Community legal services for seniors. Your county’s Area Agency on Aging provides community resources for seniors and caregivers. They’ll be able to connect you to local organizations that provide free and low-cost legal help for seniors. To speak with someone at Eldercare Locator, call 1-800-677-1116. 3.
Best Probate Attorneys near you 1 The Walton Law Firm, PLLC. ... 2 The Turner Myers Firm. ... 3 Tamar And Associates, LLC. ... 4 Shelly Ann Grant PLLC. ... 5 Law Office Of Adam I. ... 6 Tom H. ... 7 Law Office Of Steven C. ... 8 The Bryant Law Firm. ... 9 Winfrey Law Firm, PLLC. ... 10 Www.brendahamilton.wearelegalshield.com. ... More items...
One way is to consult ElderLawAnswers' directory of member attorneys. In order to be considered as a member of ElderLawAnswers, attorneys in our network must have a demonstrated commitment to elder law and a proven track record as an attorney in the field.
In recent years, we've increasingly seen the field described as "elder care law" and the lawyers as "elder care" attorneys. plan for Medicaid coverage of long-term care, and apply for coverage when the time comes; create and administer trusts.
Do I Need a Lawyer for Florida Probate? Yes, in almost all cases you will need a Florida Probate Lawyer. Except for “disposition without administration” (very small estates) and those estates in which the executor (personal representative) is the sole beneficiary, Florida law requires the assistance of an attorney.
A probate lawyer is a Florida state licensed attorney who guides the executors and beneficiaries of a will or estate through the probate process.
So the fact that you had power of attorney has no influence over whether or not probate is needed. Instead, this will depend on what assets the deceased owned, and whether these assets were owned in their sole name.
Generally, you will be eligible if your income does not exceed 125% of the Federal Poverty Income Guidelines. In some counties and in some cases, domestic violence and elderly clients may not be subject to the income guidelines.
Estimating the Cost to Hire a Florida Probate Attorney Florida statutes set forth what are considered reasonable fees for Florida probate attorneys at the following rate: $1,500 for estates up to $40,000. $2,250 for estates between $40,000 and $70,000. $3,000 for estates between $70,000 and $100,000.
For estates of $40,000 or less: $1,500. For estates between $40,000 and $70,000: $2,250. For estates between $70,000 and $100,000: $3,000. For estates between $100,000 and $900,000: 3% of the estate's value.
Every state has laws that spell out how much an estate would need to be worth to require the full probate process—anywhere from $10,000 to $275,000.
Before being granted probate, you'll need to sign a declaration of truth - the probate registry will tell you how they want you to do this. You won't need to go anywhere to sign in person. You'll need to send some documents with the forms, including: the original will (if there is one) and three copies.
Closing a bank account after someone dies The bank will freeze the account. The executor or administrator will need to ask for the funds to be released – the time it takes to do this will vary depending on the amount of money in the account.
Legal AidLawHelp.org is the gateway to legal aid providers in every state.FloridaLawHelp.org is the gateway to Florida legal resources.Florida Rural Legal Services (provides high-quality civil legal services to address the special legal needs of migrant and seasonal farmworkers throughout Florida.)More items...•
You qualify for legal aid if: You are on a low income or receive income-related benefits, such as income support, income-related ESA or JSA. If your monthly income, excluding PIP or DLA is above £2657 you will not be eligible for legal aid.
ABA Free Legal Answers is a website on which you can submit your questions about civil (non-criminal) legal issues and receive answers from pro bono lawyers in your state. It's EASY. Legal questions are submitted online – all you need is an internet connection. It's CONVENIENT.
The broad topic is called elder law, and it covers a variety of issues, from health care to social security to guardianship to fraud, and much more. It also deals with wills and estate planning, and what happens to your assets after you’re gone. It can be a complicated topic, but it’s important to know about as you get older.
To protect yourself against fraud and elder financial abuse, make it a point never to give out financial information over the phone. Never pay a fee in order to collect winnings you’re supposedly entitled to. Don’t sign any documents without first consulting with an attorney or a financial expert.
If you were the victim of identity theft, or otherwise provided the scammers with confidential financial information, then notify your bank, your credit card companies, etc., so they can issue you new cards, recover your money, and protect your accounts from further fraud. If you gave someone your social security number, or suspect they may be able to obtain it, then also contact the Social Security Administration .
Because the population of older adults is growing fast In the last decade, laws are also built to assure their rights and take care of their concerns. The elder law was made for senior citizens, especially those with special needs, who wants help in managing their medical and financial circumstances while growing old.
This refers to the fact that elderly people tend to be more trusting, which makes it easier to take advantage of them. This is particularly taken advantage of by telemarketers and phone-based scammers. A person who seems charming and helpful on the phone can convince an unsuspecting senior to buy a product or service for far more than it’s worth—or simply to provide their credit card and bank account information, which can be used to drain their savings and commit identity theft.
This is the person who will oversee the distribution of your assets and make sure that your final wishes are honored. Other duties of an executor include:
For a senior whose physical and mental health are declining, it can be a good idea to make arrangements in advance to hand some form of power of attorney over to someone you trust when you’re no longer capable yourself. Doing it voluntarily is much easier for all involved than having to go to court and have them declare you legally incapable.
The best way to go about getting all the information you may need as a senior in your location is to gather up all the information you may have used in the websites mentioned at the beginning of this discussion .
The best option for those seniors who depend on their social security as a single and only source of income is that they should apply to a different social security service called ‘Supplement Security Income’ or SSI program. This program is operated by the Federal Government in conjunction with your state government.
Benefits.Gov: This website has a full list of social services offered by the government. As a senior, all you have to do is go online and answer the questions asked there as accurately as possible. Once you submit your answer, the website will give you a list of programs, services, and government supplements depending on your eligibility.
As long as you have the necessary information on what it is you need , you can get the right kind of social services that will greatly improve your quality of life.
The VA offers excellent social services to military veterans who need continuous medical care due to their service-related disability. If this is the case for you, then you can put in an application for: Medical benefits. Prescription drugs. Hospitalization.
Social Security services are a right for every tax paying American. That, however, doesn’t mean that everyone gets the same share. If you earned your Social Security benefits based on a low-paying job, then you might want to find different ways of supplementing that income (especially if it is your only source of income).
It is a welfare-based Medicaid program that is administered by the Social Security Administration and it can provide you with a larger monthly benefit than your typical Social Security benefits.
If the decedent's probate estate consists only of what the state considers to be intangible assets, a probate estate can be opened in the county where the decedent lived at the time of their death.
Technically, you could "touch" the last two if you emptied them out and held the cash in your hands, but the law doesn't consider such finer points. And here's another wrinkle: Some states do consider retirement and bank accounts to be tangible because yes, they can be emptied out and "touched."
Although tangible personal property and real estate must be probated in the county where the property is physically located, an exception exists if the decedent owned tangible assets or real property located in more than one county within the same state.
Figuring out where to probate a loved one's estate can be simple or complex depending on what they owned. Some assets don't even require probate, but the chances are that you will have to open a probate estate if they die owning property in their sole name or as a tenant-in-common with someone else.
It's the only way to move that property from their name into those of their living beneficiaries and heirs. If the decedent died in the same county where all their property is located, there's no issue – this is where probate should be opened.
Probate is still required for any assets personally owned by a dece dent and not placed in the name of their trust.
If the decedent owned tangible, immovable assets like real estate, this usually requires that probate is opened in the state where it's located. If this is different from where they lived at the time of their death, you could end up handling more than one probate proceeding in different locations.
An Elder Law attorney can evaluate your future planning needs. They know all of the laws, restrictions, and eligibility requirements relating to federal taxes, government benefit programs, social security, Medicare, Medicaid, and long-term healthcare. They can advise you and help you draft a personalized plan for your future ...
They can advise you and help you draft a personalized plan for your future that works with the current laws and restrictions that are in place. An attorney can create end-of-life documents with you, for example wills, trusts, and power of attorney documents.
That is enough to bankrupt most middle class families. An elder law attorney can help you to plan in advance and make the costs more manageable. There are many options available for planning, that is why it’s important to meet with someone that can help you choose which one is best for your situation.
Planning for your future is about protecting and providing for the people you love. Meyer Law Firm in Jupiter, Florida guides you through the complic... Read More
Teresa Williams has 25 years of litigation experience in family, criminal and civil law. Teresa started her own law firm in 2006 and prides her... Read More
You may need an attorney who has expertise in planning and executing trusts and a background in taxes. Ask how the attorney charges; some charge by the hour, others have a set fee for writing wills, and some charge a percentage of the total value of the estate. Make a list of several potential wills attorneys to interview. Make sure you make a strong personal connection with your attorney — you need to be comfortable telling him or her personal, confidential information about your life, and you need to feel that the attorney is committed to solving any problems that may arise while writing your will. Also find out how long the attorney has practiced estate law and whether he or she has handled wills similar to yours.
Family attorneys and estate attorneys, also called probate and wills attorneys, can each prepare wills. The type of lawyer best suited to prepare your will depends on your situation. Most family attorneys provide services to prepare basic wills, including bequeathing property and personal items to family or naming a guardian for minor children. However, estate attorneys specialize in preparing wills in more complex situations. Consider hiring an estate attorney if you:
Although most family attorneys can put together a basic will, you may want one who specializes in wills and estate planning, especially if you have a lot of assets or a dependent to take care of. You may need an attorney who has expertise in planning and executing trusts and a background in taxes.
The cost typically ranges from $250 to $500, depending on your attorney’s fees; some charge by the hour, while others have a flat rate for writing a living will. Some states require living wills to be notarized, which adds an average of $5 to $15. In a living will — also called an advanced healthcare directive — you specify whether you want to be kept on life support if you become terminally ill or lapse into a persistent vegetative state. You can also answer other important questions in a living will like your preferences for tube feeding, artificial hydration and pain medication in situations when you cannot communicate your wishes on your own.