Author Archives: Jay Butchko

Penalties For Improper Transfers Under Medicaid Rules
With the average cost of assisted living facilities ranging around $8,600 to $9,800 per month in Florida, elderly individuals and their families will probably be considering various ways to fund long-term care. Aside from using personal funds or insurance, the primary option in terms of public assistance will be Medicaid, since Medicare does not… Read More »

Next Steps After Signing Your Florida Estate Plan Documents
You will probably breathe a sigh of relief or even share a toast when you complete the Florida estate planning process and sign all the necessary documents. There is a great sense of accomplishment at finishing this very important task, and you get peace of mind knowing arrangements are in place for incapacity and… Read More »

What To Include In A Florida Divorce Settlement Agreement
Divorce can be a highly contentious legal proceeding when there is animosity and distrust between the parties, but you might be surprised to find that protracted court battles are somewhat rare. Many cases are resolved in full or in part by agreement, and Florida divorce laws actually encourage spouses to compromise on the key… Read More »

Mediation In Florida Probate Disputes: Things To Know
Florida probate is the process by which a deceased person’s final affairs are wrapped up according to the terms of a will or state intestacy laws. There is always the possibility for disputes, and litigation is one route for resolving them. However, in most cases, a judge will order the parties to participate in… Read More »

Penalties For Violating A Florida Domestic Violence Injunction
If you were recently served with paperwork regarding a domestic violence order of protection, it is understandable that you would be confused and overwhelmed. It does not seem legal that a court could issue an injunction without notice and a chance to hear your side, but that is exactly how Florida’s domestic violence injunction… Read More »

Decisions Florida Law Makes For You When You Die Without A Will
The list of reasons people avoid making a will or estate plan is long, but some will probably sound familiar. Procrastination, financial considerations, and viewing estate planning as a morbid topic are often cited for not preparing a will. Whatever your reasons may be, it is essential to know what happens when you do… Read More »

Comparing Florida Collaborative Divorce To Mediation
Except in cases of extreme animosity or domestic violence, most couples going through divorce in Florida will have three options for resolving the key issues: Collaborative divorce in Florida, a process parties voluntarily undertake; and, Mediation, which the parties could choose – or which the court could order under suitable circumstances. A trial before… Read More »

Deviations From Child Support Guidelines In Florida
While parties to a divorce case can be creative when working out details regarding asset division and alimony, Florida laws on child support do not allow for much flexibility. Parents cannot agree that one party will not pay child support even if the parties equally divide timesharing. Florida child support guidelines use an equation… Read More »

Debunking Myths About Powers Of Attorney
Powers of attorney are a fundamental component of any estate plan, but many Floridians do not fully grasp their role and function. A power of attorney is a document executed by a person, known as the principal, who names a another person to serve as agent and handle decision-making under specifically designated circumstances. These… Read More »

4 Questions To Ask A Florida Elder Law Attorney About COLA 2022
Cost-of-Living (COLA) adjustments have been automatic since July 1975, but few increases in the percentage have attracted as much attention as the upcoming COLA 2022. The Social Security Administration (SSA) announced that benefits for more than 70 million recipients would rise 5.9 percent. To put this figure into perspective, the COLA increase in January… Read More »