Florida Homestead Law in Probate

Gideon Alper Estate Planning

A common question that comes up at initial client meetings for living trust administration or probate concerns the treatment of the decedent’s homestead property. The heirs want to know if they can sell the parents’ homestead and whether a probate proceeding is required to handle the homestead. In most cases, these are families that used living trust planning to avoid …

Living Trusts Should Plan For Unforeseen Disabilities of Children

Jon Alper Uncategorized

When people create a living trust they usually do not plan for unforeseen change of circumstances. They assume that their family members’ current good health and with stable living situations will continue throughout their lifetimes. I recently consulted with a family that had to deal with unforeseen needs of a disabled child that was not anticipated when the parents drafted …

Revocable Living Trust and Florida Homestead Exemption

Gideon Alper Homestead Exemption

Yesterday a client wanted to know whether he would still qualify for the homestead exemption if his home was in a revocable living trust. As part of his overall estate plan, we decided to set up a living trust to protect certain assets from the creditors of his adult children. Once the trust was established, we advised that he deed …

Dissolution of a Writ of Garnishment in Florida

Gideon Alper Creditor Rights

One of our clients wanted to know how exactly a dissolution of a writ of garnishment in Florida would work. We already filed a motion to dissolve the writ of garnishment. The creditor’s attorney accepted the facts alleged in our motion and planned to file a Voluntary Dismissal of Writ of Garnishment. The filing of the dismissal was sent to …

Asset Protection in Post-Death Living Trust Administration

Jon Alper Estate Planning

Asset protection planning often continues after death, especially when a surviving spouse has judgements or is vulnerable to lawsuit.  The design of your estate planning determines whether your assets will be vulnerable to creditors of your surviving spouse or children. The typical living trust based estate plan for married couples the first spouse to die has left all their assets …

Will Asset Protection Trusts Protect Assets From Medicaid Agencies?

Jon Alper Medicaid

There are several types of trusts that are useful asset protection tools.  Asset protection trusts include irrevocable trusts with spendthrift provisions, offshore trusts, and domestic asset protection trusts available in some states (other than Florida).   I have been asked from time to time whether an asset protection trust will protect assets from being considered in an application for Medicaid …

Are Improper Medicaid Transfers A Form of Fraudulent Transfer?

Jon Alper Medicaid

Many  people who realize that their parents  may  need of long term nursing home care will consider whether their parents will qualify for Medicaid assistance. Medicaid benefits are available for people with minimal assets: only applicants with less than approximately $2,000 total assets qualify for Medicaid nursing home assistance. Clients frequently ask me if their parents can transfer their assets …

Medicaid and the Florida Homestead Exemption

Jon Alper Uncategorized

The Florida homestead exemption is Florida’s best known asset protection law. The exemption becomes more complicated, and more limiting, when it interacts with certain provisions of federal law. One example is federal tax law pursuant to which the IRS may place a lien on a taxpayer’s homestead to collect taxes. Another lesser-known change to Florida homestead is the provisions of …

Can Creditor Take My Furniture and Clothing?

Jon Alper Uncategorized

Some debtors are surprised when I tell them that the household furnishings and clothing they used on a daily basis are not exempt from their judgment creditors. Some people think that Florida law permits them to own their basic tools of living such as the clothes they wear, their children’s toys, the beds they and their family sleep in. Some …