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Practice
ESTATE PLANNING & INCAPACITY PLANNING
Creative Solutions and Lifetime Planning to Protect You, Your Loved Ones, and Your Assets
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Through strategic uses of wills, trusts, deeds and beneficiary designations, we educate and empower our clients to protect themselves, their loved ones and their assets and to keep their families out of court and out of conflict by avoiding probate. Through durable powers of attorney and health care advanced directives, we help our clients name trusted individuals to make crucial financial and medical decisions on their behalf in the event of illness or incapacity.
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Did you know that the start of the New Year is the perfect time to reset, refocus, and tackle the important tasks that often get pushed aside during the busy holiday season? For many families that includes making sure their Florida estate plan is up to date, or creating one for the first time. In our experience an estate plan is not just about paperwork; it is about protecting your loved ones, honoring your wishes, and avoiding unnecessary stress during challenging times. We know there is much to do when the New Year begins, but we can tell you that taking the time to review or create an estate plan now can help you start the year with confidence. Whether it is ensuring your assets are Florida probate-proof, updating your decision-makers, or planning for long-term care, addressing these areas early can provide peace of mind for you and your family. Let’s dive into what steps you should take to get your ducks in a row and set the stage for a secure future. 1. Update or create your Florida estate plan. Your estate plan is the foundation of ensuring your wishes are honored and your loved ones are cared for. If you already have an estate plan, the start of the year is the perfect time to review it. Have there been changes in your family, finances, or the law? If so, you and your experienced Florida attorney may need to update your legal planning to reflect your current wishes. For those without a Florida estate plan, now is the time to create one. This proactive step can ensure your assets are distributed according to your wishes and minimize unnecessary delays or costs. 2. Make sure you are Florida probate-proof. One of the most common estate planning goals in Florida is avoiding probate, which is a time-consuming and often costly legal process. When you act now and work with your attorney to transfer your assets into a revocable or irrevocable trust agreement, you can ensure your loved ones avoid Florida probate. There is no question that action now can ensure everything is set up correctly to bypass probate when the time comes. 3. Ensure your decision-makers are who you need now. Who will make decisions on your behalf if you are unable to? Whether it is someone managing your financial matters or making health care decisions, it is crucial to review your designated decision-makers each year. Circumstances change, relationships evolve, people move, or health conditions arise; so it is essential to ensure that the individuals named in your power of attorney, healthcare directive, and other documents are still the right fit. 4. Plan for long-term care well before you need it. Most Florida seniors and their loved ones are surprised to learn that Medicare does not cover long-term care. Without a plan in place, the costs of skilled nursing homes, assisted living, or in-home care can quickly drain savings. Long-term care planning is about protecting your assets while ensuring you have access to quality care when you need it. There is never a wrong time to start this planning process to complement your estate planning. When you choose to work with an experienced Florida estate planning and elder law attorney, she can help you explore options like long-term care insurance, Medicaid planning and eligblity, or trust agreements designed to preserve your assets while meeting eligibility requirements for benefits. Getting ahead of these issues now will save you and your family from financial strain later. We know this blog may raise more questions than it answers and we want you to start the year with peace of mind. Trust us when we say that getting your ducks in a row does not have to be overwhelming. When you take action now you are giving yourself and your family the gift of confidence and security for the future. At Meloro Law, we specialize in helping Floridians create personalized plans that protect their families and their legacies. We encourage you to contact us and schedule a meeting to get your ducks in a row. To learn more about Meloro Law and how we can help you when you need legal representation for estate planning or elder law issues do not wait to call us today. And do not forget to celebrate National Rubber Duck Day with us on the 13th this month! It is the perfect reminder to get your ducks in a row as we dive into 2025. If you would like to nominate a senior for our BOM program as well, please let us know, we would love to hear from you.
The holiday season is a time for joy, reflection, and giving. If you have already taken the thoughtful step of creating a trust agreement as part of your estate plan, congratulations, you have given your family an incredible gift. However, there is a catch: a trust agreement is only able to work its magic if it is properly funded. Without that step, it is like an empty box under the tree, beautiful to look at but unable to deliver on its promise. Often, many people think creating a trust agreement is the hard part, but the real work begins afterward. Funding your trust agreement, in other words transferring assets into it or naming it as a beneficiary, is the key to making sure your trust agreement works as intended. This holiday season, take the opportunity to get your ducks in a row and make sure your trust agreement is ready to do its job. We want to dive into why trust funding is such a meaningful gift for your family and what can happen if your trust agreement is left unfunded. First of all, a trust is only as good as the assets it holds. Funding your trust agreement means transferring ownership of your assets, such as your home, bank accounts, and even life insurance policies, into the trust or naming the trust as a beneficiary. This step makes sure your assets are managed and distributed according to your trust’s instructions. When your trust agreement is properly funded, it brings a world of benefits. Your loved ones can avoid the delays and costs of probate, and they will not have to worry about your financial matters becoming public. Your trust agreement can also ensure your assets are distributed exactly how you want; whether it is setting aside money for your grandchildren’s education, protecting assets from creditors, or providing for a spouse in a way that reflects your intentions. Proper funding is the gift that keeps giving, year after year. An unfunded trust agreement, on the other hand, can cause unnecessary headaches for your family. Without assets transferred into the trust agreement, those assets remain outside its control. This means your family may still face probate, dealing with delays, extra costs, and even unintended outcomes. For example, if you have created a trust agreement but did not transfer your home into it, your family may have to go through the probate process to handle or sell the property. That completely defeats one of the key reasons many people create a trust agreement in the first place. Worse yet, if assets are not properly aligned with your trust agreement, your state’s intestacy laws could decide who gets what, not the thoughtful instructions you left in your estate plan. Do not let the oversight of an unfunded trust agreement derail your family’s peace of mind; getting your ducks in a row now can save them from unnecessary stress later. The holidays are all about giving, and there is no better gift than ensuring your trust agreement is fully funded and ready to do its job. Take time this season to meet with an experienced Florida estate planning and elder law attorney to review your trust. Together, you can make sure all your assets are properly titled, transferred, or designated to work seamlessly with your trust. At Meloro Law, we are here to make sure your trust delivers everything you intended for your family. Let us help you double-check the details, update any documents, and give your loved ones the ultimate peace of mind. We encourage you to contact us and schedule a meeting to get your ducks in a row. To learn more about Meloro Law and how we can help you when you need legal representation for estate planning or elder law issues do not wait to call us today.
The holidays are a time for family, love, and celebration, but did you know that they can also be the perfect opportunity to get your ducks in a row when it comes to important matters like estate planning? While it may not seem like a festive topic, having conversations about your parents' estate plan during family gatherings can bring peace of mind to everyone. When approached with care, these discussions can help ensure your family is prepared for the future and prevent unnecessary surprises. One of the most critical parts of estate planning involves health care directives. Asking your parents whether they have a living will or health care surrogate in place is a good starting point. These legal planning tools allow them to outline their medical wishes and designate someone they trust to make decisions if they are unable to do so themselves. Similarly, discussing a durable power of attorney is essential. This legal document allows someone to manage their financial affairs if they become incapacitated. Ensuring these two areas are addressed can prevent confusion and ease decision-making should an unexpected medical situation arise. Another important topic is whether your parents have a current last will and testament or trust agreement. These documents are vital in ensuring that their assets are distributed according to their wishes. You might suggest that they review them with their experienced Florida estate planning attorney to confirm everything is up to date, especially if their circumstances have changed. It is also a good idea to bring up the often-overlooked area of long-term care planning. Many families do not discuss this until it is too late, but by talking now, you can help your parents explore not only options for the type of long-term care they wish to receive but discuss how to pay for it. Be aware that there are options such as insurance or Florida Medicaid to help with the costs and by knowing in advance, they will be better prepared if the need arises. In today’s digital age, many people forget about digital assets in their estate plans. If your parents have online accounts, digital assets, or social media profiles, it is important they include plans for how those will be managed or distributed. Alongside this, it is wise to ensure that their beneficiary designations on life insurance policies, retirement accounts, and other assets are current. Beneficiary designations can sometimes be overlooked but are crucial in making sure that the right people inherit these assets. Estate planning is not just about the distribution of wealth; it is also about preserving values and family traditions. This is where legacy planning comes in. You might ask your parents if they have considered legacy planning, which could include charitable giving or setting up a trust to benefit future generations. On a similar note, family heirlooms and sentimental items can hold significant emotional value. By encouraging your parents to specify how they want these items distributed, you can help avoid family disputes down the road. Lastly, discussing your parents' funeral or burial wishes, while difficult, can make a challenging time a little easier for the family. When you know what they want ahead of time it will allow for smoother planning when the time comes. Once you have touched on these important topics, it might be time to suggest meeting with an experienced Florida elder law or estate planning attorney. Your parents’ attorney can help ensure your parents’ estate plan addresses every necessary detail, leaving no stone unturned. While it might feel awkward at first, estate planning conversations during the holidays can be one of the greatest gifts you give your family. By ensuring that all the ducks are in a row with the help of an experienced attorney, you can help your parents protect their legacy and bring peace of mind to the entire family. We encourage you to contact us and schedule a meeting to get your ducks in a row. To learn more about Meloro Law and how we can help you when you need legal representation for estate planning or elder law issues do not wait to call us today.
Did you know Medicare Open Enrollment is here? This means it is time to get your ducks in a row when it comes to your health care coverage. From October 15th to December 7th, individuals enrolled in Medicare have the chance to review, update, or switch their plans. This is the only time each year when you can make changes, and those decisions can have a tremendous impact on both your medical care and your finances. For many seniors in Florida, Medicare is a lifeline, but navigating its complexities can feel overwhelming. Whether you are looking at prescription drug coverage or considering Medicare Advantage plans, it is essential to ensure that you have the best possible coverage for your needs. We know from our experience that with the right information and a proactive approach you can avoid surprises down the road and set yourself up for a healthier, more secure future. At this critical time, working with an experienced Florida estate planning and elder law attorney can also help you protect more than just your health. While Medicare is a powerful tool for managing medical costs, it is important to recognize its limitations, particularly when it comes to long-term care. This Medicare Open Enrollment period is an ideal opportunity to get your entire health care and estate planning in order. Our team of estate planning and elder law experts are here to help you get your ducks in a row this Medicare Open Enrollment season and want to share ten key tips you will not want to miss right here on our blog. 1. Review your current plan. Take a detailed look at your current Medicare plan. Is it still meeting your health needs? Have you had changes in your health or prescriptions? By taking the time you need now to review your plan, you can help avoid costly coverage gaps in the year ahead. 2. Understand what Medicare covers. Medicare coverage can be confusing. While it covers hospital and medical costs, it does not cover long-term care. Be sure to familiarize yourself with the specific services covered under Medicare Parts A, B, C, and D to ensure you are not caught off guard later. 3. Compare available plans. Each year, Medicare Advantage and Part D prescription plans can change. It is essential to compare the options to see if a new plan offers better coverage, lower premiums, or reduced out-of-pocket costs. We recommend that you do not assume your current plan is still your best option. 4. Check prescription drug coverage. Prescription drugs are often one of the most significant health care costs for seniors. Review your Part D prescription drug plan to ensure that your medications are covered and that you are getting the best deal. 5. Be aware of scams. Medicare Open Enrollment is prime time for scammers targeting seniors. You want to be cautious of unsolicited calls or offers that seem too good to be true. Always verify information through trusted Medicare sources. 6. Seek assistance if needed. Navigating Medicare can be complicated. If you feel overwhelmed, reach out to a Medicare consultant or Florida’s SHINE program for free help. A Florida estate planning and elder law attorney can also provide guidance on how Medicare fits into your broader planning goals. 7. Watch for hidden costs. You need to know that not all Medicare plans are created equal. As you research, pay attention to deductibles, co-pays, and other out-of-pocket expenses that may not be obvious at first glance. These can add up quickly, so make sure your plan is affordable for your situation. 8. Know the deadlines. Medicare Open Enrollment closes on December 7. Missing this deadline means being locked into your current plan for another year, even if it no longer suits your needs. Be sure to mark your calendar to make the most of this opportunity. 9. Plan for long-term care. Again, it is crucial to understand that Medicare does not cover long-term care. If you foresee needing long-term care in the future, consider options like long-term care insurance or Medicaid. A Florida elder law attorney can help you navigate these choices and plan ahead. 10. Review your current Florida estate plan, or create your first one. While you are getting your Medicare coverage in order, this is also a great time to review your Florida estate plan. You want to make sure your health care planning that you develop with your estate planning attorney reflects your wishes. A well-coordinated plan ensures that all your ducks are in a row, no matter what life throws your way. We encourage you to contact our law practice to learn more today. We encourage you to contact us and schedule a meeting to get your ducks in a row. To learn more about Meloro Law and how we can help you when you need legal representation for estate planning or elder law issues do not wait to call us today.
REVIEWS
"We recently completed Estate Planning with Meloro Law. This was a new experience for us and Bobbi Meloro was so helpful every step of the way. During the creation of the Durable Powers of Attorney, Health Care Advanced Directives, Wills, Revocable Trust and Deed, she made sure that the completed documents were exactly what we wanted. This has resulted in an overwhelming feeling of peace that we can enjoy our remaining years with no worries."
- Dot Blake
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