You have worked hard all your life to build your estate, but you may not be sure of the best way to pass your assets, business and personal property to your loved ones. You may also be facing some of the legal issues that are common to the elderly and their families, and may be complicating the planning process, such as paying for nursing home care while preserving assets for the well spouse.
As a law firm focused on Florida Estate Planning & Wealth Preservation, Elder Law and Probate law, we are dedicated to developing lifetime estate plans, including wills and trusts, that integrate estate planning, asset protection, long-term care planning, and elder law related issues. When a loved one passes away in Florida, we represent heirs, beneficiaries, family members and corporate fiduciaries in every step of Florida Probate and Trust Administration with the utmost compassion and understanding.
Barbara Buxton has seen this type of thing happen far too many times: People put off planning. Then, once they finally begin, they discover that some options are no longer available to them and they – and their families – stand to lose out.
Do not let this happen to you.
Since 1990, Ms. Buxton has helped Floridians preserve what it has taken them a lifetime to acquire, from clients with multi-million dollar estates to seniors who are trying to qualify for Medicaid. Moreover, The Law Offices of Barbara Buxton have represented heirs, beneficiaries, family members, and corporate fiduciaries through every step of Florida probate and trust administration.
In addition to customizing Wills and Trusts, we guide our clients through the process of creating durable powers of attorneys and healthcare documents, such as living wills and healthcare directives, which allows clients to outline their wishes and state in advance who they would like to name as an agent to act on their behalf if they were incapacitated and could not act for themselves.
As an Asset Protection and Florida Medicaid attorney, Barbara Buxton uses her 20 years of experience to work expeditiously to customize plans for you using strategies that will preserve as much of your assets as is legally possible and qualify your loved one for Florida’s Statewide Medicaid Managed Care Long-Term Care Program (Medicaid benefits for nursing home care, assisted living facility care, and home care) to help you and your family have peace of mind.
Whatever your situation, we have the knowledge you need to navigate the rough financial waters that come with aging.
She knows the law. With a Master of Laws in Estate Planning (LL.M.), you can be sure that Ms. Buxton knows all of the little legal nuances that matter when crafting these types of plans to maximize the benefits for you and your loved ones. You have worked hard all of your life. Do not allow some little legal loophole to rob you at the end of it.
If you are not sure exactly what you need, Barbara Buxton is happy to serve as your guide. To make sure you are getting the most out of your estate planning and meeting your specific needs, she takes a multidisciplinary approach that involves:
By going through the possibilities with her clients, Ms. Buxton is often able to discover ways to better utilize assets and allow you and your loved ones to preserve more of your wealth while still providing you with the safety and security you need.
She’s committed to her clients. Some Florida lawyers who focus on probate and elder law see it as more of a paint-by-numbers exercise. They have premade forms that they can slot your information into and boxes that they want to place you in. Because it is faster and easier for them to work this way.
Not Barbara Buxton. While she always strives to handle client matters as efficiently as possible to keep costs reasonable, Ms. Buxton also understands that everyone is different, and that the issues people deal with when they meet with her are highly personal. She wants to make sure the plan she helps you create reflects your objectives. That she answers any questions or concerns you have. That she is thorough, caring, and attentive to your needs.
She’s a team player. Estate planning, asset protection, guardianship, and Medicaid planning are incredibly complicated, ever-changing areas of the law. Because of this, Ms. Buxton always recommends that clients allow her to work with any other “professional advisors” who are already on your “team.” For example, your accountant, banker, or financial advisor. By involving them in the estate planning process, you ensure that everyone is informed about your goals and intentions so that they can work with you to achieve them and offer their expertise to further those goals.
Our boutique law firm is able to provide counsel on a wide range of individual and business matters, but we focus on estate planning, probate and trust administration and litigation, Medicaid planning, wealth transfer planning, gift and estate tax planning, asset protection, creditor protection planning, guardianships, and elder law. We welcome the opportunity to speak with you and discuss how we may be of service to you. Our firm can help you and your family with:
Over one-half of Americans will spend some time in a nursing home. The average monthly cost of a semi-private room in a nursing home is $8,000.00. As life expectancies and long term care costs continue to rise, many families now face the challenge of how to pay for these services. Unfortunately, most people are not aware that Medicare and private Medicare supplement insurance do not cover the cost of long term care.
An Elder Law attorney concentrates on the areas of the law that focus on legal issues affecting elders, their spouse and/or their children, such as aging, disability, incapacity, illness, and long-term care and nursing home planning. The Elder Law lawyer also reviews contracts with nursing homes, arrangements with individuals who will provide services to the elderly and agreements where property is being sold or transferred.
Wills, Trusts, Deeds, Durable Power of Attorney, Health Care Surrogates ad Living Wills. These are just a few of the parts of the estate Planning process whereby a person develops a plan and prepares documents to conserve, protect, and distribute estate assets before and after death for the benefit of loved ones and charities, taking into consideration the effect of state and federal tax and administrative laws and regulations.
Long-term care is expensive, but our techniques will legally preserve your assets and protect your family from the astronomical cost. The earlier you begin planning, the better, but it is never too late to start – even if you or your loved one is already living in a long-term care facility.
Get assistance to plan for the future and preserve assets to pay for long-term care and to prepare planning documents, such as a will, trust, powers of attorney, living will, healthcare directives and deeds.
You may notice a friend or a family member who is losing the ability to manage financial, medical or legal, affairs. That person may need a guardian appointed to help manage his or her affairs. This is done through a guardianship proceeding.
A living will is considered to be one type of "advance directive" pertaining to health care decision-making. An advance directive is defined as a written instruction recognized under state law — such as a living will or durable power of attorney for health care — which relates to the provision of such care when the individual is incapacitated.
With over 20 years of legal experience, Barbara Buxton is equipped to handle civil mediation and other alternative dispute resolution arising from: Wills and trusts disputes; Guardianship disputes; Asset protection disputes; Probate disputes; Creditor claims; Residential and commercial real estate disputes; Business contract disputes; Other civil mediation.
A Power of Attorney is a document that contains distinct powers that allow an individual to act on behalf of another to manage legal, financial and sometimes health care decisions. While a Power of Attorney may appear to be a simple device to manage the affairs of another, a competent estate planner should be consulted to ensure that the desired powers are properly created in the document.
Wills allow people to state their preferences about how their estates should be handled after their deaths. Trusts are estate planning tools that can replace or augment wills, as well as help manage property during life. A trust manages the distribution of a person's property by transferring its benefits and obligations to different people.
Every day you wait to start crafting an estate plan is another lost opportunity. Another chance that something could happen to you before your loved ones are protected and your wishes are legally binding.
Do not allow this to happen. Please contact us right away to discuss how our law firm can serve you. Whether you live in another area of Florida or out-of-state, please reach out to us and we will promptly contact you. Telephone appointments and Home and Hospital appointments are available throughout Miami-Dade, Broward and Palm Beach County. We look forward to serving your legal needs.
Please ask about our office locations in Broward County and Palm Beach County. Our main office is conveniently located in Aventura, Florida, between Miami in Dade County and Fort Lauderdale in Broward County. The office is on Biscayne Boulevard across from the Aventura Hospital, between the Hallandale Beach Boulevard exit and the Ives Dairy Road exit off of I-95. This location is just minutes from Hallandale, Hollywood, Pembroke Pines, Miramar, Dania Beach and the Fort Lauderdale/Hollywood airport in Broward County as well as North Miami Beach, North Miami, Sunny Isles, Golden Beach, Miami Shores, Surfside, Miami Lakes and Miami Springs in Miami-Dade County, Florida.
1. The New Elective Share. A surviving spouse of a person who dies domiciled in Florida has the right to 30% of the decedent spouse’s elective estate.
The elective estate includes: the decedent’s probate estate, revocable trust estate, ownership interest in accounts or securities registered in “Pay On Death (POD)” “Transfer On Death (TOD),” “In Trust For (ITF),” joint accounts with right of survivorship, and more. The old elective share law only applied to the decedent’s probate estate.
Typically in second marriages, spouses want to pass their assets to the children of the first marriage. Prior to the “New Elective Share” if a spouse was successful in avoiding a probate administration at his or her [..]
2. Not creating more than a Will in your estate plan. (You don’t create a Revocable Trust because you believe only people with large estate need a Trust.)
3. Holding assets jointly with children (both for children’s easy access to the money and for an “inexpensive” estate plan to avoid probate.)
4. Leaving your assets to someone with the “understanding” that it will be used for the benefit of another, your child or dependent parent, for example.
5. Not appointing a pre-need guardian for minors; or not creating a Special Needs Trust for disabled children.
6. Not considering asset preservation strategies for leaving your assets to loved ones.
7. Not appointing competent Personal [..]