Recent Blog Posts
How to Avoid a Will Contest
Estate planning is supposed to provide peace of mind. With a detailed estate plan, our clients know exactly who will receive what when they die. However, will contests are always a possibility. Disappointed heirs could allege that you lacked capacity or were coerced into signing your will. They might bring a lawsuit to have… Read More »
Revocable versus Irrevocable Trust: Which is Right for You
Many of our clients use a trust as part of their overall estate plan. A trust is a legal vehicle in which a trustee holds and manages property for the benefit of someone else, called the beneficiary. There are generally two types of trusts: revocable and irrevocable. Below, our estate planning lawyer in The… Read More »
Panel Recommends Ending Ban on Nursing Home Visitation
A task force has recommended that Governor DeSantis allow the ban on visitation at Florida’s long-term care facilities to expire this September. The Task Force on the Safe and Limited Re-Opening of Long Term Care Facilities issued its recommendations last week, though it is up to the Governor to ultimately approve the reopening. Nursing… Read More »
Waiver on Required Minimum Distributions for 2020
Taxed-deferred retirement plans are a great way to save. However, the government must wait until a person retires before they can begin taxing the money invested in them (along with any gains generated). To avoid waiting forever, Congress stepped in and mandated required minimum distributions (RMDs). The RMD is the amount that a person… Read More »
Objecting to a Final Accounting
An estate’s personal representative has many duties, including safekeeping estate assets and paying valid claims made on the estate. Before an estate can be closed, the personal representative needs to provide a “final accounting.” Essentially, this is a disclosure of all the transactions of the probated estate. Interested persons, including heirs and beneficiaries, must… Read More »
Medicare Can Pay for In-Home Care
A key goal for many seniors is maintaining their independence. Most want to put off the day when they must move in with a child or into an assisted living facility/nursing home. However, some seniors also need some medical assistance while living at home. Fortunately, Medicare will cover in-home care in certain situations. The… Read More »
Providing for a Caregiver in a Will
Many elderly people want to leave something to their caregiver out of gratitude for the care they have received. However, leaving gifts to a caregiver is a legal landmine, and we encourage all people to meet with an attorney. Leaving a gift to a caregiver can raise concerns about “undue influence,” which your heirs… Read More »
How to Discuss Your Estate Plan with Your Children
If you die with a will, your family will probably gather around in a lawyer’s office to hear the will read. This can be a tense moment for all involved, and if people do not get what they were expecting, they could become angry. At Millhorn Elder Law Planning Group, we encourage our clients… Read More »
New Review Teams Could Investigate Suspected Elder Abuse
Governor DeSantis has recently signed legislation that allows for the creation of review teams across Florida tasked with investigating suspected elder abuse fatalities. We welcome the creation of these teams, as elder abuse has proven difficult to eliminate around the state, including in nursing homes. According to media reports, the law does not mandate… Read More »
How an Attorney Can Help a Personal Representative
Serving as a personal representative is often much harder than people expect. Named in a will, the personal representative is tasked with collecting all estate assets, safekeeping them, and paying off creditor claims made against the estate. At the end of the process, the personal representative distributes assets to the named beneficiaries. Under Fla…. Read More »
