About LEONARD MONDSCHEIN

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So far LEONARD MONDSCHEIN has created 41 blog entries.

DO I NEED TO DIVORCE MY SPOUSE IF HE GOES INTO A NURSING HOME?

Many clients who are married are faced with nursing home placement for their spouses. If the spouse in the community has assets in excess of the Community Spouse Resource Allowance (CSRA), presently set at $120,900.00 for 2017, the Department of Children & Families (DCF), will reject the case. While there are many planning opportunities available [...]

By | January 4th, 2017|Elder Law|0 Comments

Planning for Married Couples: PART 5 – flexibility in plan

Building Flexibility into the Estate Plan Formula Clauses: Coming Full Circle Power of Appointment Credit Shelter Trust - “A Final Bite at the Apple” or “Maybe not Ready for Prime Time.” With the increase of the applicable exclusion amount to $5.43 million in 2015, and the enactment of portability, on the surface it appears reasonable [...]

By | April 11th, 2016|Elder Law|0 Comments

Planning for Married Couples: PART 4 – flexibility in plan

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 Trust, the entire estate is left to [...]

By | April 4th, 2016|Elder Law|0 Comments

Planning for Married Couples: PART 3 – flexibility in plan

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 benefit of the surviving spouse, or a combination thereof. [...]

By | March 28th, 2016|Estate Planning|0 Comments

Planning for Married Couples: PART 2 – Asset protection

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 other spouse. At the death of the first spouse, [...]

By | March 21st, 2016|Elder Law|0 Comments

Planning for Married Couples: PART 1 – Asset protection 

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 is not divisible on behalf of one spouse alone, [...]

By | March 14th, 2016|Estate Planning|0 Comments

PLANNING FOR MARRIED COUPLES: INTRODUCTION

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. This is increasingly important information as there has been a [...]

By | March 8th, 2016|Estate Planning|0 Comments

THREE RECENT CHANGES TO THE MEDICAID MANUAL IN FLORIDA

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 if: the individual’s spouse or dependent relative resides [...]

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

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 empezar, si la persona esta aplicando para un Nursing [...]

By | December 21st, 2015|Elder Law|0 Comments

WHAT SHOULD I DO WITH MOTHER’S 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 income will typically be needed to pay for assisted living, [...]

By | April 29th, 2015|Assisted Living, Medicaid, Nursing Home|1 Comment