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 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

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

LONG TERM CARE INSURANCE AND ANNUITIES

The following audio presentation was recorded at the Elder Law Section of The Florida Bar’s “Essentials of Elder Law” program in Orlando, Florida on January 15, 2015. This program was presented to Elder Law Attorneys seeking a solid background on the most important areas of Elder Law. The program covers state and federal law as [...]

By | April 1st, 2015|Elder Law|0 Comments

HOW TO DECIDE WHO SHOULD BE YOUR HEALTH CARE SURROGATE

  Choosing a Health Care Surrogate (HCS) is a critical part of a client’s estate plan, since the person that the client is appointing may determine his or her future healthcare needs. However, most clients concentrate on their wills or trusts and spend very little time considering who should have the important responsibility of healthcare [...]

By | October 6th, 2014|Elder Law, Healthcare|0 Comments

Part One: What’s New in the Social Security Administration’s Approach to Special Needs Trusts?

Part One Establishing a Self-Settled Special Needs Trust Is Easier Said Than Done: A Two-Step Process Under the POMS, the resource counting provisions of Section 1613(e) do not apply to a trust: 1. Which contains the assets of a disabled individual under 65 years of age: 2. Which is established for the benefit of such individual [...]

What is Elder Law?

Miami Elder law is a specialty of law that addresses the rights of the elderly. It is a broad area of law that encompasses many distinct specialties. National and State Certification exams require an understanding of almost twenty areas of law. Some of these specialties are Public Benefits (e.g. Medicaid, Medicare, SSI and VA), Guardianship, [...]

By | December 20th, 2012|Elder Law|0 Comments

Leonard E. Mondschein Speaks at NAELA D.C. Conference

Leonard E. Mondschein, Chair of The National Academy of Elder Law Attorney's Practice Development/Practice Management Section organized and helped present a one-half day program at the 2012 NAELA D.C. Conference on November 8, 2012, entitiled "Advancing Your Practice." This program was attended by almost 100 Elder and Special Needs Planning Attorneys who came to hear [...]

By | November 18th, 2012|Elder Law|0 Comments