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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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By Bobbi Meloro March 13, 2025
Do you know why World Down Syndrome Day is recognized on March 21? The date, 3/21, represents the extra 21st chromosome that results in Down syndrome. This day is dedicated to supporting, educating, advocating, and celebrating individuals with Down syndrome while promoting inclusion and equal opportunities. It is also a time for families to consider the steps needed to secure a bright and stable future for their loved ones. If you have a family member with Down syndrome, you may already be thinking about their future, who will care for them, how they will manage finances, and what legal steps need to be taken to protect them. Many Florida families rely on government programs like Supplemental Security Income and Medicaid to provide essential support, but without proper planning, an inheritance or financial gift could unintentionally disrupt those benefits. Special needs planning helps ensure long-term financial security while maintaining access to critical resources. Why special needs planning is essential. Many individuals with Down syndrome depend on government benefits for health care, housing, and daily support services. However, these programs have strict income and asset limits. Without proper planning, receiving even a modest inheritance could cause a loved one to lose eligibility for these crucial benefits. Special needs planning allows families to set aside funds to enhance their loved one’s quality of life while ensuring continued access to government assistance. The right legal tools provide financial security without putting essential support at risk. How a Florida special needs trust can help. One of the most effective ways to protect a loved one’s financial future is through a special needs trust. This type of trust holds assets for an individual with disabilities without those assets being counted against eligibility for government benefits. Funds in the trust can be used for supplemental expenses such as medical care, therapies, education, housing, and recreation—ensuring a better quality of life. There are different types of special needs trusts, including first-party, third-party, and pooled trusts. The right choice depends on the source of the funds and the family’s long-term planning goals. Consulting with an experienced elder law attorney helps ensure that the trust is properly structured to comply with Florida laws and provide maximum benefit to the individual. Why guardianship and decision-making documents matter. When individuals with Down syndrome reach adulthood, families may need legal authority to help with financial, medical, and personal decisions. In Florida, this can be accomplished through guardianship, a durable power of attorney, and health care planning tools. Every situation is unique, and some individuals with Down syndrome are capable of making certain decisions with the right support in place. Families should explore all available options to determine the best way to balance independence with necessary legal protections.  At Meloro Law, we are here to make sure your trust delivers everything you intended for your 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 special needs planning, estate planning, or elder law issues, do not wait to call us today. At Meloro Law, we are here to make sure your trust delivers everything you intended for your 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 special needs planning, estate planning, or elder law issues, do not wait to call us today.
By Bobbi Meloro March 13, 2025
Have you ever thought about how estate planning is one of the greatest acts of love? As we move into March, a time of renewal and fresh starts, it’s the perfect opportunity to ensure your family's future is secure. True care goes beyond daily gestures—it means protecting your loved ones, honoring your wishes, and safeguarding your assets. At Meloro Law, we help families get their ducks in a row—and their estate plans in order—so they can enjoy peace of mind knowing they are prepared for whatever the future holds. Do you know why updating your Florida estate plan matters? There is no question life changes, and so should your estate plan. If you have recently married, divorced, had children or grandchildren, or lost a loved one, now is the time to review your documents. Unfortunately, many people create an estate plan once and assume they are set for life, but outdated plans can lead to unnecessary legal battles and stress for your family. A well-structured Florida estate plan includes a last will and testament, a trust agreement, durable powers of attorney, and health care planning tools to ensure that your wishes are clear and legally enforceable. Without these protections in place, your loved ones may face complications in managing your affairs. Regular updates ensure that your estate plan truly reflects your current situation and goals. Estate planning is only the first step, however. Next, to show your love, you want to plan ahead for the long-term care that can protect your family. There is no question that thinking about the cost of long-term care is never easy, but planning ahead can prevent significant financial and emotional burdens for your loved ones. Many Florida families assume they will never need nursing home care, only to find themselves scrambling when a crisis occurs. The reality is that long-term care costs are rising, and Medicaid eligibility rules are strict. Without proper planning, families may have to spend down their assets or risk losing financial security. When you choose to work with an experienced Florida estate planning attorney who also focuses on elder law, you can create a plan that protects your assets while ensuring you qualify for benefits when the time comes. Accessing public benefits, such as Medicaid and the Medicaid planning that is needed can be complex, but the right legal strategies can help you preserve what you have worked so hard for while securing the care you may need in the future. Estate planning can ease the probate process for loved ones. Losing a loved one is never easy, and a complicated probate process only adds to the stress. If you do not have a clear estate plan in place, your family may have to go through Florida’s probate system, which can be time-consuming and costly. Proper planning can help minimize probate or, in some cases, avoid it altogether. Using tools such as revocable living trusts, payable-on-death accounts, and beneficiary designations can help ensure that your assets are transferred smoothly. The more you prepare now, the easier it will be for your loved ones in the future. At Meloro Law, we are here to make sure your trust delivers everything you intended for your 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.
By Bobbi Meloro January 8, 2025
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.
By Bobbi Meloro December 5, 2024
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.
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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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