Recent Blog Posts
Why must the decedent’s assets go through Florida probate?
is necessary in order to pass title or ownership of an asset to the decedent’s beneficiaries. If the decedent died with a Florida Will, this is called a “testate” estate and the Will dictates who gets the assets and who gets to administer the estate. If the decedent...
I was on my parent’s bank account – does this have to go through probate?
That depends on how the bank account was titled. Assets must go through Florida probate only if they are owned solely in the decedent’s name at death. In other words, there were no co-owners on the asset nor were there beneficiary designations (such as with life...
What is Probate? Florida Probate Answers Revealed
What is probate? Probate in Florida is a court-supervised process where assets of a deceased person (the decedent) are identified and gathered by the personal representative/executor (means the same thing). Essentially, the personal representative pays the decedent’s...
Is a Durable Power of Attorney useful after someone dies?
Durable Power of Attorney: can it be used after death? I had a client call me last month after her mother passed away. She wanted to know why she couldn’t use the Florida durable power of attorney (DPOA) she had for her mother to close out a bank...
Important 2010 Tax Info Every Teacher Should Learn
If you are a teacher, student or someone who itemizes on their tax return, don’t plan on filing your tax return early. Because Congress waited so long in passing the Tax Relief Act of 2010, the Internal Revenue Service will be not be begin processing some tax returns...
The Tax Relief Act of 2010 – How Does it Affect You?
On December 17, 2010, President Obama signed into law the 2010 Tax Relief Act which has provisions dealing with income tax, estate tax and unemployment insurance provisions. What is important about this new law is that it is a temporary measure and, for the most...
Dad, Can We Talk? Answers to 9 Top Questions About Discussing Long-Term Care Planning
Recently a reporter asked ElderLawAnswers founder and president, Harry S. Margolis, some questions for an article on talking with aging parents or other family members about sensitive issues such as wills, funeral arrangements, assisted living or medical treatment...
How to Report Elder Abuse in Florida
Florida Law requires that any person who knows or suspects that a vulnerable adult has been or is being abused, neglected or exploited shall immediately report such knowledge or suspicion to the Florida Abuse Hotline on the toll-free phone number, 1-800-96-ABUSE...
Happy Holidays!
Seasons Greetings! The Law Offices of Laurie Ohall wish you and your family a safe and merry holiday season! Holiday gatherings are the perfect time to discuss basic estate planning with your loved ones. Our law office is pleased to help you begin this conversation...
The Perfect Holiday Caregiver: It’s all a state of mind
The holidays are always a wonderful time of year for family gatherings, reflection on what we have and the spirit of giving. The television is packed with specials showing relationships and families coming together for the holidays. But the holidays can also be a time...
Tips on Caring for Aging Parents
Written By : Lin Steven Original Article found on Seniors List Do not feel alone if you are caring for your aging parents because you are one of 50 million Americans in the same boat. Whether they are staying with you or in another location, if you have the...
Who Was Supposed To Be Watching Grandma?
There is a popular tune played this time of year called “Grandma Got Run Over by A Reindeer” which relates that Grandma -- after drinking too much eggnog -- went out into the winter cold to get her medication and was run over by a reindeer. The question is, “Who was...
Elder Law Attorneys Specialize in Helping the Elderly
Many elderly persons rely entirely on their children, family members or other trusted individuals to help them. This dependence upon caregivers or family members makes an older person more vulnerable to abuse and financial exploitation. Legal arrangements and...
Legal Issues with Veterans Benefits
Accreditation Federal law dictates that no one may help a veteran in the preparation, presentation and prosecution of an initial claim for VA benefits unless that person is accredited. The only exception to this law is that any one person can help any veteran --...
Choices for End-of Life Caregiving
There are many decisions to be made when imminent death is approaching for a loved one. Questions regarding what type of care, medical assistance and even physical location for their last days confront us. If care at home has been given, should loved ones be moved to...