Finley Law LLC
The simple answer is no. You do not have to spend all your money on your own care before you apply for Medicaid benefits. You can, if that is your desire, but if you would like to consider leaving assets for your loved ones to inherit or utilizing your assets to enhance the quality of your life while still qualifying for Medicaid benefits, our office can assist you in making a plan to do so.
For long-term care Medicaid in Florida, an individual’s income limit in 2025 is about $2,901 per month. You may still qualify using a Qualified Income Trust (Miller Trust) if your income is higher. Because Medicaid also has strict asset limits, it is best to speak with an elder law attorney, like Attorney Kobi Finley, who can guide you through the planning process and help protect your eligibility.
No. Having a will does not avoid probate in Florida. In fact, a will must go through the probate process to be validated by the court and to legally transfer assets to your beneficiaries. Probate ensures that debts and taxes are paid and your property is distributed according to your wishes.
There are other estate planning tools, such as a revocable living trust, beneficiary designations, or transfer-on-death accounts, to help your loved ones avoid probate. We can help you decide which option best fits your situation and protects your family.
The best time to begin Medicaid planning is well before you need care. Florida’s Medicaid program has a five-year “look-back” period, which means that certain financial moves, such as gifting assets, can affect your eligibility if they occur within five years of your application. Planning early can protect your assets
That said, it is never too late to plan. Even if you or a loved one already needs nursing home or assisted living care, an elder law attorney can often use tools such as Qualified Income Trusts (Miller Trusts) or asset protection strategies to help you qualify more quickly while preserving resources for your family.
You should consider a trust to manage and protect your assets, avoid probate, or control how and when your beneficiaries receive your assets. Trusts are especially useful for providing for minor children or family members with special needs or protecting assets from creditors.
For Medicaid planning, an irrevocable trust can also help you structure your finances to qualify for long-term care benefits while preserving assets for your loved ones. Attorney Kobi Finley can help you determine which type of trust best fits your goals and ensure it is set up correctly.
Yes. Estate planning laws vary by state. Documents valid in another state may not fully comply with Florida law. Updating your will, trusts, powers of attorney, and healthcare directives ensures your wishes are honored and your documents are legally effective in Florida.
Our elder law attorney can review your estate plan, make any necessary updates, and help you take advantage of Florida-specific planning strategies.
In Florida, a divorce generally revokes the provisions in your will that benefit your former spouse. It means that any gifts or appointments of your ex-spouse as personal representative or trustee are automatically canceled. However, other parts of your will remain valid, and your assets will be distributed according to the updated terms.
Even though Florida law provides this automatic protection, updating your estate planning documents after a divorce is still important. Doing so ensures your current wishes are clear and reduces the risk of confusion or disputes among your beneficiaries.
No, not necessarily. Trusts are useful ways to avoid probate, but there are other ways to avoid the courts being involved in transferring your assets upon your death. For example, in Florida, you can utilize an enhanced life estate deed to transfer real property upon your death without creating a trust to accomplish the same result. Additionally, you can name beneficiaries on your accounts or add joint owners to your assets to avoid probate. At Finley Law LLC, we thoroughly review your assets to determine the best, least expensive, and least complicated way to ensure your assets avoid probate.
No. Not in Florida. Your home, up to $730K in equity (for 2025), is a non-countable asset for the purposes of applying for Medicaid.
According to Florida Statutes, if you have an original will and are aware of that person’s death, you must deposit the original will with the court in the appropriate jurisdiction. At Finley Law LLC, we will assist in the recording of original Wills at no cost.
When a person dies without a will, the estate is considered intestate. In that situation, the Florida Statutes will determine who can serve as personal representative of the estate and the beneficiaries.The assets are distributed according to Florida’s intestacy laws.
Durable Powers of Attorney are documents that allow someone to make decisions regarding your property. This person should be someone you trust, and they are tasked with doing as you would have intended. This person is often called your “agent” or “attorney-in-fact.”
Durable Powers of Attorney are usable on your behalf by your agent the moment you sign the document. Most often, agents will wait until you have become incapacitated to utilize their authorities, but there is no legal requirement that they wait until that time. The best time to set up your power of attorney is NOW. It may be the most important estate planning document you execute during your lifetime. Please make an appointment with our office to learn more.
If you have property in multiple states when you die, your estate will need to have a probate administration in each state where you hold property to transfer ownership to your beneficiaries. If you die without a will, the beneficiaries may be different based on the state in which the property is located. To avoid the extra costs and the complication of dealing with multiple probate estates at one time, many of our clients will create a trust and deed all their properties into the trust. It will allow the trustee of the trust to transfer assets more easily upon the death of the trustor and without the necessity of multiple court involvement.
Not without properly executed waivers of your spouse’s interests in assets to which they are statutorily entitled.Call our office to discuss your situation.
Yes. As long as the child is not a minor, you are under no legal obligation to leave anything to your children under your Will.
No. A DNR is a document signed off on by a physician. The living will is utilized by a health care surrogate or medical professional to communicate your wishes regarding the use of artificial means to keep you alive.
Generally, yes, you do. However, Florida Statute 196.061 allows the rental of a homestead for up to 30 days per year for two consecutive years. Renting your property for more time will likely result in losing the full homestead exemption for the next year.
For compassionate, experienced guidance on Medicaid, trusts, and estate planning in Florida, schedule a consultation with Attorney Kobi Finley by calling (386) 734-5959 or complete our online form. Our law firm is dedicated to protecting your assets and supporting your family every step of the way.
Planning today can make a big difference for your finances and stress levels tomorrow. To make an appointment with our DeLand office, call 386-734-5959 or get in touch online to find out what might be possible in your situation.
Phone: 386-734-5959