Well… Florida probate does not work that way.

One of the fastest ways a straightforward administration turns into delay, conflict, or liability is when the Notice to Creditors step is handled improperly.

This post is designed to answer one of the most common questions people ask:

“What are the deadlines for creditors in Florida probate, and what do I have to do to protect the estate?”

Where “Palm Beach Gardens Probate Court” Actually Happens

If you live in Palm Beach Gardens, you’re still in Palm Beach County for probate. In many cases, filings and clerk services are routed through the Palm Beach County Clerk & Comptroller and the Fifteenth Judicial Circuit.

Palm Beach County has multiple locations. For residents of Palm Beach Gardens, the Clerk lists the North County location at:

• 3188 PGA Boulevard, Palm Beach Gardens, FL 33410 (Attn: Probate Department)

Important practical note for 2026: Many probate documents can be e-filed, but some originals (like the original will and death certificate) must be delivered physically. Palm Beach County’s probate FAQ specifically notes that the original death certificate and original will cannot be e-filed.

The “Notice to Creditors” Is Not Just a Formality—This Is How You Start the Probate Clock

In Florida, the personal representative must promptly publish a Notice to Creditors, and that notice must include specific details (decedent’s name, estate file number, court designation/address, PR and attorney information, and the date of first publication).

Why this matters: creditor deadlines are triggered by the date of first publication.

Publication Rules (Florida Probate, Palm Beach County)

Florida requires publication once a week for two consecutive weeks in a newspaper published in the county where the estate is administered (or a paper of general circulation if needed).

The Two Deadlines Everyone Needs to Understand (and Calendar)

1. The “3 Months from First Publication” Deadline

A creditor claim is generally not binding unless filed on or before the later of:

• 3 months after the time of first publication, OR
• 30 days after service (for creditors who must be served)

That “later of” language matters more than people realize.

2. The “2-Year Hard Stop” (Statute of Repose)

Florida also has an outside deadline: 2 years after the date of death, the estate/PR/beneficiaries generally are not liable for claims (with limited statutory exceptions).

Translation: even if someone argues they didn’t know about the estate, there is typically still a hard cutoff at two years.

The Step People Skip: Serving “Reasonably Ascertainable” Creditors

Publication alone is not the whole process.

Florida requires the personal representative to make a diligent search for creditors who are “reasonably ascertainable” and to promptly serve those creditors with the notice. The statute is also clear that impracticable and extended searches are not required.

That phrase “reasonably ascertainable” is where real-world probate gets technical.

What a “Diligent Search” Looks Like in Practice (2026 Checklist Mindset)

• Forwarding mail
• Reviewing recent bank/credit card statements
• Reviewing medical bills, insurance EOBs, and facility invoices
• Checking for mortgage statements, HOA notices, vehicle loans
• Looking at the decedent’s email for billing portals (utilities, subscriptions)
• Reviewing business records if the decedent owned a company

Why so thorough? Because if a creditor should have been served and wasn’t, the estate can stay exposed longer (and disputes get expensive).

Florida probate practice also includes a required filing tied to this effort:

• A verified “Statement Regarding Creditors” must be filed within 4 months after first publication.
• Proof of publication must be filed with the court within 45 days after the date of first publication.

These deadlines are emphasized in practitioner guidance as well.

A 2026 “Recent Update” Most Families Haven’t Heard About: The Community Property Demand Language

Florida’s Notice to Creditors statute now includes language that the personal representative has no duty to discover whether property held by the decedent/surviving spouse is subject to Florida’s Uniform Disposition of Community Property Rights at Death Act unless a written demand is made by a creditor as specified by statute.

And the Florida Supreme Court has addressed procedural implementation, stating that the written demand must be filed with the clerk.

Why mention this in a “creditor deadlines” post? Because it’s a good example of what has changed in the background: probate forms and notices aren’t frozen in time, and the safest approach in 2026 is to treat probate like a compliance timeline, not a casual errand.

Special Rule That Surprises Many Palm Beach County Families: AHCA Notice When Decedent Was 55+

If the decedent was 55 or older at death, the personal representative must serve the Agency for Health Care Administration (AHCA) with a copy of the Notice to Creditors and a copy of the death certificate within 3 months after first publication (unless AHCA already filed a claim).

This is often relevant even when the family believes “there was no Medicaid,” because Medicaid estate recovery is fact-specific and sometimes discovered late. The safest approach is to confirm early and document what you did.

“Do I Have to Pay Bills Immediately?” Not Necessarily—And Paying Too Early Can Create Problems

Florida provides that no personal representative shall be compelled to pay debts until after the expiration of 5 months from first publication of Notice to Creditors.

This matters because premature payments can:

• Disrupt the priority scheme
• Create beneficiary disputes
• Leave the estate short if a valid claim arrives later

A Timeline You Can Actually Use (Starting the Day Letters of Administration Are Issued)

“What If a Creditor Files a Claim—What Happens Next?”

This is where a lot of DIY probates break down.

A filed claim is not automatically “valid,” and it’s not automatically “payable right now.” It must be evaluated (priority, documentation, whether it’s timely, whether it’s barred, whether it’s secured, whether it’s insured, etc.).

If you’re the PR, you’re balancing three obligations:

• Follow Florida statutory deadlines
• Avoid paying the wrong thing at the wrong time
• Preserve enough assets to close the estate correctly

This is exactly the type of decision-making that benefits from counsel, because one misstep often costs far more than the legal help would have.

Palm Beach Gardens Probate Filings: E-Filing vs. Originals

For 2026, assume your probate process will involve a mix of:

• E-filing through Florida’s portal
• Physical delivery of certain originals

Palm Beach County states e-filing is mandatory for attorneys, and the Clerk provides e-filing instructions.

And again, Palm Beach County probate guidance notes original death certificates and original wills must be mailed/hand-delivered (not e-filed).

Frequently Asked Questions

How long do creditors have to file a claim in Florida probate?

Generally, the deadline is the later of 3 months after first publication of Notice to Creditors, or 30 days after service on a creditor who must be served.

Is there an absolute deadline for creditor claims?

Yes, Florida generally imposes an outside deadline at 2 years after death (with limited statutory exceptions).

Do I have to notify creditors directly?

You must make a diligent search for reasonably ascertainable creditors and serve them; publication alone is not the entire requirement.

Where do I go for probate in Palm Beach Gardens?

Palm Beach County lists the North County probate department location at 3188 PGA Blvd., Palm Beach Gardens, FL 33410.

The Bottom Line (and the Part I Want You to Remember)

If you’re handling a probate estate in Palm Beach Gardens, the Notice to Creditors step is a deadline machine:

• Publish correctly
• Serve the right people
• File proof and creditor statements on time
• Don’t distribute too early

If you want help setting this up correctly, and keeping the administration moving, my team can guide you. Felinton Elder Law & Estate Planning Centers serves Palm Beach County families, and you can reach us at (561) 290-2179.

The post Palm Beach Gardens Probate Court: “Notice to Creditors” Deadlines, Diligent Search, and How Personal Representatives Avoid Costly Mistakes 2026 appeared first on Felinton Elder Law and Estate Planning Centers.

The FY 2025 federal budget reconciliation process, coupled with the sunset of pandemic-era enhanced federal funding, is projected to trim roughly $1 trillion from Medicaid over the next decade while adding stringent limits on provider payments and new verification hurdles. (kff.org) These actions arrive just as states absorb the loss of the temporary 6.2-percentage-point FMAP boost, a shift that already pushed state Medicaid spending up 19.2 percent in FY 2024 alone. (kff.org) For seniors who depend on Medicaid to underwrite nursing-home and in-home services – Medicaid is the primary payer for about 63 percent of all nursing-facility residents – the financial squeeze translates into tougher eligibility reviews, lower facility reimbursement, and greater exposure to estate-recovery claims. (kff.org) The result is a far higher risk that long-term-care costs will erode family wealth unless proactive legal planning is in place.

Federal Budget Drivers of the 2025 Medicaid Contraction

Reconciliation Bills in Congress

• Senate version (July 1): $1 trillion reduction, driven largely by work-requirement mandates and limits on provider-tax financing. (kff.org)
• House-passed “One Big Beautiful Bill Act” (May 22): $863 billion in Medicaid cuts with parallel SNAP reductions, now awaiting conference. (commonwealthfund.org)
• State-directed-payment (SDP) provisions: Existing hospital and nursing-facility SDPs would fall 10 percent per year until capped at 100 %–110 % of Medicare rates, immediately trimming revenue streams that many skilled-nursing facilities use to balance Medicaid shortfalls. (kff.org)
• Work-verification and “program-integrity” expansions signal stepped-up scrutiny of asset transfers and trusts. (theguardian.com) (kff.org)

End of the COVID-Era FMAP Bump

The Consolidated Appropriations Act phased down the 6.2-percentage-point FMAP increase to zero by January 1 2024, leaving states to back-fill the lost federal match. (medicaid.gov, medicaid.gov) State Medicaid directors report that, absent new revenue, the added burden is crowding out other budget priorities and fueling rate cuts. (medicaiddirectors.org)

State-Level Reverberations for Long-Term Care

• Florida would forfeit an estimated $4 billion in federal Medicaid dollars over 10 years if House-level cuts prevail, threatening provider payment levels already used for 58 % of the state’s nursing-home stays. (floridaphoenix.com)
• Nationwide modeling shows the same House bill could erase 22 million jobs and $154 billion in state GDP by 2029, with health-care employment hit hardest. (commonwealthfund.org)
• Gaps in reimbursement jeopardize facility solvency: 27 % of nursing-home operators say they would be forced to close if Medicaid rates fall in line with the proposed federal caps. (ohiocapitaljournal.com)

Technical Implications for Medicaid Eligibility

Asset & Income Thresholds

• Community-Spouse Resource Allowance (CSRA) and income allowances for 2025 remain indexed, but tighter state audits and high-profile fraud rhetoric signal more look-back challenges and denial risk. (medicaid.gov) (kff.org)
• Program-integrity initiatives emphasize document-heavy substantiation of transfers, promissory notes, and caregiver agreements – errors will be treated as improper payments subject to claw-back. (kff.org)

Estate Recovery

Federal law requires states to recover the full cost of long-term-services-and-supports (LTSS) – institutional or HCBS – for beneficiaries age 55+. (justiceinaging.org) Thirty-six states already go beyond the minimum; deeper budget cuts make expansion of recovery policies more likely.

Strategic Planning Moves For Seniors to Consider Now

1. Irrevocable Medicaid Asset-Protection Trusts (MAPTs) – Transfer assets at least five years before an application to survive the look-back period.
2. Permitted Spend-Downs – Home modifications, debt retirement, and purchase of exempt resources can trim countable assets without penalties.
3. Medicaid-Compliant Annuities & Promissory Notes – Consider if converting otherwise countable resources into income streams that end within life expectancy.
4. Personal-Care Contracts – Formalize child or relative caregiving arrangements at Fair Market Value (FMV) to document legitimate expenses.
5. Spousal Strategies – Maximize the 2025 CSRA and Monthly Maintenance Needs Allowance to protect community-spouse security. (medicaid.gov)

Why Professional Counsel Is Essential

Budget volatility means that planning techniques that worked last year may invite penalties today, and inadvertent missteps can trigger multi-year periods of ineligibility or post-death liens. Felinton Elder Law & Estate Planning Centers continuously monitors federal guidance, state-plan amendments, and facility-level reimbursement shifts to:

• Map out tailored five-year asset-protection timelines;
• Draft and fund trusts that comply with both current and pending rules;
• Defend against adverse eligibility determinations and recovery claims.

Schedule a Consultation

Every month of nursing-home care in our region now exceeds $14,000 out-of-pocket – and the window to insulate assets is shrinking as budget cuts advance. Call Felinton Elder Law & Estate Planning Centers at (301) 610-0055 or 561-290-2179 today to schedule a confidential consultation. Having an experienced elder-law attorney by your side is the single best defense against the new wave of Medicaid risks and ensures that you – or your loved ones – receive the care you deserve without sacrificing a lifetime of savings.

The post Mindy Felinton’s Take on the Medicaid Cuts for Seniors in 2025 appeared first on Felinton Elder Law and Estate Planning Centers.

One of the biggest sources of conflict in Aretha Franklin’s estate was the discovery of three handwritten wills, two from 2010 and one from 2014, that were found in her home after her death. These wills, also known as holographic wills, are not recognized in many states and can be easily challenged or invalidated. They also tend to be vague, incomplete, and inconsistent, leaving room for interpretation and dispute.

In Aretha Franklin’s case, her sons disagreed over which will should be honored and what their mother really intended. A probate court judge ruled in July 2023 that the 2014 will was valid, but the case is still not over. The estate is facing lawsuits from creditors, the IRS, and Franklin’s former lawyer, who claims he is owed millions in fees.

The lesson here is simple: don’t rely on handwritten wills. They are not worth the risk and the hassle. Instead, work with a qualified estate planning attorney to create a formal, typewritten will that meets the legal requirements of your state and reflects your wishes clearly and accurately.

Lesson 2: Don’t procrastinate on estate planning

Another mistake that Aretha Franklin made was procrastinating on estate planning. Despite having years of health problems and being urged by her lawyer to create a trust, she never got around to it. She died without a formal estate plan in place, leaving her assets and her heirs exposed to probate, taxes, and litigation.

Procrastination is a common enemy of estate planning. Many people think they have plenty of time, or they don’t want to deal with the emotional and financial aspects of planning for their death. But the reality is that none of us knows when our time will come, and the consequences of not planning can be devastating for our loved ones.

The lesson here is simple: don’t procrastinate about estate planning. It is one of the most important and caring things you can do for yourself and your family. By planning ahead, you can avoid probate, minimize taxes, protect your assets, and ensure that your wishes are respected and honored.

Lesson 3: Don’t forget to update your estate plan

Even if you have a formal estate plan in place, you still need to update it regularly to reflect any changes in your life, your assets, your family, or the law. Failing to do so can result in unintended consequences and conflicts.

For example, Aretha Franklin’s 2014 will named her niece, Sabrina Owens, as the personal representative of her estate. However, Owens resigned from the role in 2020, citing a breakdown of communication and trust among the family members. This left the estate without a leader and added more delays and complications to the process.

The lesson here is simple: don’t forget to update your estate plan. Review it at least every few years, or whenever you experience a major life event, such as marriage, divorce, birth, death, inheritance, or relocation. Make sure your estate plan reflects your current situation and goals, and that you have the right people in place to carry out your wishes.

Conclusion

Aretha Franklin’s estate battle is a cautionary tale for anyone who cares about their legacy and their family. By learning from her mistakes, you can avoid the same pitfalls and create a smooth and peaceful transition for your loved ones. If you need help with your estate planning, contact us!

The post From An Estate Planning Attorney: Lessons Learned from Aretha Franklin’s Long Estate Battle appeared first on Felinton Elder Law and Estate Planning Centers.

Trusts are a key tool in order to better protect your assets and property while ensuring they go to their designated beneficiaries after you die. However, not all trusts are equal; some are more appropriate for certain situations than others. This article will guide you through the process of choosing one that best fits your needs, as well as the estate planning process in general.

What Is a Trust?

This is an entity that’s titled in such a way that it controls the property, finances, or other assets of the people named therein. The person who creates the trust, known as the grantor, gives up control of these assets to the trustee. The trustee is responsible for handling financial matters for the grantor. If the grantor dies, the trustee distributes property to those named in the documents or to those who are legally entitled.

A properly prepared trust can help avoid probate and provide direction for how your property is distributed upon your death. Why Choose One?

Trusts offer many benefits for grantors, depending on their structure and purpose. Some of the most common benefits of trusts are listed below:

· They are considered good management tools for family-owned wealth because they make it easy for family members, such as children and widows, to receive money in specific amounts. They also allow them to make reasonable adjustments as needed.

· They help avoid the probate process required when you die. To do so, choosing a properly drafted trust avoids the need for probate. In addition, trusts could increase the number of assets protected from creditors and lawsuits.

· They may offer flexibility for beneficiaries who might want to make changes in their life at any time. Creative approaches include creating a trust with an exit strategy or changing a trust to give your spouse final authority over managing your finances in case you do not carry out your wishes.

· They are often used by people who want their money passed on in the most beneficial manner to their beneficiaries or charitable organizations.

· They focus on the future and often address issues such as ensuring that children receive adequate education and are covered in cases of an emergency or are looked after in their old age.

· They are helpful to beneficiaries because they often allow them to make their own financial decisions. Beneficiaries can use the assets to cut their expenses, increase their income or pay off debt. They also help prevent creditors from taking a larger share of assets than is fair.

How To Choose the Right Trust

In order to make sure your trust is right for you, it’s important to research your options. There are many kinds of trusts, including the following.

1. Irrevocable

These remain unchanged after they are set up, which means you lose all rights to the assets; you can’t change or terminate the trust at any time throughout your life. However, these trusts protect your assets from creditors, predictors and the government and nursing home costs.

When Are Irrevocable trusts Appropriate?

These are ideal if the assets in your trust need to be protected. You can also establish an irrevocable trust in order to protect the assets from creditors and lawsuits, as well as from possible divorce or probate.

2. Revocable

These are one of the most common types of trusts today. Revocable trusts are subject to change, and you have the legal right to terminate them at any time. You can modify the trust and redistribute assets to beneficiaries as needed, based on the changing needs of your beneficiaries, even without their permission. However, you must have your mental faculties in order to change a trust.

When Are Revocable Trusts Appropriate?

Revocable trusts are usually used for people who own property in more than one state because otherwise, there would be probate in each state where the property is owned. These are most commonly used by people who want to pass assets on to their children but don’t want to have their private matters made public through the probate process.

The idea is that you can adjust the terms of the trust whenever you need to, in accordance with how your beneficiaries are doing financially or what they need. This is useful if you have certain conditions that need to be met by your beneficiaries, such as paying off high-interest debt or paying for college. Changes in a revocable trust will be executed through an amendment which you must also sign.

3. Charitable trusts

Charitable trusts can be irrevocable and can be established for public or private charities. They are designed to give a percentage of the assets to charity and also distribute assets to your beneficiaries after your death.

There are two types of charitable trusts. Charitable lead trusts are the most common, where a charity organization of an individual’s choice gets to receive interest from the trust’s assets for a given period. The other type is charitable remainder trusts, where the charitable organization receives the assets at the end of the term. Charitable trusts are a choice for those with large-sized trusts who want maximum use of their assets.

When Are Charitable Trusts Appropriate?

Charitable trusts are usually recommended to people who want to give away their assets to charity to benefit society and their beneficiaries. They are also beneficial for people who want to see their assets put to good use, especially if they deem their beneficiaries wasteful. However, donations to charities will be taxed.

Since these trusts cannot be changed at any time, it is essential to discuss the terms and conditions of your trust carefully with your lawyer and beneficiaries. Your lawyer can also help you to draft the trust document, so you know what will happen to your assets in the future.

4. Living Trust

A living trust is planned before death, hence the name living. They are mostly used to enhance the efficient transfer of assets to the beneficiaries of the trust. Efficient transfer of assets to the beneficiaries is made possible by the absence of probate or court proceedings for asset distribution after death. This helps save time and fees, thereby reducing estate taxes.

Living trusts are both revocable and  irrevocable and preserve your autonomy while providing financial security for all of your family members, including future generations. As a legal document, a living trust holds all your assets and personal information and provides the framework for your financial arrangements through the years.

When Are Living Trusts Appropriate?

A living trust is suitable for people who want to make things private and easy for their loved ones. These trusts can also be useful for couples who want to provide lasting financial security for their children without involving the state. 

A living trust is beneficial because it allows you to name anyone you want as a beneficiary and set conditions for how that person receives the money or property. For example, you can name your spouse as a beneficiary, and the trust can state that your spouse will not get any of the properties until a certain event has occurred. If your spouse does not meet this condition, the trust can direct that a different person receives the money.Be sure to discuss these with your lawyer to know what is covered in the trust.

What To Do Next

It is imperative to start planning now to mitigate the risk of the unexpected or unknown. It’s never too early! Estate planning is a key part that many people do not consider until it is too late! Mindy Felinton, Elder Law & Estate Planning Attorney, can analyze and develop an estate plan including a trust that meets you and your family’s specific needs. 

The post Which Trust Should I Setup? appeared first on Felinton Elder Law and Estate Planning Centers.

Like most people, you want to mitigate risks and plan for the future as you prepare to enter retirement. You want to know that your loved ones are in good hands should you suffer a debilitating illness or have some significant physical life event. If you are incapacitated, who decides if you’re going to have surgery?

Your medical power of attorney is your legal right to appoint someone to act in your place and as your agent if you cannot make your own medical decisions.

If you have a legally-binding medical power of attorney, then you already know there is no need for any issues when it comes to end-of-life decisions or living wishes. We know it can be hard to think about such sensitive topics as end-of-life care, but planning is important. If you don’t have one, it is high time you got one. Let’s talk about what a medical power of attorney does, how it works, and why it could help set your mind at ease.

What is a Medical Power of Attorney?

A legally-binding power of attorney is a legal document that lets you appoint someone to make medical decisions for you if you can’t do so. The person who has been given power over your affairs has the right to make all decisions about your health care, including filing claims for Medicare, and Medicaid benefits.

They can also cancel any insurance policies that cover you and hire healthcare professionals as needed.

A medical power of attorney also allows appointed parties access to confidential information regarding your health status and medical history to make informed decisions about necessary treatments or procedures.

While this may sound like something only older adults need, it’s important for anyone with serious health issues or chronic conditions to appoint a trusted person to take care of them when they don’t feel able to do so themselves.

Who Should You Name as Your Legally-binding Power of Attorney?

The person you name as your legally-binding power of attorney should be someone who understands your values and wishes. You should discuss your wishes, including what treatments you would or would not want in certain situations. This includes discussions about life-prolonging measures, such as CPR, ventilators, and feeding tubes.

The individual making these healthcare decisions must be willing and able to make those decisions based upon what they believe would be in your best interest if you were capable of doing so yourself. Your agreement will be legally binding, even if you don’t know everything about all possible situations that might arise.

It’s also important to discuss these issues with family members and doctors close to you before naming an agent under a medical power. This will help everyone understand their role appropriately, and there aren’t any misunderstandings later on down the road. Additionally, your doctor may have special insight into what type of care might be appropriate if faced with an emergency requiring quick action.

What Should Your Legally-Binding Power of Attorney Cover?

With a legally-binding power of attorney, you can appoint someone to make decisions for you if you cannot do so yourself. This is a vital document, but as with any legal document, it’s also very easy to misunderstand and misuse.

It is common for people to think about legally-binding power of attorney only when nearing death or in an incapacitated state, but this is not how it works. In fact, many people use this document more frequently than they realize, even if it’s just in their minds—because there are times when we all need someone else to make decisions on our behalf.

Why is It Important to Get a Medical Power of an Attorney?

A legally-binding power of attorney is one of the most important planning documents that you can have in place. Here are some reasons why it’s important to get a legally-binding Medical power of attorney:

To prepare for a major medical procedure

You may need surgery or other treatment that requires someone else to sign off on the consent form. If you don’t have an agent named, or if no one knows where the document is kept, there could be delays while they try to locate the paperwork. If this happens, it could prevent your doctors from helping you out as quickly as possible, especially in an emergency.

Creates peace of mind

A legally-binding Medical power of attorney allows you to give someone you trust—your agent—the right to make medical decisions on your behalf. It lets you have peace of mind knowing that if you cannot make decisions for yourself, someone you trust can step in and help. You can rest easy knowing that if something happens and you cannot make important decisions about your health care, your agent will be able to do so for you. It’s a great way to ensure that your family doesn’t have any additional stress while going through this difficult time.

For privacy

It protects your privacy by preventing others from obtaining information about your health history without your permission. This can prevent them from prying into sensitive issues such as psychiatric treatment or drug use that may be sensitive for personal reasons or because it could impact their ability to obtain insurance coverage or employment in the future.

It guarantees that your preferences will be implemented.

A medical power of attorney ensures that your loved ones know how you want to be treated and what you want for yourself. It can also help your family avoid costly legal fees if they must go to court to fight for your wishes.

When Can You Revoke a Legally-Binding Power of Attorney?

If you change your mind, you can withdraw the legally-binding power of attorney anytime. To do so, you will need to write a letter to the person you named as your medical power of attorney informing them that you no longer want them to act on your behalf. You can also revoke an existing medical power of advocate by signing a new one.

Talk to Your Doctor about Your Goals and Wishes for Care

To prevent your loved one from suffering, it’s important that you have a plan in place before an emergency happens. So talk with your doctor about your goals and wishes for care. Make sure they know what you want to be done if you can’t make decisions on your behalf. Also, make sure they know who has been given the power to make decisions on your behalf if something happens to you.

Tell them if there are any specific instructions or medications they should give while under treatment. This will help save time and improve efficiency during any medical emergency.

A Legally-Binding Power of Attorney Lets You Appoint Someone to Make Medical Decisions for You If You Cannot Do So Yourself

You can appoint anyone you trust to be your health care agent. This person will have the legal authority to make decisions about your medical care if you are unable or unwilling to do so.

If you have a family member or friend who resides nearby, they may be able to help with most situations. However, sometimes, it might be necessary for someone else to step in and make these important life-altering decisions on behalf of the patient, such as when no family is living nearby.

Some people choose a doctor because they know that this person will always be available when needed. Others may choose an attorney specializing in estate planning since they understand the laws surrounding medical powers of an attorney better than most people.

A Medical Power of Attorney is Just the Beginning!

A Medical Power of Attorney is just a component of a proper, well developed and defined estate plan. Your estate plan would include not only medical needs, but also long-term care planning and asset protection. Many think that a will is enough to ensure that their wishes are fulfilled, and unfortunately, that’s just not the case!

Mindy Felinton has over 35 years of experience assisting clients in the Rockville, Maryland, and South Florida areas to draft a Medical Power of Attorney and estate plans. She focuses on ensuring that your plan is customized to you and your family’s needs. To get started, give the firm a call to learn more and find out how Mindy Felinton can bring you peace of mind!

The post You Need a Medical Power of Attorney, Now! appeared first on Felinton Elder Law and Estate Planning Centers.

As a new retiree, a part of your retirement plan should have been an estate plan which includes planning for the unexpected. If you have not had an estate plan created yet, here’s a sample of what you need based upon recommendations from Mindy Felinton, Estate Planning and Elder Law Attorney:

• Comprehensive Financial Power of Attorney
• Comprehensive Medical Directive
• Potentially Establishment of a Trust
• Long-term Care Planning or referred to as Nursing Home Care

The Large Costs for Long-term Care

Many retirees have failed to consider what the cost of receiving Long-term care can involve. Going to a nursing home can easily exceed $12,000 a month and other expenses. Unfortunately, this alone can bankrupt families after a period of time. There are estate planning legal strategies that you can take which can eliminate this cost and protect your assets.

Here’s What Can Happen to Your Family By Not Planning

Mindy has seen countless family feuds that have occurred because a proper plan was not established. Why? Contention over what to do with your assets when you or a family member passes away. A brother may want to take one approach and the sister, another. By planning properly, you can have a comprehensive and  definitive process for your affairs after you pass.

Contact Estate Planning Attorney, Mindy Felinton

Mindy Felinton has been an Estate Planning Attorney for over 35 years who serves clients in the Rockville, Maryland and South Florida areas. You can get in touch with Mindy and her team by calling the phone number on the bottom or top right of this page.

If you’d like to learn more, Mindy has prepared a FREE on-demand internet video training that covers many of these areas discussed in the blog that only takes 20 minutes to watch! Simply click here – https://www.felintonlaw.com/webinar-start/ – to get started.

The post Just Retired? Here’s What You Need to Do Next as a New Retiree appeared first on Felinton Elder Law and Estate Planning Centers.

Mindy Felinton, Elder Law & Estate Planning Attorney, consistently receives a very valid question from her clients, “Why do I need a trust?”. The answer is…. Maybe I do, maybe I don’t! There are several factors to consider in having a Trust which can include:

• Avoiding the enormous cost of Probate (we’re talking about over $25,000!)
• Defined Executor of the Will which will avoid…
• Family feuds and fighting causing legal battles and potential breakup of the family

 
Additionally, when you pass away, a Trust can be distributed automatically and more easily through the terms you have put in place. This can completely reduce those family feuds that can occur which frequently happen! Mindy has seen many instances of brothers and sisters fighting with each other causing unnecessary legal expenses and rifts within relationships.

Contact Mindy Felinton to Establish a Trust

If you are in the Rockville, Maryland or South Florida area, Mindy Felinton, has over 35 years of experience in establishing trusts for her clients. However, there may be instances where a trust may not be appropriate for you and that’s where Mindy’s years of experience is so important. Mindy will work with you to determine your objectives and how she can help you best meet your estate planning goals. There are many advantages to multiple strategies, but the solutions she provides is customized to you and your family.

The post Is a Trust Really Needed? appeared first on Felinton Elder Law and Estate Planning Centers.

There is no such thing as a “cookie-cutter” family. Every family unit is individual and has its own needs, whether you are raising children on your own as a single parent, bringing up someone else’s biological children from a previous relationship, or you are raising yours together with your partner. You could be an unmarried couple, same-sex couple, or any other family across any socio-economic spectrum. No matter how you identify, you will want to ensure that your loved ones are protected after you are gone.

So how are Estate Plans and your paperwork filings different these days?

Estate Planning attorney Mindy Felinton weighs in. She says:

“Some advertising can lead you to believe that creating a Will or a Trust is just a matter of filling in the blanks. These days, families come in all shapes and sizes. If your family does not neatly fit into the “cookie cutter” mold, your Estate Plan should be tailormade to fit your family’s unique needs.” Felinton continues to say that she works with quite a few couples with no children and no close family. She works with unmarried couples of all ages, some with children, and some without.

What it comes down to is that everyone needs a good Estate Plan. For an Estate Plan as special as you are, turn to Felinton Elder Law, where Mindy will listen to how your family works, and will take the time to understand the unique needs for your situation.

Mindy Felinton is the Estate Planning Lawyer who partners with you, who can put all the pieces together to create an Estate Plan that works for you and your family, in just the way you want it to. Avoiding headaches and unanswered questions down the road for your spouse or children and promoting family peace and harmony after you are gone.

The time to plan is now and Mindy Felinton is here for you to make your customized, comprehensive plan for you and your family.

With over 30 years of experience, Attorney Mindy Felinton provides customized Estate Planning services to fit you and your family and will be there to guide you every step of the way. Felinton Elder Law & Estate Planning Centers is located in Maryland and Florida and provides Estate Planning services to families in Rockville, Maryland, Broward, and Palm Beach Counties.

Give Mindy’s team a call at (301) 610-0055 or (561) 290-2179. Mindy has offices both in South Florida as well as in Rockville, Maryland.

The post Why a Customized Estate Plan is Important! appeared first on Felinton Elder Law and Estate Planning Centers.

Did you know that if you do not pre-plan, your estate will go into Probate after you pass on? And while you will not be here to deal with the hassles, your loved ones will. Probate is a complex and complicated legal proceeding where the courts determine how to handle your assets and other affairs after you pass. As you may suspect, the court does not have your best interests in ensuring that your assets get distributed as you would want.

Not only does your estate become a public record with Probate, but anything you wanted to remain private, may not be.

Estate Planning Attorney Mindy Felinton says:

“When it comes to creating an Estate Plan, one factor you might not have considered is privacy. Even if you have a Last Will and Testament, your estate could be settled and distributed in Probate court, which takes a long time, can be very expensive, and everything involved becomes known to the public.”

Felinton advises that you can create trusts, which will eliminate the need for Probate court involvement and efficiently speed up your assets being distributed to those you want. Your family and heirs can take care of everything, and your assets remain your private business. Trusts can include Revocable, Irrevocable, and Testamentary Trusts. Each one comes with its own differences that can help you and your individual needs and situations.

To determine which type of trust can work best for you and your situation, an estate planning attorney can help you decide which type of trust can work best for you.

With over 30 years of experience, attorney Mindy Felinton provides customized estate planning services to fit you and your family and will be there to guide you every step of the way. Felinton Elder Law & Estate Planning Centers  is located in Maryland and Florida and provides estate planning services to families in Rockville, Maryland, Broward, and Palm Beach Counties.

Give Mindy’s team a call at (301) 610-0055 or (561) 290-2179. Mindy has offices both in South Florida as well as in Rockville, Maryland.

The post The Complexity & Impact of Probate Court appeared first on Felinton Elder Law and Estate Planning Centers.

With the tough times we have been going through these days, many people have paused to look towards the future. Within that is the crucial step that many miss, Estate Planning.

So, with that said, you have several options, including a Revocable and/or an Irrevocable Trust. But many people do not know the difference. Do you?

Irrevocable vs. Revocable Trust

Estate Planning Attorney, Mindy Felinton says, “You need to see the big picture and to understand what you want in the present and in the future. A Revocable Trust can be changed over time and is used to avoid the complex Probate process and can protect your privacy, as well as the privacy of your beneficiaries. With an Irrevocable Trust, you avoid Probate, protect your privacy, and also protect your assets from long term care costs, creditors and many other situations.”

Since there are benefits and drawbacks to both, it can be hard to know which type of trust is right for you, so start by determining what works best for you and your family.

Why Choosing a Estate Planning Attorney is the Best Option

Speaking with a qualified Elder Law and Estate Planning Attorney can help you decide upon your best options moving forward.

With over 30 years of experience, Attorney Mindy Felinton provides customized Elder Law and Estate Planning services, to fit you and your family’s needs, and will be there to guide you every step of the way to ensure you have the absolute best possible solution.

Felinton Elder Law & Estate Planning Centers is based in Florida and Maryland. Mindy’s firm provides Elder Law and Estate Planning services to families in Rockville, Maryland, Broward and Palm Beach Counties.

Give Mindy’s team a call at (301) 610-0055 or (561) 290-2179. Mindy has offices both in South Florida as well as in Rockville, Maryland.

The post Comparing Revocable & Irrevocable Trusts appeared first on Felinton Elder Law and Estate Planning Centers.