Estate planning includes how you will dispose of your personal assets after you pass away, but it also involves much more. It includes making the decisions about who will take care of your minor children should something happen to you. It includes who you will designate to handle your affairs should you become incapacitated – as well as how you want your affairs to be handled. It includes decisions about where and how you want to be laid to rest. It is the responsible choice for those who want to protect their loved ones from pain and expense in addition to the grief that comes with passing on.
The responsibility of managing a trust is a huge one that comes with authority and many obligations. Unfortunately, very often, the trustee may find that his or her role comes under criticism from beneficiaries and other parties. In such cases, it’s important to have sound legal guidance about your rights under the law from an experienced Orange County trustee services attorney.
Bob Carlson offers comprehensive trustee services that help protect trustee rights. As a trustee, it is likely that you have little legal knowledge and understanding of estate law, probate laws, or the estate probate process.
Lady Bird Deeds
Lady Bird Deeds and Medicaid Eligibility A retained life estate (sometimes referred to as a “Lady Bird Deed”) transfer by deed to you and your children (called “remaindermen”) together as owners does not become effective until your death. When you transfer property by Lady Bird Deed, the Department of Children and Families does not consider the property to have been “transferred” for purposes of the 60-month (five years) lookback period, even though you have signed and recorded the deed. This means that a Lady Bird Deed does not disqualify you from receiving Medicaid benefits you would otherwise receive. This is clearly stated in Section 1640.0613.01 of the Florida ESS Policy Manual, which governs Florida’s Medicaid program.