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Questions Answered by Jason E. Neufeld
1 Answer | Asked in Elder Law for Florida on
Q: I am 52 widow and am planning to remarry. If this marriage ends, am I eligible for my deceased husband’s SSI?

Deceased husband was already receiving his SSI. I was a housewife for 20 years.

Jason E. Neufeld
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Jason E. Neufeld
answered on Dec 26, 2022

Unfortunately, the magic age is 60 (when your remarriage would not affect your ability to qualify for survivors benefits on your deceased husband's record). The exception to this is if you are above the age of 50 AND have a disability.

3 Answers | Asked in Estate Planning for Florida on
Q: if im married can I change my will so when I die my husband doesn't get our marriage assets in state of Florida

everything we own is in both our names .

Jason E. Neufeld
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Jason E. Neufeld
answered on Dec 26, 2022

Florida Statutes are very clear: the surviving spouse is entitled to 30% of the value of the deceased's spouse's estate (this is referred to as the "elective share", and I put a link to the statute at the bottom of this answer).

The right to an elective share can be...
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3 Answers | Asked in Real Estate Law, Elder Law, Estate Planning and Family Law for Florida on
Q: Can my mother execute a quitclaim deed to remove my father from the deed without a divorce?

She lives in Florida and my father has dementia and we are finding out about unpaid loans and she doesn't want anything to compromise her home.

Jason E. Neufeld
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Jason E. Neufeld
answered on Dec 26, 2022

If this is their homestead, a spouse cannot be removed from the deed (the property can't even be sold) without the consent of both spouses.

The other attorney who responded is correct, you likely will need to consult with a guardianship attorney to assist your father.

One bit...
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2 Answers | Asked in Divorce and Estate Planning for Florida on
Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount

We can't make it on our current income with food and gas prices rising we have no children or property

Jason E. Neufeld
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Jason E. Neufeld
answered on Dec 26, 2022

Your SSDI will not be impacted because it is based on your work history (regardless of income/assets).

However your wife's SSI could negatively be impacted by being married because part of your income may be being "deemed" to her and therefore can result in her receiving a...
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1 Answer | Asked in Estate Planning, Family Law, Elder Law and Probate for Florida on
Q: What's needed to claim deceased relatives property?

My great aunt passed away in 2013 and everything went to my great uncle as the will stated. then in 2015 my uncle passed and being the executor his estate and his power of attorney before that I'm wondering what's needed to claim property in my great aunts name that we just found a few... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on May 31, 2022

Hi there - given that you uncle passed away about 7 years ago, the first step would be to determine if a probate has been opened. There are many factors that would go into whether or not you have anything to claim:

1. Was there any property left to probate at your uncle's passing?...
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3 Answers | Asked in Elder Law for Florida on
Q: Which deed would be better for protecting my parents house in Florida from medicaid a ladybird deed or a quitclaim deed?
Jason E. Neufeld
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Jason E. Neufeld
answered on Jun 25, 2021

100% lady bird deed. This is because the owner remains the sole owner (with right to sell, rent, change remainderman) until death. Only at death does the ownership interest change. This is important because transferring assets within five year of applying for medicaid can result in a penalty, which... Read more »

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1 Answer | Asked in Family Law and Elder Law for Florida on
Q: My dad is 93 and can no longer care for my stepmother who can't walk. What will happen to her if he leaves her

They live in a retirement home with limited ability to care for her and it is very expensive

Jason E. Neufeld
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Jason E. Neufeld
answered on Mar 21, 2021

Below is a link to a video I created that explains how to get help paying for home-health care through Medicaid-planning.

https://youtu.be/b2pt20YdjLc

1 Answer | Asked in Elder Law and Health Care Law for Florida on
Q: My mom moved in with me so I could take care of her as she does not want to go into a home. She paid off my mortgage.

and I added her to the deed so she was comfortable. Later I took out a small 2nd mortgage for a car, she signed it but was not happy about it. she wanted a walk-in tub and wanted to remodel my bathroom. She has been living with me for four years. She has not remodeled the bath or paid any groceries... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on Nov 12, 2020

Unfortunately, its her house (partially, as she's on the deed) and you cannot force her to spend her money as unfair as it may seem.

2 Answers | Asked in Elder Law for Florida on
Q: I recently bought a home with my grandmother and now i must put her in a nursing home can medicaid take my house?

The house is in both of our names. Im wondering how much power medicaid could have over my house

Jason E. Neufeld
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Jason E. Neufeld
answered on Nov 12, 2020

If it is your and your grandmother's homestead and, especially if you and grandma own is as "joint tenants with rights of survivorship," then the house will be safe from Medicaid and probate.

You may enjoy these other relevant articles:...
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6 Answers | Asked in Elder Law and Estate Planning for Florida on
Q: I have been taking care of my elder parents, my father passed, my mom is in long term, i live in their home

I am paying their mortgage payment and wonder what happens when and if my mother passes. Please advise.

Thank you

Jason E. Neufeld
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Jason E. Neufeld
answered on Jun 3, 2020

You don't automatically get title to the house just because you have been paying her mortgage. However, may I suggest a lady bird deed: read more about it here: https://www.elderneedslaw.com/blog/lady-bird-deed); or watch video here: https://www.youtube.com/watch?v=XeOHKsLiY9M.... Read more »

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3 Answers | Asked in Estate Planning and Elder Law for Florida on
Q: Should I move money from our joint account to protect it?

My grandfather is in his 90 he recently had a bad fall went to the hospital where he stayed for a couple of weeks. He then is sent to a nursing home where he will stay for 21 days with the possiblity of being there indefinitely. My grandfather a couple of years ago put me and his account at his... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on Jan 9, 2020

Hi there. First off, placing these assets inside an irrevocable trust while your grandfather is in a nursing home is the worst possible idea. The reason is - he doesn't have time to wait out the period of ineligibility that will be imposed after transferring assets to the irrevocable trust... Read more »

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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: What is statute? If someone has dimentia and it’s medical records can they change poa and will
Jason E. Neufeld
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Jason E. Neufeld
answered on Nov 6, 2019

Just because someone has dementia does not mean that they, definitively, cannot sign a new POA or Will. The test is whether the person was lucid at the time they signed the document. In other words, did they understand what they are signing when it was signed.

Dementia is a spectrum....
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1 Answer | Asked in Elder Law for Florida on
Q: What should my wife be doing regarding an aunt that has no other relatives and who recently had a stroke?

My wife's aunt lives in Texas and we live in Florida. We are concerned for her care as we don't believe she has anyone designated as a surrogate or anyone having a POA

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Sep 19, 2019

Your wife's aunt could certainly hire a Texas elder law attorney to draft a durable power of attorney to allow your wife to help as best she can from Florida (assuming aunt has capacity to understand what she is signing after the stroke). More likely is that a care advocate will need to be... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Florida and Medicaid for Nursing Home:

My mom was just approved for Medicaid after being placed in a nursing home in Florida. At the time of application, my dad had well under his allowable $126,420 in assets. My parents home in MI was exempt in regards to the Medicaid application process. My dad wants to sell the MI home now. The... Read more »

Jason E. Neufeld
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Jason E. Neufeld
answered on Sep 19, 2019

Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the... Read more »

1 Answer | Asked in Elder Law for Florida on
Q: Can I sell my home in Florida without Medicaid taking proceeds?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jul 24, 2019

With proper planning in advance of the sale, you can avoid Medicaid touching any of the proceeds.

You have the option of selling with the intent on purchasing another home, which I talk about in this article:...
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2 Answers | Asked in Elder Law, Estate Planning and Probate for Florida on
Q: We want to sell my Mom's home in Florida, but don't know where to legally place the funds afterwards. Help please?!?!

I am Mom's POA. She has dementia and we feel skilled nursing is in her near future. Medicaid information is confusing us regarding selling, also, we fear we may lose out on moneys to care for her when she needs it the most. Thank you.

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jul 24, 2019

There are a variety of legal and ethical ways to protect the proceeds of the home sale and qualify your mother for ICP-Medicaid (which pays for nursing home care). Depending on the net amount, the medicaid-complaint strategies would change.

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3 Answers | Asked in Elder Law for Florida on
Q: I am successor trustee in my fathers trust. Am I able to sign the title of his car over to a buyer in the state of FL?

The car is paid for and is in his trust.

Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on Jun 24, 2019

I agree with the two other answers. As trustee, you have the ability to take action with regard to any asset that is properly titled in the name of the trust (subject to the trust's limitations, i.e. it may direct you, as trustee, to sell the car and distribute the proceeds to one or more... Read more »

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1 Answer | Asked in Foreclosure, Real Estate Law and Elder Law for Florida on
Q: Hi, what is the cost to file for guardianship for a parent with dementia? Thank you.
Jason E. Neufeld
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Jason E. Neufeld
answered on May 31, 2019

Assuming that it is not contested, my office charges $4,000.00 - $5,000. If you're interested in discussing further, please reach out.

1 Answer | Asked in Elder Law for Florida on
Q: Can a POA be partially revoked, in this case for medical, so a new POA can do that part?
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on May 30, 2019

You would want to revoke the entire document and have your elder care attorney draft a new one that complies with your wishes. This will prevent confusion when 3rd parties are trying to figure out who is supposed to make which decisions for you.

All the best,

Jason

2 Answers | Asked in Elder Law for Florida on
Q: I came to FL from Mass. FL is now my home. Is my Mass will valid in FL
Jason E. Neufeld
PREMIUM
Jason E. Neufeld
answered on May 2, 2019

Florida recognizes out-of-state Wills if legally executed in that other state. However, there are some practical reasons to redo your estate planning documents. Below is a link to a video I made, called:

Do I need new estate planning documents if I'm moving to Florida |...
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