Feldman Jay

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Wills, Trusts & Estate Planning Attorneys, Attorneys, Elder Law Attorneys

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Map & DirectionsDirections8333 W Mcnab Rd Ste 228Tamarac, FL 33321 Write a ReviewWrite Review

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Feldman Jay

Guardianship
Suppose, due to illness or injury, you are unable to make decisions about your medical care, finances, or legal affairs. Who makes those decisions for you? You may be thinking, “I’m married. My spouse would handle that,” or, “my children could decide for me.” Unfortunately, without making clear designations, those closest to you may not have legal authority to carry out your wishes. Every adult should therefore have a set of written “advance directives.” Without them, a guardianship proceeding must be initiated, and a judge will decide who makes decisions for you. Guardianships are very costly, stressful for your loved ones, and often humiliating for you.

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Extra Phones: Phone: (954) 722-8814
Categories: Wills, Trusts & Estate Planning Attorneys, Attorneys, Elder Law Attorneys, Estate Planning, Probate, & Living Trusts, Family Law Attorneys, General Practice Attorneys, Real Estate Attorneys, Tax Attorneys

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Phone: (954) 720-8677

Address: 8333 W Mcnab Rd Ste 228, Tamarac, FL 33321

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Feldman Jay

Guardianship
Suppose, due to illness or injury, you are unable to make decisions about your medical care, finances, or legal affairs. Who makes those decisions for you? You may be thinking, “I’m married. My spouse would handle that,” or, “my children could decide for me.” Unfortunately, without making clear designations, those closest to you may not have legal authority to carry out your wishes. Every adult should therefore have a set of written “advance directives.” Without them, a guardianship proceeding must be initiated, and a judge will decide who makes decisions for you. Guardianships are very costly, stressful for your loved ones, and often humiliating for you.

Wrongful Death
A person may pass away under circumstances that require opening a probate proceeding to handle wrongful death or other claims on behalf of the deceased person's estate.

Real Estate Litigation
Depending upon the circumstances of each transaction, closings may or may not take place as scheduled. Obtaining lien searches, estoppel letters, court documents, and other necessary components to certain closings may be delayed. We are preparing coronavirus-related addenda as necessary for all real estate matters. New contracts and negotiations between buyers and sellers should similarly take into account these potential delays.

Medicaid Planning
There are two types of Medicaid planning: longterm care planning and crisis planning. Longterm care planning is appropriate when there is no immediate need for Medicaid benefits. A plan may then be implemented with the goal of preserving assets and qualifying the client for benefits in the future, when needed. Crisis planning is required when benefits must be obtained immediately, such as when a client faces imminent placement in an ALF or skilled nursing facility. The goal is then to qualify the client for Medicaid quickly while preserving as much of the client's available assets as possible.

Trusts and Estates

Estate Planning
Feldman & Feldman, P.A. is a boutique law firm serving the South Florida community. We practice exclusively in the areas of elder law, special needs law, estate planning and probate, and real estate.
Wills
Surprisingly, even those without a Last Will and Testament have an “estate plan.” Should we die without a will (termed “intestacy”) state law determines who receives our property (usually a spouse and minor children, in specific amounts, then adult children, etc.). Of course, there are very good reasons to have a will, not least of which is determining for yourself how your assets will be distributed and to whom, rather than leaving the decision to the state.
Trusts
Special needs trusts (sometimes called “supplements needs trusts” or “SNTs”) are a type of trust that allow the beneficiary to continue receiving public benefits, such as SSI or Medicaid, while also benefiting from the funds held by the trust. SNTs may be established in a number of ways, and that affects how the funds may be used and what happens to the funds upon the beneficiary’s death (or if they are no longer in need of public benefits). Common types of special needs trusts include...
Power of Attorney
Implement the planning option(s) selected by the client. This may require the attorney to prepare one or more trusts, a power of attorney, deeds, and other legal instruments; or it may require overseeing proper implementation of gift transfers, loan arrangements, or other strategies. Again, every client’s situation is unique, and there is no “one size fits all” solution. When appropriate, the elder law attorney will oversee submission of a Medicaid application. The attorney will coordinate their efforts with the client’s treating physician, the care facility, and other professionals (such as geriatric care managers, accountants, and financial planners) to see that the application process runs smoothly and benefits may be approved as quickly as possible.
Probate

Tax Law
The nature of elder law requires that practitioners be well-versed in a number of practice areas: estate planning, Medicare, Medicaid and VA benefits, Social Security, probate, and guardianship. A working knowledge of other areas of practice, such as family law and tax law, is also essential. Other fields of legal practice often implicate elder law-related issues (such as when litigation settlements or recoveries may affect eligibility for public benefits) and non-elder law attorneys should refer their clients to an elder law specialist for further assistance, when appropriate.

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