Video Summary

 

What recourse do I have if my builder does not finish my home by the agreed upon completion date?  This is a very troublesome problem whenever builders do not complete the houses or complete the improvements by the specified date.  Most contracts on new construction have a clause that says that the builder does not have any responsibility, and you cannot charge them with any expenses.

 

If they do not complete it on the agreed upon date, it is great if you can negotiate it in the contract what the damages are.  That is called a liquidated damage clause, and say, $100.00 a day.  If you can prove your damages, you can probably sue the contractor for damages for delaying completion, which is a difficult lawsuit.  So the best thing to do is try and cover that in the contract whenever you contract with the contractor to say how much it is going to cost them.  And there is a great deal of pushback by builders on not agreeing to put a liquidated damages clause in there.

 

What I have found is, whenever the builder really drags their feet and they have not shown up and have pretty much abandoned this job, then it is my suggestion you contact an attorney, send them a notice of termination, tell them that you are going to hire somebody else, and then sue them for any damages that you have if it is going to be worthwhile.

 

So if you have any problems with your builder and need some guidance, well, give me a call at 727-847-2288.

 

 

 

Video Summary


Medicaid Application Process.  A Request for Assistance, which is also commonly referred to as an RFA form is generally used to apply for most Medicaid programs.  With this form, the applicant must file permission steps to allow DCF to check Medicaid, medical and financial records, a form to specify which program is being applied for, and also a doctor’s statement showing the medical necessity of the applicant.

 

Following receipt of the RFA, the applicant will be notified by a letter containing a request for records the applicant needs to assemble in order to complete their application.  Most records requested are bank statements and other financial records tending to show the financial status of the applicant, such as estate planning documents.

 

After all information is assembled, the case will be decided and a letter will be sent to the applicant informing them of the grant or denial of aid.  Usually the decision letter is sent within 45 to 60 days of the application date.  It is important to note that it is always best for a lawyer – your lawyer – to handle this process from start to finish, rather than attempting to complete this process individually or through a family representative.  Organization and proper presentment of information is necessary, as is the knowledge of laws, rules and regulations, in order to successfully complete this process.

 

Also, it’s very important to know that the date of your application is key to determination, since in most instances the grant of benefits will be retroactive to the first day of the month in which the application is processed.  If the applicant is eligible for one day of the entire month, then entitlement is good for the entire month applied for.  Also, the Institutional Care Program entitlement date is the date in which the institutionalization began and the applicant is otherwise eligible.  Another component of the application process is verification of U.S. citizenship.  Another component is verification of residency in the state of Florida at the time of the application.

 

What types of financial records must be gathered to ensure complete financial disclosure for the Medicaid application process?  Such types of documents include: VA benefits forms and letters, pension benefits, life insurance records, security statements, bank records, deeds, accounts payable such as notes and mortgages, tax bills such as real estate tax bills from the preceding year, vehicle registration, title papers, insurance information such as homeowner’s insurance, disability insurance, life insurance, funeral records, burial accounts, funeral and plot contracts as well as funeral deeds, prenuptial and postnuptial agreements, powers of attorney, utility bills, receipts and other records showing current utility needs, HOA statements and dues, leases annuities, personal services contracts are also very important to include.  It’s very important to note that the list I just provided is not an exclusive list of all the documents that must be provided in the Medicaid application process.

 

If you would like us to help you with your Medicaid application process, we would be honored to do so.  Please give us a call at Waller & Mitchell, 727-847-2288.

 

Video Summary


Can a home equity loan be used to purchase investment property?  The answer is yes.  You can use the proceeds from a home equity line of credit to purchase investment property.

 

Once you obtain this line of credit on your home, the bank does not monitor what you use the money for.  You can use it for entertainment, to pay off credit cards; you can use it for anything you like.  The downside of it is, you put a mortgage against your home.  So if you do not repay it, your home is at risk.

 

So yes, you can use the proceeds from your home equity line of credit to buy investment property, or for that matter, to take your bride out to dinner.

 

If you have any questions about a home equity line of credit, give me a call at 727-847-2288.

 

Video Summary

 

Using long-term care insurance and planning for incapacity.  Long-term care insurance, available through private salesmen or through union and employment sources can be an essential planning consideration in advance of incapacity.  There are three main types of coverage available in long-term care insurance – home healthcare insurance, assisted living care insurance and skilled nursing care insurance.  The cost of medically necessary skilled intermediate and custodial care nursing, home residency will be covered if policy considerations are met.  This may be crucial to affording care if you are not eligible for Medicaid as the average cost of skilled nursing care, currently in New Port Richey, Florida, is approximately $7,000.00 per month.

 

In-home care – the cost of a doctor prescribed home healthcare aide furnished by a home healthcare agency will be covered if policy conditions are met in the right circumstances.  This may be crucial to some, as without coverage, the average cost of a home healthcare aide in New Port Richey, Florida is approximately $100.00 per day.

 

Assisted living care insurance – the cost of assisted living care insurance are increasingly covered by modern policies.  Some policies are equating assisted living care coverage with home healthcare coverage for insurance policies and either one of them will be covered under the benefits of your policy if you have home healthcare insurance.  The average cost of the assisted living care facility for a monthly basis in New Port Richey, Florida currently is approximately $2,000.00 per month.

 

There are some considerations that you need to make prior to purchasing long-term care insurance.  The younger the purchaser, the less expensive the policy premium is going to be.  For the desired coverage, it is recommended that a person at age 75 would pay approximately $5,000.00 to $6,000.00 per year in premiums for long-term care insurance.  Additionally, another benefit is a tax deduction that you may make when you file your income taxes.  The tax deduction that you may make would need to be for an itemized tax return for long-term care insurance, but the premium must be at least or more than seven percent (7%) of your adjusted gross income.

 

Also, very few companies will write policies for people who are over the age of 82 years old.  To be very honest, most insurance companies won’t write them at all.  That’s why it’s very important to take these considerations into your estate planning when you’re at age 70 and older.  As you get older, as I stated it’s increasingly difficult to get this sort of insurance coverage.

 

Most important to consider in planning for long-term care insurance is the quality of your insurer.  Dealing with the fly-by-night insurance company may save you costs in the interim, but it will surely mean more grief when the time is come to collect the benefits that you crucially need at that time.  Most important to consider is the stability of the company, it’s management skills, it’s payment history, and the investor practices of the specific company.

 

These are the most important evaluations to consider with long-term care insurance.  If you have any questions or need assistance in involving incapacity of your loved one, please give me a call here at Waller and Mitchell at 727-847-2288.

 

 

 

Video Summary


How long can you remain in your home after the property has been foreclosed and has gone to auction?  Well after it is auctioned off, the clerk will issue a certificate of sale and approximately 10 to 14 days after the property has been sold they should be issuing a certificate of title.  If you are the owner of the property, they then can apply to the court for a writ of possession.  In years past, the courts depending on which particular court it is or judge, they have issued an order direct from the clerk to issue a writ of possession, so I would have in the past told you have about 10 days to 14 days before you would need to move out because once a writ of possession is issued you only have 24 hours.

 

However, that depends a lot on the lender and if they wish to take possession right away.  In the past, we have seen lenders contact the owner and have a realtor contact them about when they are going to move out and work with people as far as vacating and leaving the property in good condition.  There used to be even some assistance where they would give cash for keys in order for the person to leave and not damage the property.  Lately we have seen whenever we have foreclosed and request the court enter an order directing a writ of possession to be entered, the courts telling us in Pasco County, Florida that we have to set our motion for hearing, which is out probably six weeks.

 

Unfortunately, I cannot give you a hard and fast rule but it is safe to say that you have a minimum of 10 days after the foreclosure sale to be able to stay in your home or stay on the property.  If you are a tenant, the Federal Obama Law has sunsetted and there is no longer a federal law that allows you to remain in the property after the property has been sold at auction on a foreclosure sale.  However, I believe there is now a state statute and I am not sure the effective date that may give you some relief to be able to stay in there if you were a tenant of the property.  So unfortunately I have not given you a definitive answer but you do have a minimum of 10 days.

 

If you have any questions or need representation in conjunction with the matter, give me a call at 727-847-2288.