Blog: Newsletter Archive

Effective July 1, 2012, a new Florida law takes affect concerning beneficiary designations on employee benefit plans.  Under current law, when a divorced individual dies if their Last Will & Testament designates their former spouse as a beneficiary that provision is void. Even if a divorced individual dies without changing their Will the former spouse is treated as…

Are you awaiting responses from colleges to your son or daughter’s applications? Hearing about Prom and planning graduation parties?  What a great time for your child and you! You have done an awesome job raising your children and preparing them for what lies ahead. But, do you realize that on your child’s 18th birthday you can no…

Hindsight is twenty-twenty and it is always easier to assess what should have been done after the fact. Consider some very simple yet powerful planning tips for your and your friends’ young adult children. Tale: A.B. was nineteen (19) years old when he was hit by a police vehicle during a police chase.  A.B. suffered traumatic…

  No matter how great your professional success, you and your family are doomed to be the subject of an expensive and time-consuming guardianship proceeding in the future if you do not have a plan. So… How many of you have a legal plan to manage your financial and medical affairs in the event of incapacity…

As parents we believe we will live forever and always be there for our children. This is especially important for parents who have a child with a developmental disability. I would like to share a few tips for you to think about: 1. Guardian Advocate: When the child reaches age 18 they are legally an adult even if they…

1. Thou shalt recommend to your client to consult with a board certified elder law attorney before mediation. 2. Thou shalt take steps to preserve the client’s government benefits with a special needs trust. 3. Thou shalt  have a guardian appointed timely. 4.  Thou shalt notify the Medicaid collection agency of the settlement and satisfy the casualty lien. 5.  Thou shalt recommend a combination of cash and a…

Plaintiff’s receiving a settlement want to have it safely and conservatively invested.  As attorneys, we share their concern about dissipation of the settlement perhaps for different reasons.   To safeguard the client (sometimes from their own fiscal irresponsibility) structured settlements are an option.  The use of a structured settlement can be a double-edge sword as explained below.…

Imagine you have litigated a nursing home negligence case for years and you finally have received a reasonable offer to settle.  As you present the news to your client he says “do I have to pay back the Medicaid lien? If I do there won’t be much left for me and I won’t settle.”  You quickly…

As we approach January 2012 when CMS will enforce mandatory reporting by insurance carriers for liability settlements, do not be surprised if more insurance carriers delay issuing payment until Medicare’s interests have been satisfied.  Insurers are concerned, and rightly so, that they will be held responsible by CMS for repayment of Medicare’s conditional payment under…

There are several ways criminals try to exploit seniors. One of the most common ways is by stealing your identity. Here are some tips, recommended by the Academy of Florida Elder Law Attorneys, about how to minimize your chances of falling victim to the unscrupulous: Shred important papers. Don’t put outgoing mail in an unsecured…