The Florida Bar

Florida Bar Journal

The Florida Bar Journal

Elder Law

Exempt Property Under the Florida Probate Code: 2009 Amendments to F.S. §732.402 and Statutory Exemptions

Elder Law
In Florida, there is constitutional exempt property and statutory exempt property under the Florida Probate Code. Both exemptions provide protection...

Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust

Elder Law
In probate litigation, parties might contest the validity of a will or trust by arguing that the decedent was unduly...

Q & A: Introduction to the State of Florida Public Guardianship Pooled Special Needs Trust

Elder Law
A new quasi-governmental pooled special needs trust provides a safer and more transparent solution for disabled persons to set aside...

Claims of Exploitation of the Elderly in the Sale of Financial Products

Elder Law
A new wave of litigation sweeping across our nation involves the sale of financial products, particularly annuities,1 that are sold...

Poor on Paper: An Overview of the Ethics and Morality of Medicaid Planning

Elder Law
Scenario 1: Judy worked as a schoolteacher since the age of 22. She scrimped and saved her entire life and...

The Medicaid Institutionalized Care Program, the Simple Estate Plan, and the Elective Share: Why the Qualified Special Needs Trust Was Born

Elder Law
The Florida Legislature enacted sweeping reforms to the elective share statute in 1999.1 The new law provides a surviving spouse...

Total Return Trusts: Why Didn’t We Think of That?

Elder Law
The total return trust is an idea whose time has come. With the arrival of the Prudent Investor Rule1 and...

My Basement Is Filled with Pornography!

Elder Law
I f any rule requires careful study by attorneys practicing elder law, ABA Model Rule 1.14 is such a rule....

The Elderly and Patient Dumping

Elder Law
Although patients in “right to refuse medical treatment” cases have trouble terminating their medical care, many persons have difficulty obtaining...

Increasing the Community Spouse Income Allowance Through Judicial Process: What Standard Applies?

Elder Law
The community spouse of a Medicaid recipient, specifically a recipient of the Insti- tutionalized Care Benefit Program, is entitled to...