Do you know that you can designate different beneficiaries under your I.R.A. (Individual Retirement Plan) than under your 401(k) plan? A 401(k) provides protections for a surviving spouse whereas an I.R.A. does not. The reason for this is that a 401(k) is an employee based plan that is governed by the federal laws of ERISA…

Here are some of the highlights of the law passed in 2010: Health care coverage will be available to individuals who are denied insurance due to pre-existing conditions through 2013. In Florida, the Pre Existing Condition Insurance Program (PCIP) is run through the federal government. You must be a citizen or national, uninsured for six…

I have recently observed a client concern that I would like to share with you. When a person does not take the time to make pre-need funeral arrangements, if can cause conflict among the survivors. In certain situations the conflict may require resolution by a Court. To benefit our clients and help ensure that their…

The Fifth District Court of Appeals has reversed a trial court’s ruling that it could not approve a structured settlement proposal for a minor.  In Hancock v. Share (Case No. 5D10-2069) the minor’s Mother was appointed her Guardian. The Guardian petitioned the Court for approval of the proposed settlement and purchase of the structured settlement payable over…

When you left our office after signing your trust agreement you had peace of mind knowing that your estate plan was legal and enforceable. If you decided that you would fund the trust on your own did you complete that process? When you choose to handle things yourself we do not have an ongoing duty…

If you own a long term care insurance policy it is imperative that you notify your agent or insurance company that you want to designate a second addressee on the policy. This is important because if you fail to pay your premium, and the grace period has lapsed, and there is no secondary person to…

If you have ever had a settlement which needed to be protected by a special needs trust (SNT) then you probably know that federal law requires the Medicaid lien to be repaid at the death of the beneficiary.  No one has a crystal ball to forecast the size of the Medicaid lien or, the value…

For those unfamiliar with the complex nature of government benefits and the laws governing special needs trusts (SNTs) it might be assumed that it is a ‘forms practice.’  Nothing could be further from the truth.  Draft the SNT correctly the first time and the benefit is a happy client who maintains eligibility for government benefits…

There are three bills pending in the Florida Legislature concerning Medicaid reform. Each of them contain flaws and demonstrate that our representatives and the Governor do not understand or appreciate the necessity for an improved health care system or, why families should not be impoverished to provide basic medical care to their loved one. 1.…

The Arizona Court of Appeals has ruled that the state Medicaid agency can recover no more than the portion of the Plaintiff’s settlement that represents recovery of Medicaid payment made less costs of litigation. Southwest Fiduciary v. Willingham. The case consolidated two case. Rhonda Lundy was injured in a car accident and her conservator filed suit.…