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How do I protect my assets from Medicaid in Florida? You’re not really protecting them from Medicaid. What you’re doing is, you must qualify for Medicaid in Florida, and that may require you to spend down or use your assets to pay for your own care until they reach a certain threshold. There are two guide. There’s an asset test and income test for married persons, which is quite generous. However, if you’re a single person, the qualify for Medicaid, the amount that you can have is truly a small amount. I think it’s about $5,000. However, one big benefit that we have in Florida is your home. If you have homestead exemption on your home, then that does not qualify as an asset and does not have to be sold or used, the money from it for your care or to qualify for Medicaid. The property can’t be rented, however, it’s not considered, an asset as far as qualifying for Medicaid. So that is a huge benefit. Also, there are certain trusts that you can set up called a Miller trust to help qualify you. So if you need to do some Medicaid planning to try to preserve some of your assets for your heirs, give me a call at (727) 847- 2288.

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Who pays Florida documentary stamp tax. The documentary stamp tax are usually controlled by the contract, particularly, as far as it relates to transferring a property, the real estate contract for the sale and purchase the property. Customarily, the seller paying the documentary stamp tax. However, this can be changed by contract. Many times whenever a buyer is buying from a developer or a new home to be built in a new subdivision, the developer will put in the contract that the buyer’s responsible frame, the documentary stamp tax. If you obtain a note and borrow money and obtain a note and mortgage, well the lender will require you to pay for the documentary stamps on the promissory note. If you have any questions about who to pay, who pays documentary stamps, give me a call at (727) 847- 2288.

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Can I fire my real estate listing agent? Yes, you can. There are certain restrictions in your listing agreement which says that if you terminate it, you will be obligated to pay them a termination fee. Also, any time that you discharge them, they will be entitled to a real estate commission for any, anyone that they have introduced to the property or you have received inquiry during the listing period and they would be entitled to a real estate commission if you’re, I suggest if you wish to discharge your listing agent, you discussed with them the discharge and either paid them and have a release as far as being able to list it and also asked them if they would provide you with the list of any persons whom. They have introduced the property to so that you would know if you were going to sell it on your own, whether or not you would be obligated to pay them a real estate commission. Usually you would be hiring a different real estate agent and that would be satisfactory are usually okay with the real estate listing agent if you discharge them. They don’t necessarily have to release you from the listing agreement. And so if you, just because your firearm doesn’t mean that they’re not entitled to a real estate commission for the duration of their listing as well as their protection period after their listing expires. If you have any questions about discharging your real estate, listing agent, you have to be on call at (727) 847-2288.

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What is the look back period for Medicaid and Florida? It is five years. So whenever an application is made for Medicaid, you must indicate whether or not any conveyances transfers have been made for less than full and fair consideration. I believe the threshold amount is $500. As far as the value of any gifts or transfers that have been made, if any had been made during the five year period, well then it may, it will disqualify the applicant for a certain period of time, which is developed by dividing into the amount the cost of the Medicaid benefits. So, the five year period is five years. And in Florida, as far as Medicaid’s concern, and any questions about Medicaid will give me a call (727) 847-2288.

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What is the minimum age to execute a power of attorney? That is 18 years old and Florida and that at whenever a minor turns 18 they become adult and their disability as a minor is gone and they have the right to contract. And they can then assign or appoint an agent to act in their behalf. A under a power, a bunch attorney. So if you have any questions about a power of attorney, please give me a call at (727) 847-2288