Asset Protection Video Index
- What Should I Do if My Fence is on My Neighbors Property?
- How Can You Remove Someone from a Quit Claim Deed?
- How Is a Home Calculated for a Divorce?
- Who Executes My Estate Plan?
- What is Advanced Care Planning?
- If a Contract Is Breached, Who Pays the Fees If We Go to Court?
- Can I Help Control My Children From Spending Their Entire Inheritance at 18?
- How Does President Biden’s “American Families Plan” Effect Your Estate Plan?
- Are There Any Tax Implications When an Estate Is Settled?
- Is It Safe to Do a DIY Will Services?
- What is the Difference Between a Supplemental Trust vs Special Needs Trust?
- How Much Can You Leave Beneficiaries Without Facing Estate Tax?
- How Are Creditors Handled in Probate?
- Do I Need a Trust For My Child With Special Needs?
- What Property Can Go Into a Living Trust?
- What Information Do You Share About Me With Other Beneficiaries?
- How Do I Safeguard Protect The Assets Were Left Behind?
- Why Would I Need a Disposition Without Administration?
- What Are My Duties As An Executor?
- Is The Previous Power Of Attorney Still Valid?
- How Do I Get My Deceased Parents Annuity?
- How Do I Dispute Charges On My Credit Card?
- Do I Have To Pay The Decedent Credit Card Bills And Medical Bills From A Joint Account?
- How Do I Check The Tax Status On An Estate?
- My Parents Just Passed Away And They Did Not Have Time To Update Their Life Insurance Beneficiaries, What Can I Do?
- Should You Purchase Insurance on Vacant Land?
- If The Decedents Will Names Me As The Executor/Personal Representative, Can I Show The Will To The Bank And Close The Accounts, In The Decedents Name?
- What Is The Difference Between Will and Estate Planning?
- Do I Need Require a POA For Assets And Healthcare Decisions?
- Does a 401k Have To Go Through Probate?
- Are My Assets Protected If I Place Them In A Trust?
- Do I Have To Pay Income Tax On Money I Receive From An Estate?
- Can a Credit Card Company Put a Lien On My House If I Do Not Pay Them?
- If My Husband Dies, Do I Have To Pay His Medical Bills?
- If I Go To A Nursing Home, Will They Take My House?
- I Am Ready To Retire, What Legal Documents Do I Need?
- Do I Have To Pay My Mother’s Bills When She Dies, If I Am On Her Bank Accounts?
- How Do I Protect My Healthcare Rights?
- Will My Assets Be Protected From Creditor Claims, If I Place Them In a Trust?
- How Do I Decide What Type of Will Is Best For Me?
- What Is Not Covered By Insurance After A Hurricane
- How Do I Handle An Inherited 401k
- What Do I Need To Include In My Will
- When Should I Get A Living Will?
- What Is The Difference Of A Living Will And Medical Power Of Attorney?
- What Is A Testamentary Trust
- How Can I Help My Kids Not Spend Their Inheritance After Turning 18
- Do You Have To Pay Capital Gains Tax On A Home Sale
- What Do I Need To Create A Medical Directive
- WHAT IS A MIRROR IMAGE WILL
- ARE MY ASSETS PROTECTED FROM CREDITORS IF I SET UP A TRUST
- Can I Contest the Handling of Money By My Power Of Attorney Representative
- When Should I Make Updates To My Estate Plan
- Does My Will Have To Be Probated
- Revocable Trust Vs. Irrevocable Trust: What’s The Difference
- What Is a Testamentary Deposit Account
- Does Revocable Trust Need a Bank Account
- What is a Reverse Mortgage
- Why Would I Need to Open a Trust Account
- What Makes Will Invalid?
- How Do I Determine If a Deceased Person Owns Property?
- Can I Legally Access A Deceased Person Email Account
- Who Gets a Deceased Persons Vehicle When It Has a Loan
- How Do I Transfer My Homestead
- How Do I Determine If a Deceased Person Has Life Insurance?
- Who Can Serve as A Personal Representative?
- Can I Legally Drive a Deceased Persons Vehicle?
- What Are the Drawbacks of a Living Trust?
- If I Have a Living Trust, Should I Also Have a Will?
- Does A Living Trust Avoid Estate and Probate Taxes?
- Should Bank Accounts of the Deceased Person Be Closed Immediately Upon Death?
- How Do I Release a Vehicle Lien?
- Who Will Serve as the Personal Representative if There is No Will?
- Is Retirement Income Taxable to a Beneficiary?
- Is It Ever Too Late To Start The Florida Probate Process?
- How Long Does Probate Take?
- What Legal Documents Should Everyone Have?
- Can a Bank Refuse to Honor a Power of Attorney?
- Can a Family Member Override Power of Attorney?
- What is Required to Make a Last Will Legal?
- Where Does the Money Go if No Beneficiary Is Named On My Deceased Spouse’s Bank Account?
- When Is An Estate Too Small For Probate?
- What Estates That Need Probate And Those That Don’t?
- How Often Should I Update My Durable Power of Attorney?
- Do I Need to do Estate Planning Even if I Don’t Have Much Money?
- How Do Assets Pass at Death?
- What is the Minimum Age to Execute a Power of Attorney?
- What is the Uniformed Transfers to Minor Act?
- Can Real Estate Titles be in a Child’s Name?
- How Do I Access Someone’s Bank Account After They Die?
- What Do I Do After The Death Of A Family Member?
- How Do I Designate Where My Retirement Accounts And Investments Go Upon My Death?
- How Does Homestead Pass Upon Death?
- Can A Parent Change Their POA If Their Agent is Not Cooperating With Their Instructions?
- Do Proceeds of “Payable On Death” Bank Account Have To Go Through Probate?
- Why Is It Important To Do Estate Planning If I Have More Liabilites Than Assets?
- How Often Should I Update My Estate Planning?
- Is It Important To Have A Will Even If You Have No Assets?
- Why Do I Need A Durable Power Of Attorney?
- What Is Elder Law?
- Ask Jaleh: Estate Planning Considerations after Medicaid approval.
- Ask Jaleh: Special Needs Planning For People With Disabilities
- How Is Estate Planning I Do In Florida Impacted When I Move To Another State?
- What Can Be Done If My Agent Under My Power of Attorney is Misusing Funds?
- Is a Revocable Trust Preferable to a Will?
- Who Should I Appoint as My Healthcare Surrogate?
- How Do I Obtain a Power of Attorney?
- What Are the Benefits of a Health Care Savings Account?
- Asset Protection Video Index
- What Do I Need to Know About Asset Protection?
- How Do I Protect My Assets From Lawsuits?
- How Do I Protect My Assets From Creditors?
- What Is An Estate Planning Lawyer’s Role When Negotiating A Marital Settlement Agreement?
- How Can Domestic Life Partners Use Estate Planning to Provide for One Another?
- If a Couple Divorces, What are the Right of the Ex-Spouse in the Former Spouse’s Estate?
- Do I Need A Health Care Surrogate For My Adult Son Or Daughter?
- Elder Law Video Index
- Can I Leave Money to My Pet?
- Do I Need a Living Will?
- Can I Prepare Estate Planning Documents for My Relative with Dementia?
- What is a Health Care Surrogate?
- Advance Medical Directives Video Index
- Estate Planning Video Index
- What’s the Difference Between a Will and a Trust?
- Do I Need a Health Care Surrogate if I have a Living Will?
- Published in Estate Planning, Videos
Ask Thomas Mitchell: How Have Medicaid Qualifications Changed in 2013?
Video Summary
Good afternoon, I’m Tom Mitchell. I’m one of the partners here at Waller & Mitchell. We’re located in downtown New Port Richey, Florida. I’m going to speak to you this afternoon for a few minutes about Medicaid. Medicaid is a joint federal/state program which provides for the medical care for a variety of individuals who are needy. It’s a welfare stop program so it does have asset and income qualifications.
The first group of people that it provides benefits to are families with children, and those benefits are limited to those individuals who make less than 185% of the federal poverty limit. Currently this year, for a family of four, that’s about $40,000 so if they’re in a family of four, mother and three children, father and mother and two children and make less than $40,000 they would qualify for Medicaid. A family also can be more than just a mother and/or father. It can include people such as grandparents, brothers and sisters, aunts and uncles, cousins, nieces and nephews, so it’s a wider-ranging program.
The next group of people who can qualify for Medicaid are the elderly, those over the age 65 – aged, as they’re referred to in the federal regulations. So if you’re up there and you’re 66 and you don’t think of yourself as aged, just take my word for it, that’s what the federal regulations say. If you’re over 65 and you are needy, that is you have income that is less than $710 a month, you can qualify for a program called Supplemental Security Income. If you receive at least $1 of Supplemental Security Income, you are entitled to Medicaid benefits and you can have your health insurance paid for by the government.
The other group of people that we frequently encounter that requires Medicaid services are the elderly who are in need of nursing home coverage. This program provides that the state will pay for the nursing home care of an individual who is impoverished. Now this is the federal government and these are the people that pay $2,000 for coffee pots so they have a little bit different idea about what constitutes impoverished. For a single individual it’s pretty straightforward. They can’t have any more than $2,000 in the bank and can’t make any more than $2,135 a month. If they do make more than $2,135 a month, we can prepare a special trust to qualify them in any event, and if you need that, please contact me. I’ll be glad to do that for you.
In the situation with a married couple, the rules are that we don’t want the couple to be in poverty. If we know that one of them is going to be in the nursing home, so they’re called the nursing home spouse. The other spouse is called the community spouse because they’re still living at home in the community, and in that situation, the community spouse is entitled to have $116,550 of assets exclusive of the house and the car. The spouse who’s in the nursing home, however, can only have $2,000 and can’t have income over the $2,135 that I mentioned a moment ago.
If you meet those qualifications, the government will pay for the nursing home care of an individual who requires it. There are some ways to plan and to qualify sooner rather than later and this is something that we do do at Waller & Mitchell. If you need this service, please feel free to contact me. Again, my name is Tom Mitchell. I’m one of the partners at Waller & Mitchell. Our telephone number is 727-847-2288.
Thank you.
- Published in Medicaid Planning, Videos
What Is The Difference Between Formal Administration And Summary Administration?
Video Summary
What is the difference between a formal administration and a summary administration? Well first, both of those are probate proceedings and that’s probably a four-letter word to most folks in that they don’t want to spend any money on lawyers or pay the government any money. A lot of that has been blown out of proportion, I think, over the years by the Reader’s Digest where they say that the government takes half the money and the lawyers take the other half, and it takes them six years to do it. In Florida, that is not the case. First, there are no estate taxes in Florida and furthermore the attorney fees can be negotiated. The statutes suggest that an attorney fee for handling an estate is 3% of the assets that are being probated and that usually has to do with the formal administration.
Formal administration is when you have creditors and you file a notice to creditors send it to the creditor and give them a period of time, which is three months from the date you first sent out a notice of the publication of creditors, and they can file their claims in the estate. So the personal representative will pay the claims and then the administration costs. There are no taxes unless your estate is in excess of $5 million dollars and then they distribute the balance of the money to the beneficiaries.
There is a short form of administration called a summary administration and that’s available when the assets that are subject to probate are less than $75,000 and some provision has been made to pay any creditors or there are no creditors involved. Usually this is done for a flat fee rather than based upon a percentage. If there’s homestead property and it’s passing to the various children or heirs of the decedent, that’s not counted toward the $75,000. Usually those fees are in the neighborhood of about $2,000 or $2,500 in attorney fees for summary administration plus the court costs.
So a formal administration will take probably four to six months and here again the attorney fees will be in the neighborhood of 3% of the assets with certain minimums of about $3,500 plus court costs. So if you need to have an estate probated, give us a call at 727-847-2288 and we’ll be glad to discuss what the fees will be, how long it will take and what assets are subject to administration. The big thing is to do some planning ahead of time to avoid having to worry about probate, so here again, give us a call at 727-847-2288.
Thank you.
What Does it Mean to Record a Satisfaction of Mortgage?
Video Summary
What is the significance of recording a satisfaction of mortgage? Well, the significance is it means you paid the thing off and so that’s just terrific! And so by recording a satisfaction, the lender signs it and you put it in the public record that shows that the mortgage is no longer a lien against your property. Many people talk about taking a name off of a deed or satisfying a mortgage, the way the official record books operate is you put documents in the official record books and you never take them out, and so then you simply file another document to show a change in the chain of title for whenever does a title search.
So by recording a satisfaction of mortgage, it shows in the public records there’s no longer a lien, and they usually state that the debt has been paid in full. Certainly if you do pay your mortgage off, you’ll want to obtain the promissory note and ask that it be paid because it is considered sometimes a negotiable instrument so that’s important to have. But the satisfaction of mortgage indicates that there’s no lien on the property and does indicate that the lender has probably been paid in full. Hopefully you have a satisfaction of mortgage that you need to record, but if you have any questions about it, give me a call at 727-847-2288.
Thank you.
- Published in Real Estate, Videos
Introducing…Jaleh Piran – Vesseh!
Video Summary
Hi! I am Jaleh Piran-Vesseh and I am the newest associate at Waller & Mitchell. My primary practice involves real estate litigation, both plaintiff and defense work. I love practicing law because at the end of the day, I love helping people.
If you have a legal question or would like legal advice, please feel free to give us a call at 727-847-2288.
Thank you so much.