “Individuals who meet Florida’s residency requirements solely because they are institutionalized in a Title XIX Medicaid facility in Florida, but who have a home in another state, may have that home excluded as an asset...

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21 Dec CUAN PRONTO, PUEDO CUALIFICAR PARA EL BENEFICIO DE MEDICAID, 
EN EL ESTADO DE LA FLORIDA

Posted at 16:53h in Elder Law

Una de las primeras preguntas que el cliente en prospecto, me hace en relación al tema de la crisis de derecho de los ancianos, como consulta es, “Cuan pronto puedo yo calificar para Medicaid?” La repuesta a esta pregunta, depende de los hechos del caso. Para...

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29 Apr WHAT SHOULD I DO WITH MOTHER’S HOME?

Posted at 18:00h in Assisted Living, Medicaid, Nursing Home

“What should I do with my mother’s home when she is in an assisted living facility or a nursing home and is no longer living at home?” This is one of the questions that I am frequently asked at initial consultations. Since all of mother’s...

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