At HKH Elder Law, our experienced elder care lawyers are dedicated to helping families identify and understand their needs so that we may work together to find solutions. Contact HKH Elder Law for assistance with Elder Law issues, including:
*Wills & Trusts
*Medicaid Eligibility for Nursing Home Care
*Powers of Attorney
*Advanced Directives
*Florida Probate and Trust Administration
*Life Care Planning
Why Choose Us?
*Legal Knowledge
Our team of attorneys, paralegals and staff works together to try to assure the best plans are in place for our clients.
*Financial Knowledge
Our financial team is made up of attorneys and staff who work with clients and financial advisors who are seeing the best ways to maintain quality of life while paying for care. Practice Areas:
*Elder Law
Elder law attorneys at HKH Elder Law are a resource to their clients because they understand their clients’ needs may extend beyond basic legal services. They stay informed and connected to the local networks of professionals who serve the elder population throughout Florida. What is an Elder Law Attorney? A lawyer who deals with legal issues that impact elderly clients:
Health and personal care planning which include powers of attorney and living wills, lifetime planning, and family issues;
Fiduciary (financial) representation, housing opportunities and financing, income, estate, and gift tax matters;
Planning for a well spouse when the other spouse requires long term care, asset protection, public benefits such as Medicaid, insurance, and veteran’s benefits;
Capacity, guardianship, and guardianship avoidance;
Resident rights in long-term care facilities and nursing home claims;
Employment and retirement matters, age or disability discrimination, and grandparents’ rights. Will and trust planning, planning for minor or adult special needs children, and probate;
Life care planning- planning for all aspects of aging, illness, and incapacity. The specialization requires a practitioner to be particularly sensitive to the legal issues impacting elder clients
For example, when planning an estate, an elder law attorney would take into consideration the health of the person or couple, the potential for nursing home care, and the wishes and concerns of the person or couple if that event were to occur. If need arises, the elder law attorney will associate other legal experts. Elder law covers all aspects of planning, counseling, education, and advocating for clients.
*Estate Planning:
Estate Planning is important regardless of the amount of assets owned. Frequently, good planning is more critical for someone with a nominal amount of assets than for the wealthy. Peace of mind should be the goal when attorneys and clients work together to plan an estate. Peace of mind comes from:
Fully understanding your options
Making informed decisions
Obtaining legal documents designed to distribute your property according to your wishes with the least possible taxes, expenses and delay
Estate planning also includes planning for disability, which may last for many years before death.
*Probate:
The word probate means to prove. In Florida, probate court is where certain matters pertaining to a deceased person’s estate are proved in a judicial proceeding. Basically, probate is the court’s way of making sure a person’s wishes are honored. The basic goal is to pass clear title to assets on to the rightful beneficiaries. Assets that are the subject to the process are known as probate assets. These assets pass either subject to a Last Will and Testament or without a Will. Dying with a Will is called intestate. Non-probate assets pass outside of probate. Examples of non-probate assets are:
IRA’s that designate beneficiaries,
Life insurance policies that name beneficiaries,
Assets in a trust that designates a beneficiary, and
Accounts set up with a joint tenancy with right of survivorship provision
Typically, in a testate estate (with a Will) the Will names a Personal Representative to identify and collect the assets, pay the decedent’s debts and expenses, and distribute the remaining assets to the named beneficiaries. Through the Will, trusts can be created for minors and other beneficiaries who need protection. If the person died Intestate (no Will,) the State of Florida determines who will be the beneficiaries or heirs. Heirs are the spouse (if one) and children. If there are no children or grandchildren, then it would be other close relatives. Passage of assets in accordance with these laws may or may not be the way a deceased wanted the assets to pass. In any event the intestate estate will have to be administered through the court probate process.
