SPECIAL NEEDS TRUSTS

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 to the judges are correct, and the orders are ready to be signed. As a result of decreased court funding from the Florida Legislature, recent law school graduates who have passed the Bar volunteer their time to serve as “ex parte” clerks.

In an effort to help teach these new lawyers about probate and guardianship procedure, experienced probate and guardianship attorneys have held special sessions on various topics such as Summary Administration and Accountings for Guardianship. These training sessions have been video taped for future use by new attorneys.

In February, 2014, Leonard E. Mondschein, J.D., LL.M, CAP, from The Elder Law Center of Mondschein and Mondschein, P.A., prepared a program and spoke to these new lawyers on the topic of Special Needs Trusts. The approximately one hour video explains the different types of Special Needs Trusts and how they are used. In addition, the video discusses Medicaid and other Public Benefits, as well as the proper pleadings when presenting these trusts to the Court.

Special Needs Trusts are a complex practice area involving Medicaid and other Public Benefits, Probate, Guardianship, Real Estate and the proper drafting of Wills and Trusts. After watching this informative video, please contact the Elder Law Center of Mondschein and Mondschein, P.A. for more information.