A Lady Bird Deed is a life estate deed which reserves the right in the life tenant to divest the remainderman of his or her interest by conveying title to a third party without joinder of the remainderman. A Lady Bird Deed can be created by the owner or by a third party by reservation [...]
Lady Bird Deeds, also known as Enhanced Life Estate Deeds, have seen an increase in popularity in the last 20 years, primarily in the areas of estate planning and elder law. Along with the increase in the number of attorneys using Lady Bird Deeds, there has been an increase in the creativity of drafting techniques. [...]
The Miami-Dade County Probate Court holds “ex parte” hours on Tuesdays and Thursdays for lawyers to meet with the four probate judges on uncontested matters. Prior to meeting with these judges, lawyers must have their petitions and orders reviewed by ex parte clerks. These clerks are trained to make sure that the pleadings presented [...]
The Elder Law Center of Mondschein and Mondschein, P.A., has relocated its main office to 10691 North Kendall Drive, Suite 205, Miami, Florida 33176. The telephone number of the firm remains the same at (305) 274-0955. This move strategically places the firm closer to most of its clients, by relocating to the center of Miami-Dade [...]
Part Six: What is new in the Social Security Administration’s Approach to Special Needs Planning and Trusts?
Retroactive Amendment of Trust - Nunc Pro Tunc - Not Likely to be Accepted by SSA. In reviewing an existing special needs trust, the Social Security Administration may determine that the trust fails to comply with one or more SSA rules and regulations. This may occur, for example, where the trust permitted the payment of [...]
"Savings Clauses" are of No Help Under the POMS. In drafting a special needs trust, many practitioners include a "null and void" or "savings" clause in the document. These clauses operate to cure defects in a trust and preserve the remaining trust provisions. They prevent the trust from being determined to be invalid by removing [...]