FAQ Elder Law Attorney – Part I


Many of the questions that are asked of me are repeated quite often, so I thought it would be useful to discuss these elder law topics in the following article.

I want my assets to my children, but is there a way to protect assets from future creditors divorce or my child? Money for the children may disappear for various reasons – divorce, bankruptcy, litigation, or bad investments, just to name a few. One way to protect your family money by using a trust.

Mary and John, four adult children, all with varying financial success. Dennis, the oldest and most successful financial, have no need for financial support from their parents. Judy, the next in line, unfortunately, has been through a terrible divorce and is struggling to raise her son on her own. Paula and Frank are both married, but their marriage has had their ups and downs. Paula’s husband has been known to invest their limited resources in a failed get-rich-quick scheme. Frank has just borrowed a lot of money to start your own dentistry practice of his.

Parents never stop worrying about their children and Mary and John are no exception. They worry more leaves, whether Judy will have enough, whether the company Frank will flourish, or whether he will be sued by the patient. They are also worried that be enough for his grandchildren.

So what can Mary and John to make sure what assets they actually go help their children and grandchildren? The answer is to use trust in their estate planning. Trusts can continue after the death of parents through the lives of the children and if the grantor chooses alive grandchildren as well. The funds are left for the benefit of children and grandchildren, but the restriction of access to trust funds. The assets are there if needed, but can not be removed down to the behavior. This restriction provides the necessary protection.

funds in trust are protected from creditors in bankruptcy. As creditors, plaintiffs in lawsuits can not depend trust. Funds left for the benefit of Frank will not be available if it is ever sued for dental malpractice. Also, the funds will not be marital property in case of divorce. A properly prepared trust will protect your family from creditors, responsibility and future creditors divorce.

independent trustee can protect trust beneficiaries from wrong choices, whether they are risky investments or foolhardy spending. While parents can not protect their children from bad luck, they can create a cushion for them if that happens. Some trust beneficiaries will protest not having full control and access to funds. This is a compromise. Do the benefits outweigh the disadvantages? You must decide what is best for your situation.

I have a disabled child. How can I see for the future of their welfare? One of the main concerns for parents with children with disabilities is how to provide for their financial future. Here are some legal tips to consider:

buy enough life insurance. Parenting is irreplaceable, but someone has to fill in. Arguably, an individual or family must pay at least some services parent had provided when able. If the estate is not large enough for this purpose, can be large enough in life insurance proceeds. Premiums another to-die insurance, which pays off only when one of the two parents passes away, can be surprisingly low.

Setting up a Special Needs Trust. Any funds left for a disabled child, whether from the estate or the proceeds of a life insurance policy, should be held in trust for the benefit of his or her. Go money for someone with a disability threatens public benefits. Many people with disabilities can not manage funds, especially much. Some families destroyed, children with disabilities, rely on their siblings to care for them. This approach is fraught with potential problems. Siblings can be sued, leaves, disagree on its obligations, or use the funds for their own benefit. It can also cause problems siblings tax. The best approach is to set up a fund set aside for the disabled child, known as the Special Education Trust.

Will Prepare and include the appointment of a guardian. While Will and the appointment of a guardian is important for anyone with minor children, it is doubly so if the child is disabled. Finding the right guardian can be difficult. In some cases, the care needs of the child can be so challenging that he or she will need another guardian of her siblings. Parents need to make these decisions while they can.

Have a Care Plan. All parents caring for disabled children should write down what everyone successor caregiver would have to know about the child and what the wishes of the parents for the care of his or her. For example, the child should be in a group home, living with siblings, or be on his or her own? Typically, the parent knows best, but they need to pass on information. They can explain what help, it hurts, it scares children, and what is explained to them.

Coordinate with other family members. Even a well-developed program can be sabotaged by well-meaning relatives who leave money directly to a child with disabilities. If special needs trust is created for the benefit of the child, should grandparents and other family members to tell about it, so that they can directly inheritance they may wish to go to the baby through the trust.


What is a breach of fiduciary duty in divorce?


fiduciary duty refers to the responsibility of each partner to act in good faith in matters affecting marriage or other partners, and not looking for an unfair personal advantage. It is intended to prevent one spouse-partner-manager usually take advantage of a dependent spouse who may be unaware of certain transactions in financial instruments and property assets. In some cases, a spouse can be held accountable for unintentional violations of fiduciary obligations.

In many cases refers to financial matters where one spouse may act in a way that benefits him or her more than other partners. For example, if one spouse uses their own individual his or her assets in a transaction that gives them much benefit can be asked why community assets (acquired after marriage) was not used to provide benefit to both parties.

If one party (usually the party controls) has benefited business more than the other, giving him or her a fool, laws are in place that will effectively assume the transaction was not made in good faith and business can even considered invalid. Both partners must have access to the books and both can find information on all transactions that affect the community property. If the transaction partner benefits more than the other, may set aside the divorce. The spouse receiving the advantage will be the burden of proving in court that the transaction should not be set aside.

spouse who did not benefit from certain transactions may be entitled to half of the value of the property including legal fees incurred as a result. What’s more, with both intentional and accidental breaches of fiduciary duties. In some cases, any value may be awarded to a spouse who does not benefit if the spouse is deemed to have deliberately defrauded spouse.

With the possible penalties spouse benefiting at the expense of a spouse whether intentionally or unintentionally, it is easy to see why a lawyer is so valuable, not only in divorce proceedings, but when all transactions that may affect community property, or even unique property. Dependent spouses should try to be aware of all the transactions that have taken place. An experienced marital property attorney will help to uncover all the transactions that have taken place without their client to be aware.


Mediation – The Way Forward for adult family disputes


With the holiday season almost upon us, it is time to reflect on the importance of family in our lives. Sorry, but at this time of year is often joyous, it can also be brewing family conflicts bubble to the surface.

I have been particularly moved to hear the stories of families who can not settle their differences and turning to court action, even restraining orders, to settle family disputes.

Dealing with adult family decisions can be difficult and heart-wrenching. With an aging population and the growth in mixed families, addressing the internal problems of the family has become more complex with each generation. More and more family members acting as carers elderly loved ones, a situation that can be a joyful experience and a fraught one.

Family members can access important decisions for themselves and their loved-ones from different perspectives and conflicting views about future decisions may seem difficult if not impossible to reconcile. Making matters worse, the more caught up to be in conflict, the harder it will continue – we get stuck

Every time we try to talk to our brothers and sisters about the declining health of Mum’s, her future alternative care or . whether it should still drive (insert issue here) conversation seems to end in the same heating season, playing over and over like a broken record. It’s getting more and more difficult to have a constructive conversation in this environment and the impasse takes its toll on family relationships.

If you are stuck in family conflict mediation may provide an answer. Mediators seek to explore interests that lie beneath the surface position of the family-members the issues. While on the surface, positions may seem impossibly incompatible, we find that family members usually have many common interests, which can lead to constructive joint problem-solving experience. What’s more, sharing tends to restore broken relationships and provide a roadmap for future communication.

Self-determination is the cornerstone of ethical dissemination activities. While neutral mediator will assist participants to get a clear understanding of the issues and the context otherwise, not mediators offer no advice or make decisions on their behalf. This means that you surrender control of your problems for a third party to decide on your behalf. This is an important benefit of mediation for many families.

The alternative to mediation could resolve the dispute, but is unlikely to deliver its verdict confirming family relationships. Take the family disputes the court is likely to cost you a packet and escalate the rift between you and your family.

As Christmas approaches, I think about a woman I met recently who is caring for the aging of her father on her own and an injunction preventing her share Christmas dinner with her only other living relative. Surely there’s a better way to deal with family conflict than this.

(c) Nicole Kepes. All rights reserved


Family Law – Finding Good Lawyer


Family law is the term given to law practice field as a family lawyer. The issues that most lawyers consider involve legal relationships between and among spouses, children and domestic partners. The lawyer specializing in family law needs to have knowledge about a range of issues, from child custody problems, visit your parent, domestic violence cases, divorce, cases juveniles, property rights, support obligations, foreign relatives to adoption rights. However, family law may vary from state to state.

In family law, lawyers come across a number of different situations. In the property division cases such common understanding is the court divides property equally, but if you’re in Texas, where courts believe in “just and reasonable” attitude. They weigh both the state and the rights of the party and then give away the final decision. Sometimes if there is participation by children, the property could be divided unequally. If the case against us for divorce, Texas courts would first resolve the issue of property, child custody and support. This does not take very long, however, as they are doing at the same time. In lawyer speak, this is what they call the “no bifurcation”.

There are many ways you can get in touch with the Texas family lawyer, most common of which is online. There are a number of online directories that could give you the contact information of family lawyers in your area. You can also ask for referrals from your family and friends.

When looking for a lawyer, you need to take into account several factors, one of which is the area of ​​expertise of the lawyer. Check whether the lawyer you have in mind has a strong background in the field of problem. Keep in mind that family lawyers can indulge in different types of cases. Do not be ashamed to ask them how long they have been practicing family law, and if he or she has handled cases similar to yours and what the outcome was. Note also the policies they have in mind for your case. It is also advisable that you discuss finances with him or her before getting their services. This would include the mode of payment, hourly and miscellaneous expenses (phone calls, faxes, photocopies, etc.). So you have time to prepare yourself financially. Some lawyers would also allow you to negotiate directly with your spouse while some would even suggest that you undergo marriage counseling first. You should also keep in mind where you can get in touch with them in case of emergency.


A primer on wrongful termination


understanding of employment law is the key to understanding the unlawful termination. There are situations where employers can not fire employees or its termination but not at all times illegal. More often than not, people who denounce feel that termination is illegal, unfair or even unethical. It is in this light that one should understand the concerns wrongful termination.

What is Employment Law?

Employment Law is all-encompassing legal term apply to the legal relationship between the employee and the employer. If violations this occurs, the relationship the two parties and the workplace will be exposed to tension and difficulty. Often, companies have their employee handbooks or manuals that are a good source of the company’s rules and policies governing employment, performs the work, the complaints process, workers rights, jobs and policy termination payments.

What are the reasons for wrongful termination?

A wrongful dismissal occurs when an employer violates a specific state or federal law. These are valid reasons for wrongful termination

Discrimination in the workplace

When an employer fires an employee on the basis of sex, race, religion, disability or other reasons, the employer committed a wrongful termination due to the reasons mentioned are discriminatory in nature.


retaliation occurs when the employer fired an employee because of his or her refusal to work in illegal activities required by the employer or the employee reported the illegal activities of the employer’s management.

Character Defamation

If the employer makes defame or employee on purpose to streamline termination, he has committed an unlawful dismissal.

The direct or indirect agreement

The direct or indirect contract occurs when an employer terminates an employee who is under contract and comply with the terms specified in the contract until the specified time frame ends. In addition, the agreement contains no clause that said termination is likely to be a case of wrongful dismissal.

violation of good faith and fair

this provides that employees should be treated fairly, mainly if they have provided long business. Therefore, employers may not discharge employees for primordial considerations as refusal to pay for a prize or give presentations.

There are also other reasons why the employee rights are violated. If you have been wrongly told not hesitate to fight for your rights as an employee. The employment law protects you. Get a good employment lawyer is the key to solving employment problems and make work a conducive and peaceful place to work.


California Employment Law


One of the primary concerns whether the state of the federal government, such as the United States is to provide a competitive and sustainable working platform where all residents, non-residents and businesses can peacefully and productively security for only one purpose – to succeed. Sustainability is so important that it will determine not only the current situation as well as the next few years. California is just one of the 50 states in the United States but in pursuing this so-called sustainable living. For the state to be effective in this, they have to spearhead programs, projects, and legislation that will protect the labor and employers, increasing the marketing of the region, encourage tourism and other necessary movements. This prove and justify the existence of the labor law of California.

As a federal country, US general rule of employment with a focus on discrimination and other related offenses workplace. However, the federal government gives each state independent legislation and implementation of the legislation that we believe leaders and their constituents and the geographical proximity of the state. In the case of California, they have their own workplaces. The job law of this state is supported by the rules laid down in the constitution and rules us EEOC or the US Equal Employment Opportunity Commission.

The Californian was the work can be divided into three general parts. These are (1) Pre-employment or promotion, (2) employment and (3) Post employment. These three divisions differ primarily on the ground or phase bracket employee. Just because the issues before one is hired, when once engaged, and the inevitable examples in different industries Accordingly, this law disappears mainly on particular issues of employment in different levels.

Pre-Employment Promotion

The state prohibits in accordance with EEOC any discrimination based on age, color, race, nationality, religion and disability. This applies to both the applicant and the employee will be strengthened. While there is no restriction on the employer may want to control, moves to reject applications solely on the aforementioned factors is not tolerated by the state government. There are also things that are prohibited by law to be asked to the applicant in an interview. These are Pasts that have something to do with sexual orientation, birth, any criminal arrests or criminal records. However, the last can be ground for the employer to consider other cases where the result of the rule could lead to more damage not only to the company in addition to other employees. Other questions related to professional background is also controlled so as not to cause a misdemeanor against the applicant.


Bullying is another famous work issues that always ends up in court remains not only in California but also in other countries. Discrimination is different with harassment in the form and in word and is treated and faced with the state government in a different approach. There are also other cases when an employee is already in a job that is included in the law. This includes a state or employment status of an employee, workplace safety, wrongful termination, etc.

Post Job

This division includes the provision of unemployment benefits or support and the Consolidated Omnibus Budget Reconciliation Act (COBRA). This ceremony has something to do with the continuation of the health benefits of the employee’s termination. This can be a spouse and dependent children up to 18 months.

The California employment law is a very effective tool in strengthening market state. By protecting the majority of which consists of employees, the state also protects employers from industry and any company that happens.


Elder Law and Legal Considerations caregiver Thoughts


There are so many laws on the books to protect elders sometimes prevent us from helping them. Still, there are reasons for all these laws that they are one of the most vulnerable elements of our society and so they attract Criminal Minds out for a quick profit. It is difficult to protect elders from being raided or have their property confiscated, and every time we take another law to protect some scams come up with other ways to cheat them out of their life savings.

The elders are so sensitive we must be very careful to protect our older family members from financial and physical crime, and believe it or not there is often a family member who makes roving assets on their family members, somehow in the belief that it is their close, or take a pre-inheritance stipend, which often comes in a very generous gift, older may or may not even realize they are giving.

Even when older is aware of what is happening, they often forget situations, are coaxed into it, or are in any way threatened, it is truly disgusting the more you learn about how this is accomplished. Another reason for the caregiver is often suspect and this is a hard thing to take for honest caregivers. Still, caregivers who are not family members are most likely to take off or cause damage to older or older.

Other areas of elder law have increased in recent years is medical fraud involving overzealous operations and functions are laid and charged to Medicare or insurance companies, thereby jacking up health care costs for everyone. Then overbilling of ambulance services, hospitals, and other services.

Of course, there are also outside scamsters as damaged telemarketers, sales people and trying to befriend the elderly to get them to give them money for something they do not really want or money for something they will never get. This is why older songs are so strong, even though at first glance they seem to be quite annoying. Please consider this.


Elder Financial Abuse – disinheritance


By many measures against someone who commits elder financial abuse, disinheritance is one of the most powerful.

in Riverside, California, the law imposes this severe punishment on any family member or other person responsible for financial abuse. Usually, this would include a son or daughter who took an elderly parent and their lies obtained their property and money. It can also include carers, friends, or anyone else who, by coercion and manipulation, stealing from Elder

Here is a typical scenario :. My dad is 85 years old and widowed. While he was a spiritual power, he loved both his sons (John and Bill) and might want to put his estate to them equally.

However, in the coming years, my father developed dementia and often found wandering his street at night unable to find their way back home. Police informed John, who lives nearby. John is now fully aware of the mental incapacity of his father.

John cards now his plan to take advantage of my position dad mind. John visits now popping regularly and begins to plant seeds in mind dad that Bill is not good butt and has never done anything to help his father. These lies are repeatedly made and, after a few months, my father has been completely fooled to believe these lies.

John now writes a new want dad to sign. This new will understand all estate dad John. One day, the time of day when John knows Dad get tired, John stress dad in signing this new will. John also has his wife and friends to sign witness. John says nothing of this to the bill.

Shortly thereafter, my father goes away. John now controls a lawyer to probate a new will. This is the first time that Bill has been announced that a new will is there.

Bill now controls over law attorney who is familiar with senior financial abuse issues. The lawyer interviewed other relatives and friends and locates witnesses who can testify to the close relationship that my dad enjoyed two sons before he developed dementia. In addition, medical records dad get to document the deteriorating mental capacity at the time leading to the creation of a new will.

attorney Bills also collects police reports confirm confusion and disorientation dad when he was wandering the streets and unable to find their way back home.

Armed with this information, Bill has a good case to challenge the validity of the new will and to prove that John committed elder financial abuse encrypted intent father to leave his estate to two sons.

If John is responsible for such abuse, he will automatically disinherited from his father’s farm.

If John had left good enough alone, he would have received half. Instead, he gets nothing.

disinheritance can be a powerful tool to improve elderly financial abuse.


Elder Law Practice Tips


When I attend seminars, I always feel That I have spent my time wisely if I Get That one “Nugget” That completely Alters my thinking on a subject I Otherwise knew well, or opens up a new level of understanding in the area did not. For this column, I have included Several pieces of information and, hopefully, at least one of Them Will Be a Nugget for you

Homestead Assessments

Be aware That your Clients may add the name of a son or daughter (or anyone else) to Their Deeds with respect to homestead property without causing a change of ownership, triggering a new assessment for tax purposes, Provided That the owner is listed as Both a grantor and a grantee in addition to the child. Clients may find this an attractive option in order to Avoid probate.

One word of caution if your Clients Choose to do this: if the person That was added subsequently files for homestead protection on the property, this Will cause a change of ownership That Will result in a new tax assessment. F.S. 193 155 (3) (a) (3). You also need to be careful to monitor actions Taken by the Property Appraiser. Recently, there have been a number of instances in Broward and Palm Beach Counties where the Property Appraiser’s Office has Increased taxes on a home where Such an increase was not warranted, forcing the homeowner to challenge the Increased assessment.

Guardian Ship involving Non-Resident petitioner

Where your client is a nonresident petitioner in a guardianship proceeding, Consider Requesting That s / he “attend” the hearing and Provide testimony via telephone. General Magistrate Meth Elis has allowed this in Broward County. If you Choose to recommend this approach to your client, be sure to call the Judicial Assistant in advance to verify That the guardianship part in your county is receptive to telephonic testimony. If so, It can save your client valuable time and expense related to attending the hearing.

Reverse Mortgages

Typically, reverse mortgages Requires That the property subject to the mortgage be oversold if the owner is absent for a specified period of time (usually about one year). Where a person is in declining health and requires a higher level of care than Can Be Provided in the home, It can force the sale of the property against the wishes of your client. Consider adding a provision Into the mortgage contract Which Provides That the one year period is “tolled” with a 24-hour stay at the home with That one-year period. This way, your client Can return home for a brief period with Appropriate arrangements, protect the home from a forced sale, and then return to the setting most Appropriate for his / military care needs.

Power of Attorney: To Include a Power to Create or Amend a Trust or Not?

It is always a good idea to revisit your documents from time to time to see if clauses That made sense Way Back When still do . Recently I had the OPPORTUNITY to do that with our power of attorney document. I shouldnt mention That I have struggled with Including authority in the power of attorney, sem authorize the agent to createTextNode or amend a trust. On the one hand, I find it problematic for an agent to be Able to unilaterally alter a principal’s testamentary scheme by Creating and funding a new trust or by amending an existing, trust. That is a broad authority, Which may not be consistent with the principal’s


On the other hand, I Recently represented a client where this authority was included in the power of

attorney granted to the army by military father. Her father, the WHO had a taxable estate, becamean HOSPITALIZED

during the estate planning process and was seems to sign a new trust providing for credit shelter

planning and generation skipping tax planning. If the power of attorney lacked the authority for the

agent to Create a trust, I would not have been Able to Assist this client in achieving Hundreds of

thousands of dollars in estate tax savings. You Will Need to Decide Which direction to take on this

issue, but the Nugget here is to review your documents from time to time to be sure you like what They say.

Submission of DCF Forms

Be sure to use the DCF web site (www.state.fl.us/cf_web) to Obtainment copies of the most current version of forms to be Provided to DCF Every time you submit a Medicaid application. Recently I had a caseworker in Palm Beach County reject the submission of a spousal refusal form Because it failed to containments the “current” DCF logo! I pointed out That the language of the document was verbatim identical to the form on the DCF web site. The only difference was that the Prior logo appeared on the form. I ultimately prevailed on this issue, but not beforehand spending Several hours going up the chain of command at DCF.


Hvernig get ég Framfylgja skilnað úrskurði minn?


Besta leiðin til að koma í veg fyrir vandamál með fullnustu skilnaðar úrskurði er að ganga úr skugga um að fyrirbyggjandi nálgun er tekin þegar Skilnaður skipun er samið og að lokum, iðn. Til dæmis, eins og skilnað lögmaður í Minneapolis, fulltrúi aðila, ég þarf ekki aðeins að tryggja að Skilnaður skipun setur fram helstu upplýsingar (sem er að fá það, etc), en ég þarf líka að reyna að verkefni, sjá fyrir og lágmarka vandamál í framtíðinni.

Fyrir dæmi um þetta, ef konan hefur Discover kreditkort með jafnvægi um $ 10.000, á ábyrgð þessara skulda (að því marki sem unnt) ætti ekki að gefa eiginmanninum vegna ef maðurinn vanskila á greiðslukort, Discover Card mun nær örugglega stunda konu. Því í dæminu hér að ofan, þetta vandamál er hægt að forðast með því að tryggja að konan tekur að Discover skuld og ef þörf krefur, önnur eign að flytja til konu burt-stilla Uppgötvaðu skuld.

Stundum, þó, vandamál koma upp eftir skilnaðinn úrskurður er lokið. Í þeim tilvikum getur verið nauðsynlegt fyrir aðila til að “framfylgja” ákvæði um skilnaðinn úrskurði. Sá aðili færir yfirleitt Tillaga að framfylgja viðeigandi ákvæði skilnaðinn úrskurði. Í látlaus orð, tillaga myndi segja dómara að brjóta aðili átti að gera A, B og C; að brjóta aðili hefur vísvitandi og af ásetningi ekki farið með dómsúrskurði og hefur ekki gert A, B og C; og að dómstóllinn ætti að halda brotlega aðila í fyrirlitningu af dómi fyrir að hafa ekki eftir dómsúrskurði. Það eru mismunandi úrræði í boði fyrir mismunandi málefni.

Til dæmis, ef annar makinn hefur verið dæmdur til að greiða maka viðhald meðlag og / eða og / hann af ásetningi og vísvitandi (án lögmætra afsökun) ekki borga þetta upphæð, hinn makinn getur beðið að dómurinn hins brotlega aðila “í fyrirlitningu af dómi” (sem getur verið fangelsi tíma, stöðvun ökuskírteini, stöðvun atvinnusjúkdóm leyfi, borgaraleg sektum, lögfræðikostnað og kostnað, etc). Fá lækning fyrirlitningu er ekki auðvelt; einn hefur til að fylgja strangar reglur, og það þarf að vera komið að brjóta aðila er vinna vísvitandi og án lögmæt afsökun.