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Guardianship Process
September 7th, 2018
Picking up from last week in this three-part series, this post covers the guardianship process. Key points are the complexity involved (this involves the court system) and the ongoing reporting requirements. Remembering some basic points of guardians…
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Categories: Guardianship
Tags: Florida
Basic Principles in Guardianship (a series)
August 31st, 2018
This is the first post in a series about guardianship. Over the next couple of weeks, look for two follow-ups that will further explains what’s behind this area of law. Guardianship Basics Every adult is assumed to be capable of making his or h…
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Categories: Guardianship
Tags: Florida
Gifts to Grandchildren: 529 Accounts
August 7th, 2018
This type of account, named for Section 529 of the Internal Revenue Code, enables you to reduce your taxable estate while earmarking funds for the higher education of a grandchild (or any other family member). Funds contributed to such accounts are i…
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Categories: Planning for Minor Children
Filial & Responsible Parties: When Can an Adult Child Be Liable for a Parent's Nursing Home Bill?
August 2nd, 2018
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 ag…
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Tags: Florida
Rockin’ Your Estate Plan
July 27th, 2018
Over the past weekend, I attended the REO Speedwagon and Chicago concert. At one point during REO’s performance, three of the band members (all guitar players) gathered near the front of the stage, playing some ongoing music but not a clearly ident…
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Categories: Powers of Attorney
Tags: Florida
Guardianship, Hippos, and #notallfoxes: Thoughts from John Oliver (and Others)
July 18th, 2018
Sitting in my office this week, I had the opportunity to watch a clip from HBO’s Last Week Tonight with John Oliver. He provided an explanation of how guardianship works, with a frank discussion of the possible scary implications. Of course, be…
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Going to the Chapel and You're Gonna Get Married? Florida Updates Your Will Automatically
July 13th, 2018
By tradition, last month (June) was the month of weddings. In all of that wedded bliss, then, maybe seeing an estate planning attorney was not at the top of your list. On one hand, you’re safe: Florida adds your spouse to your will in your esta…
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Medicare Advantage Plans to Offer Greater Benefits in 2019
June 13th, 2018
On April 2, the Centers for Medicare & Medicaid Services (CMS) expanded how it defines the “primarily health-related” benefits that insurers are allowed to include in their Medicare Advantage policies. As a result, when these plans roll out t…
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Agents, Representatives, and Surrogates: Oh My! Understanding Your Estate Plan Roles
April 18th, 2018
When you create your estate plan, not only do you decide what happens to your belongings and property after you die, you also choose people in the roles of your estate plan to do things for you when you cannot. Some of these people act after your dea…
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Tags: Florida
Estate Planning and Special Needs
March 4th, 2018
Many families include a person with special needs who receives Supplemental Security Income (“SSI”), Medicaid, or other government benefits. These benefits may provide food, shelter, and/or medical care. Careful planning needs to be in place with…
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Categories: Special Needs Law
Tags: Florida
Attorney Jana McCreary
Houston Estate Planning Attorney Jana R. McCreary has been an attorney for over twenty years, a career move she made after working for over a decade with adults and children with intellectual disabilities and mental illness. Graduating summa cum laud… Read More