Frequently Asked Questions

Many families benefit from both. A will directs how your property passes and who is in charge of your estate. A revocable living trust can help assets pass without probate and can provide for management if you become incapacitated. We help you decide what fits your family and your assets.

If you die without a will, Florida's intestacy laws decide who receives your property, regardless of your wishes. Your estate generally goes through probate, which can add time, cost and uncertainty for your family.

Review your plan after a marriage or divorce, the birth of a child or grandchild, a death in the family, a significant change in assets, a move, or a change in your health. Even without a major event, a periodic review is a good habit.

A power of attorney is a legal document that lets you name someone you trust to handle financial or legal matters for you if you are unable to. Without one, your family may have to ask a court for authority to act on your behalf.

A typical plan includes a will or revocable living trust, a durable power of attorney, a healthcare surrogate designation, a living will, and related documents such as HIPAA authorizations. The right set depends on your goals and your family.

Elder law focuses on legal issues that affect older adults, including planning for incapacity, long-term care, benefits eligibility and protecting assets for a spouse or family.

The earlier the better. Some planning options depend on timing, so meeting with an attorney before care is needed gives your family more choices.

That depends on whether the parent signed a power of attorney and healthcare directive while able to do so. Without them, the family may need to ask a court for authority. We can explain the options in your situation.

Medicaid planning is legal planning that helps individuals and families prepare for the cost of long-term care and understand how to qualify for Medicaid benefits while protecting assets as the law allows.

Medicaid reviews certain gifts and transfers made during the look-back period before an application, which is five years for long-term care Medicaid. Transfers in that window can cause a penalty period, so timing is important.

Medicaid can seek recovery from an estate after the recipient's death for certain benefits paid. Planning ahead can affect how this applies, so it is worth speaking with an attorney early.

Medicare generally covers only limited, short-term skilled nursing care after a qualifying hospital stay. It does not pay for ongoing custodial care, which is why many families look at Medicaid planning.

Some wartime veterans and surviving spouses may qualify for VA pension benefits with Aid and Attendance, which can help with care costs. Eligibility depends on service, medical need, income and assets.

Aid and Attendance is an enhancement to the VA pension for eligible veterans and surviving spouses who need help with everyday activities, such as bathing or dressing, or who are housebound.

Sometimes both are part of a family's plan, but each has its own rules, and the order and timing can matter. A consultation can help you see how they fit together.

Probate is the legal process of proving a will, appointing a personal representative, paying debts and distributing assets to the people entitled to them.

It varies with the size and complexity of the estate. Many estates take several months to a year or more. Planning ahead, including the use of a trust, can reduce what must go through probate.

Not always. Some assets pass outside probate, such as property in a trust or accounts with named beneficiaries. We can review what applies to your situation.