The Law Firm Of Myrna Serrano Setty, P.A
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Part 1: How Do You Choose Life Insurance Beneficiaries?

Choosing a beneficiary for your life insurance policy isn’t as easy as you might think. That’s because naming someone as your life insurance beneficiary really has nothing to do with you. Why? Because you should consider how that money will affect your beneficiary’s life once you’re gone. If you’re not careful, you might create problems for your loved ones. Here are a few important questions you should ask yourself when choosing your life insurance beneficiary: 1. What Are Your Goals? Ask yourself: what do you ultimately intend to accomplish with your life insurance? For example, are you trying to replace income for your spouse and kids? Are you just trying to cover your funeral costs? The real reason you’re investing in life insurance is something only you can answer. And that answer will…Read More

A Tax Break To Help Working Caregivers Pay For Day Care

Paying for day care is one of the biggest expenses faced by working adults with young children, a dependent parent, or a child with a disability. But there is a tax credit available to help working caregivers defray the costs of day care (for seniors it’s called “adult day care”). In Order To Qualify For The Tax Credit, You Must Have A Dependent Who Cannot Be Left Alone And Who Has Lived With You For More Than Half The Year Qualifying dependents may be the following: A child who is under age 13 when the care is provided A spouse who is physically or mentally incapable of self-care An individual who is physically or mentally incapable of self-care and either is your dependent or could have been your dependent except that his or…Read More

Fear Of Losing Home To Medicaid Contributed To Elder Abuse Case

A California daughter and granddaughter’s fear of losing their home to Medicaid may have contributed to a severe case of elder abuse. If They Had Consulted With An Elder Law Attorney, They Might Have Figured Out A Way To Get Their Mother The Care She Needed And Also Protect Their House Amanda Havens was sentenced to 17 years in prison for elder abuse after her grandmother, Dorothy Havens, was found neglected, with bedsores and open wounds, in the home they shared. The grandmother died the day after being discovered by authorities. Amanda’s mother, Kathryn Havens, who also lived with Dorothy, is awaiting trial for second-degree murder. According to an article in the Record Searchlight, a local publication, Amanda and Kathryn knew Dorothy needed full-time care, but they did not apply for Medicaid on her…Read More

Can An Adult Child Be Liable For A Parent’s Nursing Home Bill?

Although A Nursing Home Cannot Require A Child To Be Personally Liable For Their Parent’s Nursing Home Bill, There Are Circumstances In Which Children Can End Up Having To Pay This is a major reason why it is important to read any admission agreements carefully before signing. Federal regulations prevent a nursing home from requiring a third party to be personally liable as a condition of admission. However, children of nursing home residents often sign the nursing home admission agreement as the “responsible party.” This is a confusing term and it isn’t always clear from the contract what it means. Typically, The Responsible Party Is Agreeing To Do Everything In His Or Her Power To Make Sure That The Resident Pays The Nursing Home From The Resident’s Funds If the resident runs out…Read More

Even if you put together a solid estate plan, it might end up proving worthless if you don’t keep it updated. That’s because estate planning isn’t something you just do once and forget about it. If you’re life circumstances change, your estate plan needs to keep up too. No matter who you are, your life will inevitably change. Families change. Laws change. Assets change. Even if you haven’t had any major life events, we recommend reviewing your plan annually to make sure its terms are up to date. But you definitely need to update your plan ASAP if the following life events have occurred….that is if you care about keeping your loved ones out of Court and conflict. #1 You Get Married Marriage not only changes your relationship status, it changes your legal…Read More

Report Ranks States On Nursing Home Quality And Shows Families’ Conflicted Views

A new report that combines nursing home quality data with a survey of family members ranks the best and worst states for care and paints a picture of how Americans view nursing homes. The website Care.com analyzed Medicare’s nursing home ratings to identify the states with the best and worst overall nursing home quality ratings. Using Medicare’s five-star nursing home rating system, Care.com found that Hawaii nursing homes had the highest overall average ratings (3.93), followed by the District of Columbia (3.89), Florida (3.75), and New Jersey (3.75). The state with the lowest average rating was Texas (2.68), followed by Oklahoma (2.76), Louisiana (2.80), and Kentucky (2.98). Care.com also surveyed 978 people who have family members in a nursing home to determine their impressions about nursing homes. The surveyors found that the family…Read More

Getting Paid To Take Care Of A Sick Family Member

Caring for a sick family member is difficult work, but it doesn’t necessarily have to be unpaid work. There are programs available that allow Medicaid recipients to hire family members as caregivers. All 50 States Have Programs That Provide Pay To Family Caregivers. The Programs Vary By State, But Are Generally Available To Medicaid Recipients, Although There Are Also Some Non-Medicaid-Related Programs Medicaid’s program began as “cash and counseling,” but is now often called “self-directed,” “consumer-directed,” or “participant-directed” care. The first step is to apply for Medicaid through a home-based Medicaid program. Medicaid is available only to low-income seniors, and each state has different eligibility requirements. Medicaid application approval can take months, and there also may be a waiting list to receive benefits under the program. The state Medicaid agency usually conducts an…Read More

What Is Probate?

Probate is the legal process through which a deceased person’s estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. In Florida, there’s Summary Administration and Formal Administration. The main phases of administering an estate involve: Gathering, identifying and valuing estate assets; Identifying, and satisfying creditor claims and paying final taxes; and Distributing the balance of the estate assets to the intended beneficiaries. Probate is not evil. But it is not a fast process and families often get frustrated with the process and stressed about paying creditors. The most common complaints about probate include the following: It takes too long. It costs too much. It’s a public process, involving a judge. In our experience, one of the main stumbling blocks we see for families involved…Read More

Estate Planning Mistakes Seniors (Including You Or Your Parents) Can’t Afford To Make

Once you or your parents reach senior status, you really can’t afford to put it off any longer. Unfortunately, without proper planning, seniors can lose everything, even if they have family to look after them. Having a will isn’t enough. More and more, the media is highlighting stories of seniors being taken advantage of, and even being targeted by unscrupulous professional guardians. While planning for your incapacity and death can be scary, it’s even scarier to think of all the horrible things that can happen to your family if don’t have the right planning in place. Here are a some of the most common mistakes that seniors make: Mistake #1: Not Creating Advance Medical Directives In your senior years, health care matters become much more relevant and urgent. At this age, you can…Read More

5 Common Estate Planning Mistakes And How To Avoid Them

Since estate planning involves thinking about death, many people put it off until their senior years, or simply ignore it all together until it becomes too late. This kind of unwillingness to face reality can create a major hardship, expense, and mess for the loved ones and assets you leave behind. While not having any estate plan is the biggest blunder you can make, even those who do create a plan can run into trouble if they don’t understand exactly how estate plans work. Here are some of the most common mistakes people make with estate planning: 1. Not Creating A Will While wills aren’t the ultimate estate planning tool, they are one of the bare minimum requirements. A will lets you designate who will receive your property upon your death, and it…Read More

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