Deerfield Employment Law Firm

What Is a Family Trust and How Does It Work?

Thu, 23 Jul 2026 14:11:23 GMT

What Is a Family Trust and How Does It Work?

Planning for the future involves more than simply writing a will. Many Florida families use trusts as part of a comprehensive estate plan to protect assets, simplify the transfer of property, and provide for loved ones. A family trust is one of the most common estate planning tools because it offers flexibility, privacy, and greater control over how assets are managed and distributed.

At Life Planning Law Firm, P.A. , we provide estate planning guidance to individuals and families throughout Florida. Whether you are planning for your children's future, protecting family assets, or seeking to avoid probate , understanding how a family trust works can help you make informed decisions.

What Is a Family Trust?

A family trust is a legal arrangement that allows one person, known as the grantor or settlor, to transfer assets into a trust for the benefit of designated beneficiaries. A trustee is responsible for managing the trust according to the terms established in the trust document.

Assets commonly placed in a family trust include:

Real estate
Bank accounts
Investment accounts
Business interests
Personal property
Valuable collections

The trust outlines when and how beneficiaries will receive these assets, allowing the grantor to maintain greater control over their estate.

How Does a Family Trust Work?

The process generally follows several key steps:

Creating the Trust

An attorney prepares a trust agreement that identifies:

The grantor
The trustee
The beneficiaries
The rules governing the trust
Instructions for managing and distributing assets

Funding the Trust

After the trust is created, assets must be transferred into it. This step is essential because property that is not transferred into the trust may still be subject to probate.

Managing the Trust

In many revocable living trusts, the grantor serves as the trustee during their lifetime, maintaining full control over the assets. A successor trustee is named to take over if the grantor becomes incapacitated or passes away.

Distributing Assets

When the grantor dies—or according to any timeline established in the trust—the trustee distributes assets to beneficiaries following the trust's instructions.

Types of Family Trusts

Several types of trusts may benefit Florida families depending on their goals.

Revocable Living Trust

A revocable trust allows the grantor to modify or revoke the trust during their lifetime. This is one of the most popular estate planning tools because it provides flexibility while helping avoid probate.

Irrevocable Trust

Once established, an irrevocable trust generally cannot be changed without meeting certain legal requirements. These trusts may offer additional asset protection and tax planning benefits in appropriate situations.

Testamentary Trust

A testamentary trust is created through a will and becomes effective after the grantor's death. Unlike living trusts, testamentary trusts typically go through probate before becoming operational.

Benefits of a Family Trust

A properly drafted family trust can provide several important advantages.

Avoiding Probate

One of the primary reasons people establish living trusts is to allow trust assets to transfer directly to beneficiaries without going through Florida probate.

Maintaining Privacy

Unlike probate proceedings, which become part of the public record, trust administration generally remains private.

Planning for Incapacity

If the grantor becomes unable to manage their affairs, the successor trustee can step in and continue managing trust assets without requiring court intervention.

Protecting Young Beneficiaries

Parents often use trusts to delay distributions until children reach a certain age or milestone, helping ensure responsible financial management.

Providing Flexibility

Trusts can include detailed instructions for distributing assets over time rather than providing a lump-sum inheritance.

Do You Still Need a Will?

Yes. Even if you establish a family trust, you should still have a will. Many estate plans include a "pour-over will," which directs any assets not transferred into the trust during the grantor's lifetime to be placed into the trust after death.

A comprehensive estate plan often includes:

A will
A family trust
Durable powers of attorney
Healthcare directives
Beneficiary designations

These documents work together to address various legal and financial situations.

Who Should Consider a Family Trust?

A family trust may be appropriate for many individuals, including those who:

Own a home or multiple properties
Have young children
Wish to avoid probate
Want to maintain privacy
Own a business
Have blended families
Want greater control over how assets are distributed

Every family's circumstances are unique, making individualized estate planning especially important.

Common Misconceptions About Family Trusts

Several myths prevent people from considering trusts.

Some believe trusts are only for wealthy individuals, but many middle-income families benefit from them. Others assume that creating a trust automatically transfers all assets into it, when funding the trust is actually a separate and necessary step.

Another common misconception is that trusts eliminate the need for other estate planning documents, which is generally not the case.

Understanding these distinctions can help families create a more complete estate plan.

Work With a Florida Estate Planning Attorney

Creating a family trust involves important legal and financial decisions. Proper drafting, funding, and ongoing review help ensure that the trust reflects your wishes and complies with Florida law.

At Life Planning Law Firm, P.A. , we help individuals and families throughout Florida develop estate plans tailored to their unique goals. Whether you are considering a family trust for the first time or updating an existing estate plan, legal guidance can help protect your assets and provide peace of mind for the future.

Estate Planning for Retirees in Florida: What Changes After 65?

Sat, 27 Jun 2026 20:18:06 GMT

Estate Planning for Retirees in Florida: What Changes After 65?

Retirement is an exciting stage of life, but it also brings important legal and financial decisions. Once you reach age 65, your priorities often shift from building wealth to protecting your assets, preserving your independence, and ensuring your wishes are carried out. Estate planning is one of the most effective ways to prepare for these changes.

Whether you are recently retired or have been enjoying retirement for years, reviewing your estate plan can help you avoid unnecessary legal complications for yourself and your loved ones. At Life Planning Law Firm , we provide legal assistance to individuals and families throughout Florida who want to create or update comprehensive estate plans.

Why Estate Planning Becomes More Important After 65

Many retirees assume that once they have created a will, their estate planning is complete. However, major life changes often occur after age 65, including retirement, health concerns, changes in family relationships, and evolving financial circumstances.

An updated estate plan helps ensure that:

Your assets are distributed according to your wishes.
Someone you trust can manage your finances if you become incapacitated.
Healthcare decisions can be made according to your preferences.
Your loved ones experience fewer legal complications after your passing.

Regular reviews help keep your documents aligned with your current situation.

Review and Update Your Will

A will remains one of the foundations of any estate plan. If your will was created many years ago, it may no longer reflect your current wishes.

You may need to update your will after:

Retirement
The birth of grandchildren
The death of a beneficiary or executor
Divorce or remarriage
Significant changes in your assets

Keeping your will current helps ensure your estate is distributed according to your intentions.

Consider Creating or Updating a Revocable Living Trust

Many Florida retirees choose to establish a revocable living trust as part of their estate plan.

A living trust may:

Help avoid probate for assets placed in the trust
Provide privacy regarding asset distribution
Allow for easier management if you become incapacitated
Simplify the transfer of assets to beneficiaries

Whether a trust is appropriate depends on your financial situation, family circumstances, and estate planning goals.

Prepare Durable Powers of Attorney

A durable power of attorney allows someone you trust to manage financial matters if you cannot do so yourself.

Without this document, your loved ones may need to seek court approval before handling certain financial responsibilities.

A durable power of attorney can authorize an agent to:

Pay bills
Manage investments
Handle banking transactions
Conduct real estate transactions
Communicate with financial institutions

Choosing the right person for this role is an important decision.

Create Healthcare Planning Documents

As people age, healthcare planning becomes increasingly important.

Florida retirees should consider documents such as:

Designation of Health Care Surrogate
Living Will
HIPAA Authorization

These documents help ensure your medical wishes are respected and allow trusted individuals to communicate with healthcare providers when necessary.

Review Beneficiary Designations

Some assets transfer directly to beneficiaries rather than through a will.

These may include:

Retirement accounts
Life insurance policies
Payable-on-death bank accounts
Transfer-on-death investment accounts

Beneficiary designations should be reviewed regularly because outdated information can lead to unintended results.

Plan for Long-Term Care

Long-term care expenses can significantly impact retirement savings.

Estate planning after 65 often includes discussions about:

Long-term care planning
Asset protection strategies
Medicaid planning when appropriate
Preserving assets for family members

Planning before a healthcare crisis provides more options than waiting until care becomes necessary.

Minimize Probate Issues

Although probate is sometimes unavoidable, proper estate planning may reduce delays and expenses for surviving family members.

Strategies may include:

Creating a living trust
Properly titling assets
Reviewing jointly owned property
Updating beneficiary designations

An attorney can recommend strategies that fit your individual circumstances.

Review Your Estate Plan Regularly

Estate planning should not be treated as a one-time task.

Experts often recommend reviewing your estate plan after:

Retirement
Significant financial changes
Marriage or divorce
Birth of grandchildren
Death of a family member
Changes in Florida law

Regular reviews help ensure your documents continue to reflect your goals.

Work with a Florida Estate Planning Attorney

Estate planning after age 65 involves more than preparing legal documents. It requires evaluating your current financial situation, healthcare preferences, family relationships, and long-term goals.

At Life Planning Law Firm , we provide legal assistance to individuals and families throughout Florida who want to protect their assets and prepare for the future. Whether you need to create your first estate plan or update an existing one, experienced legal guidance can help you make informed decisions with confidence.

Legal Grounds for Contesting a Will in Florida

Thu, 23 Apr 2026 17:24:29 GMT

Legal Grounds for Contesting a Will in Florida

When a loved one passes away, their will is typically intended to provide clear instructions on how their estate should be distributed. However, there are situations where a will may not accurately reflect the decedent’s true wishes or may have been created under questionable circumstances. In Florida, certain legal grounds allow interested parties to challenge the validity of a will. At Life Planning Law Firm, P.A., we provide guidance to the Sarasota County public on how will contests work and when they may be appropriate.

What Does It Mean to Contest a Will?

Contesting a will involves formally challenging its validity in probate court. This process is not simply about disagreeing with the contents of the will—it requires a legal basis supported by evidence. Only individuals with legal standing, such as beneficiaries or heirs, may bring a challenge.

Lack of Testamentary Capacity

One of the most common grounds for contesting a will is lack of testamentary capacity. In Florida, the person creating the will (the testator) must understand the nature of their assets, recognize the natural beneficiaries of their estate, and comprehend the effect of signing the will.

If the testator suffered from dementia, mental illness, or another condition that impaired their decision-making ability at the time the will was signed, the document may be challenged.

Undue Influence

Undue influence occurs when someone exerts excessive pressure on the testator, effectively overriding their free will. This often involves a person in a position of trust, such as a caregiver or family member, who manipulates the testator into making changes that benefit them.

Courts in Florida will look at factors such as dependency, isolation, and suspicious changes in the will when evaluating claims of undue influence.

Fraud or Misrepresentation

A will may also be contested if it was created based on fraud. This can happen if the testator was deceived into signing the will or misled about its contents. For example, if someone lies about the nature of the document or provides false information that influences the testator’s decisions, the will’s validity may be questioned.

Improper Execution

Florida law requires that wills meet specific formalities to be valid. Generally, a will must be in writing, signed by the testator, and witnessed by two individuals. If these requirements are not met, the will may be declared invalid.

Even small procedural errors can lead to significant legal disputes, making proper execution critical.

Forgery or Alteration

If there is evidence that a will was forged or altered after it was signed, this can serve as grounds for contesting the document. Handwriting analysis, witness testimony, and other forms of evidence may be used to prove that the will is not authentic.

Revocation of a Prior Will

A will contest may arise if there is a dispute over whether a newer will revoked a prior version. If questions exist about the validity of a later will, interested parties may seek to have an earlier version reinstated.

The Importance of Acting Quickly

Florida law imposes strict deadlines for contesting a will. In many cases, challenges must be filed within a limited time after receiving notice of the probate proceedings. Failing to act within this timeframe may prevent you from raising your claim.

How Legal Guidance Can Help

Contesting a will can be complex and emotionally charged. It often involves gathering evidence, working with experts, and navigating probate court procedures. Having knowledgeable legal guidance can help you evaluate whether you have valid grounds and protect your interests throughout the process.

At Life Planning Law Firm, P.A., we assist individuals in Sarasota County with will disputes and probate matters. Whether you are considering contesting a will or defending its validity, understanding your legal options is an important first step.

Estate Planning for High Net Worth Individuals in Florida

Thu, 23 Apr 2026 17:16:30 GMT

Estate Planning for High Net Worth Individuals in Florida

Estate planning is essential for anyone who wants to protect their assets and provide for their loved ones, but it becomes even more critical for high net worth individuals. With larger and more complex estates, thoughtful planning is necessary to preserve wealth, minimize taxes, and ensure your wishes are carried out effectively. In Florida, where laws and tax considerations can impact estate distribution, working with a knowledgeable legal team can make a meaningful difference. At Life Planning Law Firm, P.A., we can provide legal assistance to the Sarasota County public in creating comprehensive estate plans tailored to their unique needs.

Understanding the Complexity of High Net Worth Estates

High net worth estates often include a variety of assets such as real estate holdings, investment portfolios, business interests, retirement accounts, and valuable personal property. These diverse assets require careful coordination to ensure they are properly titled, protected, and transferred according to your wishes. Without a well-structured plan, your estate may face delays, disputes, or unnecessary tax burdens.

Minimizing Estate and Tax Liabilities

Although Florida does not impose a state estate tax, federal estate taxes may still apply to high-value estates. Strategic planning can help reduce these liabilities. Techniques such as gifting strategies, irrevocable trusts, and charitable planning can help preserve wealth for future generations while remaining compliant with federal laws. Proper planning ensures that more of your assets go to your beneficiaries rather than being lost to taxes.

Utilizing Trusts for Asset Protection

Trusts are a cornerstone of estate planning for individuals with significant assets. Revocable living trusts allow for efficient asset management during your lifetime and help avoid probate upon your passing. Irrevocable trusts can provide additional benefits, including asset protection and tax advantages. Certain types of trusts can also shield assets from creditors or help provide for beneficiaries with specific needs.

Planning for Business Succession

If you own a business, succession planning is a key component of your estate plan. Without a clear strategy, your business could face uncertainty or even dissolution. A well-prepared succession plan outlines who will take over management and ownership, helping ensure continuity and stability. This may involve buy-sell agreements, family succession plans, or transferring ownership through trusts.

Protecting Your Legacy and Beneficiaries

Estate planning is not just about distributing wealth—it is also about protecting your legacy and ensuring your loved ones are cared for. This includes naming guardians for minor children, establishing trusts for beneficiaries who may not be ready to manage large inheritances, and clearly outlining your intentions to avoid family disputes.

Keeping Your Estate Plan Updated

Life changes such as marriage, divorce, the birth of children, or significant financial growth can all impact your estate plan.

Regular reviews are essential to ensure your documents reflect your current wishes and financial situation. Florida laws may also change over time, making periodic updates an important part of maintaining an effective plan.

How Legal Guidance Can Help

Estate planning for high net worth individuals requires careful attention to detail and a deep understanding of both state and federal laws. An experienced attorney can help you evaluate your assets, identify potential risks, and develop a customized plan that aligns with your goals. At Life Planning Law Firm, P.A., we assist Sarasota County residents in building estate plans designed to protect their wealth and provide peace of mind.

The Cost of Long-Term Care: Are You Prepared?

Wed, 11 Mar 2026 12:11:00 GMT

The Cost of Long-Term Care: Are You Prepared?

Many families are surprised when they learn how expensive long-term care can be. Whether care is needed due to aging, illness, or an unexpected medical event, the financial impact can be significant if you are not prepared.

According to current estimates, just one year of care can cost tens of thousands of dollars . Assisted living may average around $42,000 per year, while skilled nursing care can exceed $90,000 annually. For those who require extensive in-home support, costs may climb even higher.

These expenses often catch families off guard. Many people assume Medicare will cover long-term care, but in reality, Medicare coverage is limited and typically does not pay for extended custodial care in assisted living or nursing homes. As a result, families often end up paying out-of-pocket unless they have planned ahead.

Why Planning Matters

Without proper planning, long-term care costs can quickly drain savings, retirement accounts, and other assets meant for your family. Taking steps now can help you:

Protect your assets
Maintain more control over your care options
Reduce financial stress on your loved ones
Prepare for unexpected medical needs

Estate planning tools such as living trusts, powers of attorney, and long-term care planning strategies can help create a plan that protects both your finances and your family.

Planning Ahead in Sarasota and North Port

At Life Planning Law Firm, P.A. , we work with individuals and families throughout Sarasota, North Port, and surrounding communities to help them prepare for the financial realities of aging and long-term care.

Planning ahead today can make a significant difference tomorrow. If you want to better understand your options and create a plan that protects your future, it may be time to speak with an experienced estate planning and elder law attorney.

Schedule a Consultation

If you have questions about long-term care planning or protecting your assets, contact Life Planning Law Firm, P.A. to learn more about your options by calling 941-300-4136 .

10 Signs That Families Need Help

Tue, 10 Mar 2026 23:22:41 GMT

10 Signs that Families Need Help

Caring for an aging parent or family member can be rewarding, but it can also become overwhelming. Many families don’t realize they need support until a crisis happens. Recognizing the early signs that help may be needed can prevent stress, burnout, and unsafe situations.

Here are ten common signs that your family may benefit from professional guidance or additional care support.

The primary caregiver is suffering from burnout, ill health, frustration, guilt or confusion.
Family members are confused about care options, what to do next, or where to get help.
The elder was recently diagnosed with Cancer, Alzheimer’s disease, or another chronic condition.
The elder is ill or disabled, and their children live out of town.
The elder has experienced a catastrophic event such as a fall, medication mistake, or accident.
Family members have discovered the elder wandering, malnourished, dehydrated, or unable to provide self care.
The elder suffered a medical event such as a stroke or heart attack.
Elder is expressing worries about paying for long-term care in the future.
Children are voicing concerns about a parent’s debilitating diagnosis.
The elder is hospitalized and the family has been told that returning home is not an option.

For assistance or to learn more about available care options, contact us at 941-300-4136 .

Why Hire an Elder Law Firm to Help you Apply for Benefits?

Tue, 20 Jan 2026 15:57:53 GMT

Pre-Planning vs. Crisis Planning

Tue, 20 Jan 2026 15:56:30 GMT

Due to the 60-month lookback period, many seniors desire to plan ahead for long-term care as part of their estate planning, looking far into the future.

This is what we call “Pre-Planning.”

If the seniors are healthy enough, we strongly encourage them to purchase long-term care insurance to provide a large amount of flexibility in their options for future living. Even if seniors are not eligible to purchase long-term care insurance at a price that they feel is affordable, the attorneys at the Life Planning Law Firm, P.A. often assist seniors in implementing plans that can go a long way toward protecting assets in case of future need for assisted living or nursing home care. Done early enough and if there are honest, reliable family members or others involved, such “pre-planning” can save a large fraction of the seniors’ assets.

Part of what distinguishes the Life Planning Law Firm, P.A. from other law firms is our ability to assist seniors and their families with Crisis Planning.

This ability is based on in-depth knowledge of the Florida eligibility rules, intensive study and experience with client cases in this field, and astute attention to the needs of seniors and their families in these urgent situations.

Crisis Medicaid Planning typically occurs when the senior has received an extremely serious medical diagnosis, most commonly when hospital or rehabilitation facility medical personnel have determined that he or she cannot return home after rehab. At this point, the senior and family are facing extended nursing home time without Medicare coverage, starting at around $8,000 per month and certain to increase in the future. Every month that will pass will consume a substantial portion of the senior’s or couple’s life savings.

It is easy to see a life savings of one or a few hundred thousand dollars being consumed in a matter of a few months or years. Even allowing the Community Spouse to retain the Community Spouse Resource Allowance will destroy the rest of the savings that the Community Spouse may need in order to live for years or decades into the future.

Crisis Planning is essential to protect what can be saved under these drastic, adverse circumstances, where the costs of waiting even one month are very high.

The Importance of a VA Accredited Attorney

Tue, 20 Jan 2026 15:55:47 GMT

Attorney Kevin Pillion has received Accreditation by the Department of Veterans Affairs (“VA”) that enables him to give advice to and file benefit claims for all Veterans. Accreditation refers to “The authority granted by the VA to those attorneys who meet the established standards.” The Department of Veterans Affairs stated purpose in requiring attorney accreditation is to ensure that claimants for VA benefits receive “…qualified assistance in preparing and presenting their claims.” With this certification, Attorney Kevin Pillion has the distinction of being one of only a few attorneys in Southwest Florida with a VA Accreditation.

To receive Accreditation, Federal law requires an attorney to complete an application and continuing legal education requirements. An attorney must also establish that he is of good character and reputation. The privilege of accreditation carries with it the responsibility to maintain specified standards of conduct and comply with the laws that govern VA representations, as set forth in the United States Code and the Code of Federal Regulations. The VA accreditation system is designed to ensure that lawyers who represent VA claimants have a thorough understanding of the VA health and benefit systems, so that they may provide quality assistance in the preparation, presentation and prosecution of those claims.

Top 10 Asset Protection Mistakes

Tue, 20 Jan 2026 15:54:21 GMT

1. Relying solely on a will or a living trust

A Will takes effect only upon your death, and a Living Trust, although preferable in some cases, will not protect your assets from Medicaid Recovery and Nursing Homes.

2. Relying on Medicare or health insurance

Neither Medicare nor health insurance pays for the cost of long-term care in a nursing home. With the average cost exceeding $7,000 a month, without a Plan most families will quickly run through their life savings.

3. Transferring all assets to children or other relatives

This almost always results in lengthy, unnecessary periods of ineligibility when Medicaid or other public assistance is applied for. And the tax consequences can be devastating. Often, it’s wiser to do nothing.

4. Placing all assets into joint ownership with another family member

This is often regarded the same as a transfer and can result in lengthy disqualification periods. Or it may not shelter assets at all. It can also create unfortunate legal problems for families.

5. Selling the family home to pay for nursing home care

This is almost never required. Yet many still believe that a person must sell his home to pay the nursing home.

6. Not taking Medicaid estate recovery seriously

Medicaid can and does sell your home after your death to recoup benefits paid out on your behalf.

7. Applying for a guardianship

This court-supervised method of dealing with a person’s incapacity is time-consuming, costly, burdensome, and restrictive. With proper planning, you avoid the need to go to Court.

8. Relying on family members to “do the right thing” when critical health care and financial decisions need to be made

In the absence of a Plan to protect assets and other planning documents, this is an awful burden to place on the members of your family.

9. Not seeking the advice of a specialist in elder law and asset protection planning

Medicaid and other government benefits programs are a highly complex area of the law; the law varies from state to state and even within a particular state. Very few attorneys and advisors know and understand the laws and rules that apply.

10. Doing nothing

Unless you have no assets to protect or you are unconcerned about how decisions will be made in the event of your disability or incapacity, you should take steps now to protect yourself.

Pitfalls of Giving Away Your Home

Tue, 20 Jan 2026 15:45:33 GMT

Like many other people, you may be thinking about giving your home away now that you are older. There may be several reasons why you might consider doing this:

You want to avoid probate
You want someone else to take responsibility for the upkeep of the property
You want to help a family member
You fear you can no longer live alone and want someone to stay in the home with you, or
You worry that you may have to enter a nursing home someday.
If you are one of the people thinking about transferring your home, here are some things to think about first.

You should never sign away your home ownership without first getting advice from an attorney. There are many risks in transferring a home to another. You should talk to an attorney who is certified for or knowledgeable in elder law or estate planning.

Here is some general information about the risks you face if you transfer your home.

What happens if you transfer your home? You will lose control over the use of your home and property. You will have no say in whether the property is sold, mortgaged, taken by creditors or used for a purpose that you don’t like. You will lose the right to live in the home or somewhere on the property. You will lose the right to rent the property or otherwise use or occupy the property.

You may create problems with creditors. You may get in trouble if you have creditors that have a lien on the property or if you file bankruptcy. If you transfer a home or other property, and, as a result, a bank or other creditor is unable to collect a debt, the transfer can be canceled. In some circumstances, such a transfer is considered fraud.

You may lose your Property Tax relief. If you are over age 65 or disabled, you may have the right to some relief in paying property tax under state law. If you add another person’s name as co-owner of the property, that person’s income will be counted along with yours. The increase in income may cause you to lose your eligibility for tax relief. Of course, if you are no longer the homeowner, you would no longer have to pay the taxes. The new homeowner will not have a right to relief from these taxes unless he or she can qualify.

You may lose the chance to get help from Home Weatherization and Rehabilitation programs. You may lose your eligibility to participate in these programs if you add another’s name to the property deed or if you transfer the property.

If You Are on Medicaid or Get an SSI Check

If you have Medicaid and live in a nursing facility, or if you live in a nursing facility and plan to apply for Medicaid within the next three years, there is a Medicaid penalty for any gift or transfer “for less than fair market value.” The state checks to see if transfers of any property (including a home) occurred during the three years prior to entering the nursing home or applying for Medicaid. The time is five years for transfers involving trust property.

A transfer made that is improper for Medicaid purposes may result in the denial of Medicaid for a certain amount of time (depending on the amount of the gift or transfer).

Taking your name or any co-owner’s name off the deed is also considered a transfer that may be penalized under the Medicaid program.

If you give away assets when you are on SSI, there is a penalty similar to the Medicaid penalty. You may lose SSI for a certain amount time depending upon the amount of the gift or transfer.

If you give your home to someone who receives SSI or other government benefits, your gift may cause the other person to lose benefits, if he or she already has a home. (Owning property, other than your home, can affect eligibility for SSI, Medicaid, Families First benefits and food stamps.)

There may be TAX consequences if you give your home away. You may have to pay a gift tax. The gift tax, generally, applies to the transfer of a present interest. Sometimes, the first $10,000 of a gift is exempt from taxation. There may be a $20,000 exemption if a gift is made by a married couple. The person who receives the gift may have to pay more capital gains tax if he or she sells the property at a later time. There are many factors which determine whether a capital gains tax is owed and how much the tax will be.

An agreement to exchange your home for in-home care is risky and should always be reviewed by an attorney. This is especially important if you plan to give the caregiver the deed to your home or a promise that the caregiver will inherit your home. These arrangements are dangerous and may cause many problems. The agreement may also affect Medicaid eligibility and tax liability. Never make this type of agreement without the help of an attorney who is knowledgeable in this area of the law.

*Prepared for the Caregivers Project, January 15, 1998, by Pam F. Wright, Certified Elder Law Attorney, West Tennessee Legal Services; Updated March 2001 by Timothy L. Takacs, Certified Elder Law Attorney

9 Reasons to Choose Us as Your Elder Law Attorney

Wed, 14 Jan 2026 23:00:28 GMT

1. Personal Empathy

Each member of our law firm is currently or has been a caregiver for a family member — so we know how you feel. Our friendly staff will make you feel right at home and put you at ease. All of us that work at Life Planning Law Firm have walked a mile in your shoes.

2. Passion

Elder Care and Life Planning is all we do … and we do it because we love it. Few other Florida law firms can match our expertise and passion in the field of Elder Care Planning .

3. Experience

We’ve assisted families over the years, guiding them through the challenges of aging and long-term illness … not just the legal matters, but the difficult personal and financial issues that often arise.

4. Our Specialized Services

You can come to us for help qualifying for public benefits, obtaining in-home services, finding just the right nursing home, finding the money to pay for it, repositioning assets, and much more.

5. Promptness and Accessibility

Kevin Pillion and his Elder Care team promptly return their phone calls and meet agreed upon deadlines.

6. FREE CONSULTATION

Our first meeting with you is no charge. This gives us a chance to get to know each other and determine if we are a good fit to work together on your case. If we are unable to help you, we will help you find someone who will.

7. Clear Pricing

We charge a flat rate for our services and always sign a contract with clients … so you are clear on the terms of our engagement. This includes, among other things, the scope of our services, each party’s responsibilities, and what our fee includes and excludes. We do not charge you every time you call our office or make a photocopy.

8. Legal Software

We use proprietary Estate Planning software, ensuring that our Estate Planning documents are thorough and constantly updated for all Federal and State statutory changes in the law.

9. Estate Planning Attorney

Kevin Pillion belongs to the following professional organizations: The Florida Bar, National Academy of Elder Law Attorneys, National Elder Law Foundation, Florida Academy of Elder Law Attorneys, and the Life Planning Law Firms Association.

Deerfield Employment Law Firm

What Is a Family Trust and How Does It Work?

What Is a Family Trust and How Does It Work?

What Is a Family Trust?

How Does a Family Trust Work?

Creating the Trust

Funding the Trust

Managing the Trust

Distributing Assets

Types of Family Trusts

Revocable Living Trust

Irrevocable Trust

Testamentary Trust

Benefits of a Family Trust

Avoiding Probate

Maintaining Privacy

Planning for Incapacity

Protecting Young Beneficiaries

Providing Flexibility

Do You Still Need a Will?

Who Should Consider a Family Trust?

Common Misconceptions About Family Trusts

Work With a Florida Estate Planning Attorney

Estate Planning for Retirees in Florida: What Changes After 65?

Estate Planning for Retirees in Florida: What Changes After 65?

Why Estate Planning Becomes More Important After 65

Review and Update Your Will

Consider Creating or Updating a Revocable Living Trust

Prepare Durable Powers of Attorney

Create Healthcare Planning Documents

Review Beneficiary Designations

Plan for Long-Term Care

Minimize Probate Issues

Review Your Estate Plan Regularly

Work with a Florida Estate Planning Attorney

Legal Grounds for Contesting a Will in Florida

Legal Grounds for Contesting a Will in Florida

﻿ What Does It Mean to Contest a Will?

Lack of Testamentary Capacity

Undue Influence

Fraud or Misrepresentation

Improper Execution

Forgery or Alteration

Revocation of a Prior Will

The Importance of Acting Quickly

How Legal Guidance Can Help

Estate Planning for High Net Worth Individuals in Florida

Estate Planning for High Net Worth Individuals in Florida

Understanding the Complexity of High Net Worth Estates

Minimizing Estate and Tax Liabilities

Utilizing Trusts for Asset Protection

Planning for Business Succession

Protecting Your Legacy and Beneficiaries

Keeping Your Estate Plan Updated

How Legal Guidance Can Help

The Cost of Long-Term Care: Are You Prepared?

The Cost of Long-Term Care: Are You Prepared?

Why Planning Matters

Planning Ahead in Sarasota and North Port

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10 Signs That Families Need Help

10 Signs that Families Need Help

Why Hire an Elder Law Firm to Help you Apply for Benefits?

Pre-Planning vs. Crisis Planning

The Importance of a VA Accredited Attorney

Top 10 Asset Protection Mistakes

1. Relying solely on a will or a living trust

2. Relying on Medicare or health insurance

3. Transferring all assets to children or other relatives

4. Placing all assets into joint ownership with another family member

5. Selling the family home to pay for nursing home care

6. Not taking Medicaid estate recovery seriously

7. Applying for a guardianship

8. Relying on family members to “do the right thing” when critical health care and financial decisions need to be made

9. Not seeking the advice of a specialist in elder law and asset protection planning

10. Doing nothing

Pitfalls of Giving Away Your Home

If You Are on Medicaid or Get an SSI Check

9 Reasons to Choose Us as Your Elder Law Attorney

1. Personal Empathy

What Does It Mean to Contest a Will?