2019-01-18 21:12
A 29 year old woman in a vegetative state gave birth to a son on December 29, 2018 in Phoenix, Arizona. The woman, who resides in a long-term care facility named Hacienda Healthcare, has bee… Read More
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Learn the latest news & information related to bankruptcy in the State of Florida as well as across the country.
2019-01-17 19:48
Mr. William Ferris is 83 years old and has dementia. He was last seen Wednesday morning, January 16, 2019. The authorities believe he may be driving a beige Honda Odyssey van with the Florid… Read More
2019-01-16 21:00
What is the difference between alzheimer’s disease and dementia? Dementia is a group of symptoms characterized by impairment in at least two or more domains of cognitive function such… Read More
2019-01-03 22:16
The homestead exemption in Florida can protect a home from creditor claims when it meets certain requirements. Pursuant to the Florida constitution in Article X, Section 4(a), real property… Read More
2018-12-26 17:09
While you are spending time reading online about 2018 lists, reviews, and top this and that, Lehn Law, P.A. enjoyed a year end luncheon to wrap up our 2018. We hope you had as good of a 2018… Read More
2018-12-24 18:07
Parents of minor children can be rightfully concerned about who will care for their children if they are not able to do so. It would be expected that if one parent is unable to care for the… Read More
2018-12-20 22:29
Some individuals may designate two personal representatives instead of one in their will. Their intentions may be to not hurt any feelings by only choosing one. But having two personal repre… Read More
2018-12-18 20:10
What happens when a Senior is in need of assistance but not quite ready for a nursing home? In Florida, Medicaid has a program designed for that situation for eligible seniors. The program i… Read More
2018-12-14 17:59
When an individual passes away, much needs to done to settle their affairs, which may include liquidating and distributing assets, paying debts and filing tax returns. The person who is entr… Read More
2018-12-12 16:30
If you have driven on a Florida highway, you may have seen a sign above the road with the words “SILVER ALERT”. It may be followed with the description of a vehicle, an ind… Read More
2018-12-07 09:31
In a previous blog, we discussed the Florida requirement that a will be self proving. A self proving will must, in addition to the will being signed and dated by the testator, the person who… Read More
2018-10-17 19:36
2019 Medicare Parts A & B Premiums and Deductibles On October 12, 2018, the Centers for Medicare & Medicaid Services (CMS) released the 2019 premiums, deductibles, and coinsurance am… Read More
2018-09-04 14:45
Guardianship is a legal matter that is determined by state law. The guardianship process takes place where the potential ward, or person needing a guardian, resides. The Court gives authorit… Read More
2018-08-09 17:40
What is an Elder Law Attorney? The Sarasota Professional Group organization had the opportunity to find out. Attorney Joseph Lehn spoke to the group about how he became an Attorney and what… Read More
2018-08-07 17:39
In a previous blog, we discussed the need for a will to be self-proving. In other words, that the will include an acknowledgment or affidavit by the person whose will it is and two witnesses… Read More
2018-08-02 18:14
When a client comes in to our office and brings a will for probate, they have confidence that it can easily be filed and used in the probate. Unfortunately, that is not always the case. Just… Read More
2018-07-12 18:40
I received a call from a client. She was appointed the guardian of her husband. But a few days later she received an Order Appointing a Court Monitor. She asked, how does this affect my auth… Read More
2018-07-10 13:41
When a client retains our office to draft a Trust, a Trustee must be chosen. But the client may want to know before choosing a person, what will a trustee be responsible for. The person appo… Read More
2018-05-31 16:41
A new study has found that people enrolled in a Medicare Advantage plan were more likely to enter a lower-quality nursing home than were people in traditional Medicare. The study raises ques… Read More
2018-05-30 16:40
Arizona and Florida are the latest states to request a waiver from the requirement that states provide three months of retroactive Medicaid coverage to eligible Medicaid recipients. Med… Read More
2018-05-10 19:10
People are often scared to file bankruptcy due to common misconceptions. They are worried that their credit will be destroyed forever and they will never be able to buy anything again. The t… Read More
2018-05-08 18:56
Considering whether a loved one may need to be moved to a nursing home may cause much anxiety. Are you making the right decision? We know we cannot take care of them ourselves, but have hear… Read More
2018-05-04 20:19
A man was arrested on charges of elderly exploitation. Exploitation of who? His own parents. The elderly couple, William and Janet Powers, were in their early 70s when they hired an attorney… Read More
2018-05-02 19:49
Your elderly parents are in need of a nursing home. The average cost for a nursing home in Florida is $8,346.00. Unless your parents have insurance which will cover this expense, this is usu… Read More
2018-04-30 19:36
The State of Florida Medicaid is a program based on financial and medical requirements. An important part of the Medicaid application process is a program called CARES. CARES is a Florida pr… Read More
2018-04-27 20:42
We all know that estate planning documents are an important part of our financial and long term planning. Whether we are young or old, having the right documents can give us peace of mind. C… Read More
2018-04-25 20:21
All bankruptcy options are the same. No, not at all. The fact is that bankruptcy law includes 4 types of bankruptcy: Chapter 7, Chapter 11, Chapter 12 and Chapter 13. When you file bankruptc… Read More
2018-04-23 19:09
You get a knock on the door. When you answer, it is someone standing there holding a large stack of paper. You are being served with a lawsuit. Now what? First, let’s talk about why yo… Read More
2018-04-21 14:44
We have all heard of the terrible disease that affects so many of today’s elderly: dementia. Some of us have even cared for a loved one who received the diagnosis. What does someone wi… Read More
2018-04-19 14:16
Do it yourself (or “DIY”) is becoming more popular every day. There is a DIY for almost everything from household products to legal documents. DIY wills offer a cheaper alternati… Read More
2018-04-17 14:16
It’s Mediation, not to be confused with meditation. A lot of people wish they could meditate their problems away……I digress…Mediation is a procedure where the part… Read More
2018-04-14 15:02
Maybe you knew the day would come. Or maybe you were surprised to find out when you read the Will. Perhaps someone else read the Will and then informed you. Whatever the case, it is YOUR nam… Read More
2018-04-12 14:41
A Power of Attorney, often referred to as a POA, is a legal document. It designates a specific person to manage your financial affairs. The person(s) you designate is called an agent. If due… Read More
2018-04-10 14:41
You are overwhelmed and financial stressed by credit card and other debt. You are considering bankruptcy but nervous about how it will affect you in the future. The decision to file bankrupt… Read More
2018-04-07 19:23
News reports of nursing homes neglect or abuse are disconcerting. How can you avoid this fate for your loved ones? What should you look for when choosing an assisted living facility fo… Read More
2018-04-05 19:15
It is important to know that once your bankruptcy petition is filed, mounds and mounds of fear, anxiety, depression and worry will leave you. And it IS possible to repair your cr… Read More
2018-04-03 19:15
The Court has granted you authority to oversee the administration of an estate. The Judge has signed the Letters of Administration appointing you as personal representative. There is potenti… Read More
2018-03-18 13:26
Old age brings many casualties – reason, clarity, sanity, and independence, among others. When you observe your elderly loved one struggling to care for their needs, health, or finance… Read More
2018-03-16 13:21
Having a child is a joyful occasion. But when your child is born with a disability, along with joy comes concern for the future. The parents care for all of their child’s needs and wan… Read More
2018-03-14 13:21
Dear Attorney Lehn, I really need your help. My daughter was sick and I had to take an unpaid leave from my job and I fell behind on my mortgage. A foreclosure was filed against me. I am wor… Read More
2018-03-08 19:18
When a person dies their debt passes, NOT to their heirs, but to the ESTATE created at the person’s death. An estate is comprised of all of that person’s money and assets. There… Read More
2018-03-05 20:06
In a previous blog, I talked about contesting a Will. I mentioned how unlikely it is for someone to win the lawsuit when they are challenging a Will. In many cases, someone would try to chal… Read More
2018-03-02 19:57
It has been the law in Florida for many years that Florida judges must make every effort to respect the wishes of the person who has passed away and whose property is being probated. As expl… Read More
2018-02-28 19:38
Do you feel like you are living paycheck to paycheck and you are running out of money at the end of each month? Are all of your credit cards maxed out? Are you in a mountain of debt? Many pe… Read More
2018-02-26 19:38
Being served with a foreclosure lawsuit is one of the most stressful things that a homeowner can face. You have worked to obtain financing to purchase your home and to make your mortgage pay… Read More
2018-02-23 20:29
Especially as people age, it is common for them to have estate planning done by an attorney that includes a Power of Attorney. A Power of Attorney authorizes someone to manage your affairs… Read More
2018-02-21 20:10
You have many assets to leave to your heirs and your wishes as to how they will be distributed are all written in your will. Many people think that it’s just that simple; you have a Wi… Read More
2018-02-19 20:10
As you may know, even if you are married it is possible for you to file bankruptcy without your spouse filing as well. But how would your bankruptcy affect your spouse? That question is very… Read More
2018-02-17 19:24
David’s father passed away recently. He wants to open a probate to distribute his father’s assets. However, he read online that he needs a will to initiate the probate.&nbs&hell…Read More
2018-02-15 19:23
People don’t plan to fail, they fail to plan. As we age, things happen, life happens, sometimes terrible things happen. Be prepared. Here are a few estate planning blunders to avoid: F… Read More
2018-02-12 20:48
It can be overwhelming when someone you care about needs long term care. There is so much material and information online about long term care. The internet can make everything look so simpl… Read More
2018-02-09 04:29
What if there is no will? Who gets what and how much? Florida residents can find the answers in Florida Statute Chapter 732. The Probate Code has a section for intestate succession and wills… Read More
2018-02-07 22:29
You’ve seen the signs that your elderly loved one can no longer care for themselves and, after a consultation with an elder law attorney, you decide to file a guardianship. A guardians… Read More
2018-02-06 19:02
Can a court appointed guardian change the Ward’s will? A guardian has a legal, or fiduciary duty, to act in the best interest of the Ward. A Ward has already been deemed to have limite… Read More
2018-02-01 21:35
There are many advantages to being a snowbird. You get to live in 2 different states or countries (if you’re from Canada.) You can avoid the harsh northern winters AND the sweltering h… Read More
2018-01-31 14:49
I recently received the following email from a client: “Attorney Lehn, my father had a stroke and is in the hospital. The doctor says that he will now need long term care. The social w… Read More
2017-12-21 20:37
When the Assets of an Estate Include a Safe Deposit Box When the renter of a safe deposit box passes away, how do you gain access to the box? Before we answer that question, warning, even if… Read More
2017-12-07 19:58
IS BAKER ACT THE RIGHT CHOICE? When you have a loved one that may be a danger to themselves or others time is of the essence. The Florida Mental Health Act allows you to take steps to protec… Read More
2017-12-01 15:55
You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded, transferring the home to your children is usually no… Read More
2017-11-29 21:04
When someone passes away does their debt die with them? Not necessarily. But first things first, in order to protect the credit of the deceased person from fraud, you will want to notify the… Read More
2017-11-01 17:20
Wealthy Pets? Yes there are cats and dogs out there with more money than you. This summer it was reported in the New York Post, USA Today and other news outlets that a Bronx widow, El… Read More
2017-10-31 17:16
Guardianship and Powers of Attorney As people age, it is very common for them to have their Estate Planning done by an attorney. Most people make it a priority when aging to make sure they h… Read More
2017-10-30 17:08
What are your responsibilities as guardian? Generally the duties of being a guardian are to oversee the welfare and safety of the person under guardianship, and to attend to the financial ne… Read More
2017-10-26 18:24
There was a new story regarding a nursing home facility in the area where 3 employees violated protocol by not administering CPR to an 85-year-old resident. The resident allegedly did not ha… Read More
2017-10-23 15:55
What does a Qualified Income Trust do? Applying for Medicaid can be tricky and is best done by a professional. The average monthly cost for a skilled nursing facility is $8944.00 per… Read More
2017-10-17 18:25
Many children and loved ones are hundreds of miles away and do not see their loved one very often.Well, that happened to one of my clients. Entrusting the care of your elderly loved one… Read More
2017-10-06 19:55
341 meeting Today we are going to talk about Bankruptcy 101: The dreaded 341 meeting. What does this even mean? First of all, the 341 meeting is a statutory meeting required in the bankruptc… Read More
2017-10-05 19:49
Nursing Home and Assisted Living Criteria The Rehabilitation Center at Hollywood Hills has drawn lots of bad press and rightfully so. Many of people are asking themselves the question, how s… Read More
2017-09-28 15:48
Save the Legacy The Doctor says that it’s that time, the time when the tables have turned and instead of mom and dad taking care of you, they need you to take care of them. Talk… Read More
2017-09-26 15:53
What is the Florida Medicaid Waiver Program?
Medicaid is an entitlement program, run by the state and funded by the federal government. Now, in order to qualify for Medicaid, there are two… Read More
2017-09-25 19:25
The Bankruptcy Option
How to know if you’re heading towards going bankrupt:
Let’s be honest here. Most of us don’t make nearly enough money in one month to be able to affor… Read More
2017-09-21 14:15
After filing bankruptcy so many clients still feel worried and scared. Why?
They can be sure that a qualified bankruptcy lawyer would do everything he or she can to put them at ease&h&hell…Read More
2017-09-19 14:27
My Aunt Irma has now outstayed her welcome, as with any guest of her stature we of course spent days preparing for her arrival. We gathered all the family and spent quality time tellin… Read More
2017-07-25 18:14
Those who know Attorney Lehn know him to be a hard-working and compassionate attorney who is always looking out for the best interest of his clients. But we invite you to get to know him a l… Read More
2017-07-17 17:29
If you are considering filing bankruptcy, I suggest you read carefully.
#1 DON’T give up your retirement account unnecessarily
Some people considering bankruptcy liquidate retire… Read More
2017-06-22 16:03
Many people are confused when it comes to estate planning. Are you one of them? Have you ever wondered, do I need a will, do I need a trust and even more importantly what is the differ… Read More
2017-06-07 00:08
Even if you’ve created an estate plan, are you sure you included everything you need to? There are certain provisions that people often forget to put in in a will or estate plan that c… Read More
2017-06-07 00:03
Immediate annuities can be a useful tool to protect the spouse of a nursing home resident who applies for Medicaid. These types of annuities allow the nursing home resident to spend down ass… Read More
2017-06-02 20:38
Assisted Living
Life is a fragile thing. It can be incredibly difficult taking care of a loved one and often times, we will require help. Assisted living communities are a huge h… Read More
2017-05-25 17:02
New Obama-era rules designed to give nursing home residents more control of their care are gradually going into effect. The rules give residents more options regarding meals and visitation a… Read More
2017-05-23 16:11
Considering Bankruptcy? Don’t make a critical mistake before you even get started Obviously, most people considering bankruptcy are facing very tough financial times. Difficult circums… Read More
2017-05-22 17:58
Financial abuse and material exploitation of the elderly may not cause physical injuries or leave scars, but it can have devastating effects and ruin the lives of victims. Financial elder ab… Read More
2017-05-19 10:43
Ooops I did it again…..Need to file another bankruptcy?
You’ve had your fresh start, but now, you need another one. Despite your planning, saving and other efforts there are thi… Read More
2017-05-18 09:25
HOW TO TRANSFER A MOTOR VEHICLE THAT YOU INHERITED
You have been informed that you inherited a motor vehicle. Now what?
There are some documents you may need to obtain.
Complete Applicati… Read More
2017-05-17 14:06
Watch that next Tweet
Is social media ruining your life? The answer to this question may very well be yes. Is Facebook causing jealousy issues in your relationship? What ab… Read More
2017-05-16 14:30
The Five Components of a Good Estate Plan
Many people believe that if they have a will, their estate planning is complete, but there is much more to a solid estate plan. A good plan should b… Read More
2017-05-14 22:19
Your Mother may have left you a greater legacy that what she may have included in her Will, in return would you care for her and ensure that she is provided for? What if mom could no lo… Read More
2016-07-27 06:51
Making the decision to place an elderly loved one in a nursing home when you can no longer adequately care for them can be a heartbreaking and difficult choice. However, it’s importan… Read More
2016-07-21 06:51
If you are overwhelmed with debt, you’re in the same boat as hundreds of thousands of Florida residents. Today’s challenging economy and unexpected expenses like hospital bills… Read More
2016-05-11 06:51
It is commonly assumed that tax debts are not dischargable under bankruptcy laws, and generally speaking, this is true. However, there are some circumstances in which a tax debt may be disc… Read More
2016-01-12 06:51
Medicaid planning is a crucial part of preparing for your elderly loved one to enter a nursing home. Many people mistakenly believe that in order to qualify for Medicaid-provided nursi… Read More
2015-12-09 06:51
Creating a will is one of the most important things you can do to protect your loved ones after you pass away. However, many people overlook some critical things that should never be left o… Read More
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