Grady H. Williams, Jr., LL.M
Alison E. Hickman, J.D.
Zachary M. Altenbach, J.D.
What we do
Wills & Probate
Long-Term Care Planning
You have asked
Video Answers to Frequently Asked Questions
Do I have to prepare an accounting?
Do I have to have my power of attorney recorded at the county clerk’s office?
Do all attorneys practice Elder Law?
Do I need the original will?
Do I need a living trust?
Do I need an attorney to handle an estate?
Do I have to be wealthy to set up a trust?
Do I have to be in my home state when I make my will?
Do beneficiaries have to pay creditors out of their own pocket if the estate is insolvent?
Can you avoid probate by leaving a deed filled out and notarized but not filed until death?
Can there be more than one personal representative?
Can the estate attorney also represent me as a beneficiary?
Can someone quitclaim his/her property to me instead of leaving it in his/her will?
Can someone challenge my will after I die?
Can my power of attorney change my trust document?
Can my power of attorney make or change my will?
Can my estate avoid paying a personal representative’s fee?
Can my husband and I make a joint will?
Can I use a reverse mortgage program to help with finances?
Can I use my will to name a guardian to care for my young children and manage their property?
Can I prevent a daughter-in-law or son-in-law from benefitting from my child’s inheritance if they get a divorce?
Can I name more than one person as agent?
Can I pay the decedent’s debts even if the creditor has not filed a claim?
Can I name alternative beneficiaries?
Can I name a trust as the beneficiary of my life insurance policies, annuities, and retirement accounts?
Can I make a handwritten will if I do not have much property?
Can I make provision in my will for my pets?
Can I have a durable power of attorney that becomes effective only in the future?
Can I give all of my property away before I die and avoid estate taxes?
Can I disinherit my spouse or my children?
Can I control how money is left to my children?
Can I change my trust after it is established?
Can a will be changed or revoked?
Can a personal representative hire an accountant?
As the primary caregiver, how can I get a break?
Are there legal presumptions or preferences on who should be the personal representative?
Are there alternatives to the formal administration of probate?
Are there any disadvantages to using A-B Trusts in my estate plan?
Are the rules for Medicaid different in each state?
Are the premiums for long-term care insurance deductible on my income tax returns?
Are the eligibility rules for community-based Medicaid services the same as for nursing home Medicaid?
Are personal representatives paid?
Am I responsible for my deceased parent or spouse’s bills?
A creditor has filed a creditor’s claim. What do I do now?
Can a will be changed or revoked after my death?
Can all elder law attorneys handle all issues that come up in an elder law context?
Can I leave my property to anyone I choose?
Can I leave something to a charity in my will?
Do I have to give anyone a copy of my will?
Am I allowed to keep all of my social security and pension if I am in a nursing home and Medicaid is paying for my care?
Am I entitled to veterans benefits regardless of how much money I have?
Are there advantages to a power of attorney over a guardianship?
Are there alternatives for managing property when a person becomes incapacitated?
Are there any assets that Medicaid does not consider available to the Medicaid applicant and/or his or her spouse?
Are there other ways of leaving property to my beneficiaries other than through a will or a trust?
Are there ways for me to protect some of my assets and still be eligible for Medicaid benefits?
Can a power of attorney be used for estate planning?
Can I add my daughters or sons name to my bank account instead of having a power of attorney?
Can I appoint the same person as personal representative trustee and guardian?
Can I be barred from Medicaid if I just moved into Florida?
Can I give my agent power to make health care decisions for me?
Can I give my agent under a power of attorney the power to make health care decisions for me?
Can I leave directions about my final ceremonies and the disposition of my body in my will?
Can I pre-plan and pre-pay for my funeral and burial expenses?
Can I require my agent to provide me a monthly or annual account?
Can I retain control of my assets while simultaneously protecting them from the reach of nursing homes?
Can my mother give away $10000 with no problems?
Can my mother give me money when she moves into my house?
Do children have to pay for a parent to be in a nursing home?
Do I have to wait 5 years after giving anything away to get Medicaid?
Do I need a lawyer for estate planning or can I hire a paralegal or another non-attorney to assist me?
Do I need a living will health care surrogate and power of attorney?
Do I need a new asset protection plan, trust, or will if move to a new state?
Do I need a will?
Does a revocable living trust offer asset protection?
Does an agent have any responsibility to use his or her own money to support me?
How can a trust prevent a guardianship proceeding?
How can an estate plan prevent a guardianship proceeding?
How do I decide if I want to take early retirement?
How do I figure out what the penalty period is for transferring property?
How do I go about getting services to come into my home and have Medicaid pay for them?
How do I know if I am eligible for veterans benefits?
How do I select a nursing home?
How does an agent use a power of attorney?
How does someone apply for Medicaid benefits?
How much of my assets can be saved?
I am single. What happens if I have to go to a nursing home?
I cannot afford to keep up the long-term care insurance policy anymore. What should I do?
I heard that I am only allowed to keep $50 of income if I am in a nursing home. Is that true?
How much does nursing home care cost?
If I enter a nursing home as a private pay resident, do I have to use my assets before I can get Medicaid?
If I give someone power of attorney, do I forfeit my own rights to make decisions?
If I have all my estate planning and long term care documents from another state, do I have to have them redone in Florida?
If I need a nursing home, will my spouse and children lose everything?
If my mother or father is not able to handle her or his own financial matters, what can I do ?
If my spouse and I own everything jointly, might a durable power of attorney still be useful?
Is a spouse required to use all of his or her money to pay for the nursing home costs of the other spouse?
Is property held in an applicants revocable living trust a countable asset for Medicaid eligibility purposes?
Is there a 5 year review of my finances to see if I gave away anything before Medicaid will pay for nursing home care?
If I go into a nursing home and my wife stays home, how much of my income can she keep?
Is there any way I can prevent nursing home costs from wiping out my parent’s savings?
Must the individual I appoint live in the same state?
My aunts neighbor has been taking things out of her house. I do not think my aunt realizes this. What can I do?
My dad fell in a nursing home and was seriously injured. What can I do?
My father is not able to handle his own financial matters and is doing odd things. What can I do?
My father’s agent, under his power of attorney, has cleared out his bank accounts. What can I do?
My financial advisor is telling me to buy a long term care insurance policy, but with high premiums. What can I do?
My sister is trying to keep me away from my mother. What can I do?
Once I sign a durable power of attorney, can I change my mind?
Should I add my family members name on my assets and avoid a will?
Our entire family works together to take care of our mother. Can we be paid for the things we do for her?
Under a power of attorney, can my agent make a gift on my behalf?
What are some of the common mistakes in Medicaid asset protection planning?
What documents should I have in my estate plan that will help me plan for long term care?
Should I notify my bank about a durable power of attorney?
What are the disadvantages and advantages of a guardianship?
What are the Medicaid application and eligibility requirements?
What are the remedies in Florida if a nursing home patient is being neglected?
What do I need for asset protection and Medicaid planning?
What documents do I need before we proceed with a Medicaid application?
What does it mean to fund a trust?
What happens if my agent does things that are wrong or not what I want?
What happens to my veterans benefits if I go into a nursing home?
What if I do not want to go to a nursing home are there ways to get services brought into the home?
What is a durable power of attorney?
What is a guardianship?
What is a nursing home?
What is an advance medical directive and a living will?
What is elder law?
What is long term care?
What is Medicaid?
What is Medicare?
What is the aid and attendance benefit program?
What is the difference between an assisted living residence and a nursing home?
What is the look back period?
What rights do nursing home residents have?
What should I consider when developing a long term care plan in Florida?
What steps should I take to protect the house in case of nursing home costs?
When is the right time to begin estate planning for myself?
When should an estate plan be reviewed?
Why should I use an elder law attorney to help me apply for Medicaid benefits?
Why should I hire an elder law attorney?
Will Medicare pay for a stay at a nursing home?
Will having a power of attorney and health care surrogate in place prevent the need for a guardianship?
Will my family need to pay estate taxes at my death?
Will my loved one get worse care in the nursing home once Medicaid starts paying for his her care?
Will the government or state take my house if I go into a nursing home?
Will veterans benefits help pay for assisted living and nursing home costs?
Will Medicare pay for a stay at a nursing home?
Why would I consider an irrevocable trust when I could create a revocable living trust?
Who inherits my Individual Retirement Account (IRA) if I do not name a beneficiary?
Who gets notice of the petition for probate?
Where is probate handled?
When is probate required to transfer title to real estate?
What is the difference between veteran’s compensation and veteran’s pension?
What income is available to a spouse that is not in need of Medicaid for long term care benefits?
What happens if the Veteran’s Administration decides I am not eligible for veteran’s benefits?
What documents will I need to complete a Medicaid application?
What do the designations transfer on death, payable on death, and in trust for mean?
What do testate and intestate mean?
What benefits does a trust offer?
What are veteran’s benefits?
What are the duties of a personal representative?
What are the types of probate proceedings?
What are Letters of Administration?
What are advanced care directives?
My parent died with a will and disinherited me. Can my parent do that in Florida?
My husband died without a will. We have two children. Will I inherit everything?
My husband was a veteran. Are there any benefits that I might be entitled to?
If I have several children, can I treat them differently in my will?
Is it better to transfer my house and/or other assets to my children during my lifetime to avoid probate?
If I gave things away, do I have to wait five years to get Medicaid?
If I become incapacitated, will I need a durable power of attorney if I already have a living trust?
If I create a revocable living trust, do I still need a will?
If I am named as personal representative in a will, do I have to serve?
If a person lives out of the area, can they still be named a personal representative of a will?
I thought that when I retired I got Medicare. Is that true?
I made a will, but lived in another state. Now I live in Florida. What should I do?
I have long-term care insurance. Do I need to do anything else to protect my assets?
I made a will 20 years ago when my children were small. Do I need to change it now?
How does property transfer after death?
I did some estate planning in the past with my financial advisor. Should I still consult an estate planning attorney?
How does a power of attorney terminate?
How can I leave specific items to particular people?
How can someone see the will of a person who has died?
How can I ensure that the guardian named for my children has the resources to raise them well?
How can a power of attorney potentially prevent a guardianship proceeding?
Does the way in which I hold title make a difference in my overall estate plan?
Does my will have to be notarized?
Does everybody have to worry about estate taxes?
Does all personal property and real property have to go through an estate when a person dies?
Does a personal representative need to hire an attorney?
Does a will increase probate expenses?
Do we need to go through probate if there is a valid and non-contested will?
Does a living trust protect property from creditors?
Do life insurance or retirement benefits need to go through probate?
Do items have to be valuable to be mentioned in a will?
Do I share my husband’s inheritance of his mom’s house?
Do I receive a payment upon the death of my spouse?
Do I retain control of my property if it is in a trust?
Do I need to name a guardian in my will?
Do I need to insure estate assets?
Do I need to appoint the same person as my agent in my health care power of attorney and financial power of attorney?
Do I need to file tax returns for the estate?
Do I need an attorney to make my will?
Do I need a living will, health care power of attorney, or financial power of attorney?