Blog: Newsletter Archive

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.…

Welcome to our new column where we share a planning tip to help you and your family. Tale: A new client retained our services to probate her Father’s estate. We asked the daughter to identify the children of her father – both those born to the family as well as adopted. Sheepishly she told us…

Happy New Year 2011! What a great time to create and achieve new goals that bring you peace of mind and fulfillment. We encourage our clients to have a legal check-up a minimum of every three (3) years. Why? The simple answer is that life’s circumstances change which can affect the advice we have previously…

Recently, one of our clients for whom we did long-term care planning for his Mother called to advise that his Mother had passed away. While her passing was a sad event the client had the peace of mind of knowing that he had arranged for the best possible care for his Mother and she had…

The new estate tax exemption, signed into law by President Obama, is $5 million dollars per person. A married couple can pass on wealth of $10 million. The law is retroactive to January 1, 2010. This means that any anyone owning total assets valued under $5 million at death will not incur an estate tax.…

On September 22, 2010 the Third District Court of Appeal in an unprecedented opinion held that Florida Statute 63.042(3) is unconstitutional as the classification does not have a rational relationship to the governmental objective.  That statute states: “No person eligible to adopt under this statute [the Florida Adoption Act] may adopt if that person is a homosexual. …