Your Local Elder
Law Attorneys

The Slonim Law attorneys are focused on Elder Law (Probate, Guardianship, Estate Planning & Medicaid Planning) in Brevard county (Melbourne, Viera, and Palm Bay) and Osceola county. We take pride in working closely with our clients to ensure that they obtain the best representation for the value. Helping people is our job. Preserving our client’s rights and interests is our focus.

Contact Us Here

Call Us Today: 321-757-5701

Call Us Today:

 321-757-5701

Elder Law

Areas of Practice

Elder law consists of the several areas of practice including the Florida Probate Administration (Formal, Summary, and Ancillary) of an estate; Guardianship of an incapacitated person or minor; Trust and Estate Planning (Wills and Trusts; and Advance Directives such as Powers of Attorney, Health Care Surrogates, Living Wills, and Pre-need Guardianship Declarations), and Medicaid Planning.

Estate Planning Melbourne FL

Trust & Estate Planning

You don’t need an “estate” to have an estate plan. The attorneys at Slonim Law, we prefer to think of it as LIFE planning, as it’s more important to have a plan in place if you or a a loved one is incapacitated. This time in a person’s life is not the time to start figuring out who can pay the bills, file or defend a lawsuit, or a variety of other daily legal, financial, and medical factors. Have the estate planning lawyers create a Durable Power of Attorney, Health Care Surrogate, Living Will, and Pre-Need Guardianship Declaration when you don’t need them, so your loved won’t stress when you need them most.

Probate is a court-supervised process for identifying and gathering the decedent's assets, paying taxes, claims and expenses and distributing assets to beneficiaries. The Florida Probate Code is found in Chapters 731 through 735 of the Florida Statutes.

Probate

Probate is a court-supervised process for identifying and gathering the decedent’s assets, paying taxes, claims and expenses and distributing assets to beneficiaries. The probate attorneys at Slonim Law turn probate administration into a process you can understand. Probate is simply the process of following the instructions set forth in the Florida Statutes, if there’s no Last Will and Testament, or if there is a Will, then the instructions set forth in the Will. The three typical types of administration are Formal, Summary, and Ancillary.

Medicaid Planning Attorney

Medicaid Planning

Through Medicaid planning, the attorneys at Slonim Law can assist families in addressing the needs of long term care. Unfortunately, many nursing home residents end up exhausting their assets on long-term care. But it doesn’t have to be that way. Whether it’s crisis planning or creating an exhaustive “what if” plan and executing it, you can rest easy knowing the assets you or your loved ones have worked their whole lives for, can be properly safeguarded.

Guardianship Law Attorney

Guardianships

A guardian is someone appointed by the court to oversee and manage a person legal, financial, and/or medical affairs.

A guardian is usually appointed because the Ward is incapable of managing themselves, either through incapacity or age (minors).

Remember, this removes a person’s Constitutional Rights. It is the MOST restrictive means possible of caring for someone. Contact the guardianship attorneys at Slonim Law to learn more.

Digital Asset Estate Management

Digital Estate Management

Dealing with as loved one’s physical assets after death is hard enough, but then having to manage the closure or change of that person’s Facebook, Netflix, Amazon, Twitter, and other accounts can only add to the stress of the process. We can help our clients close such accounts and ensure that the deceased’s data is safely removed from the online world, thereby preventing unwanted identity theft or other malicious actions.

Coast to Coast

We are able to attend to the areas of Estate Planning, Probate law, Guardianship law, and Medicaid Planning needs of clients coast to coast, from Florida to California. David Slonim is available to help clients throughout Florida, including Melbourne, Tampa, Orlando, Ocala, Jacksonville, Daytona, Miami, and Palm Beach. We are also proud to work with Adam Slonim, a family estate planning attorney in San Diego, California.

      Notable News

      • guardianship

      Slonim Law’s Experts Break Down Guardianship for Floridians

      May 12th, 2021|

      Guardianship is a topic we hear about frequently on social media regarding celebrities and new movies, but what truly is it? Simply explained, a guardian is an individual or institution appointed by the court to care for an incapacitated person, called a ward, or for the ward’s assets. Here at Slonim Law we strive to provide the best service possible when it comes to these matters.

      Let’s break this down a bit further.

      florida guardian

      Any adult Florida resident can serve as a guardian as long as they are capable of carrying out the duties and have not been convicted of a felony. A guardian who has authority over any property of a ward shall inventory the property, invest it wisely, use it for the ward’s support, and account for it by filing detailed annual reports with the court. In addition, the guardian must obtain court approval for certain financial transactions. The guardian of the ward’s person may exercise those rights that have been removed and delegated to the guardian, such as providing medical, mental and personal care services and determining the place and kind of residential setting best suited for the ward. The guardian of the person must also present to the court every year a detailed plan for the ward’s care.

      This may seem daunting, but with the right counsel and support, a responsible guardian will have little to no issues throughout this process. Anyone who is not taking their position seriously and not properly carrying out their responsibilities will be held accountable and removed.

      Now that we understand what a guardian does, let’s talk about why they are necessary and what involvement the staff at Slonim Law has. There are many types of Guardianship and we are strongly versed in each.

      guardianship florida

      • Typically, a guardianship is instituted for a person who is incapacitated and cannot care for themselves, either temporarily or for the long term and does not have a Durable Power of Attorney in place.
      • This guardianship is further broken down into a guardian of the person (for medical matters) and a guardian of the property (for legal and financial matters).
      • If a guardianship requires expedited handling, an Emergency Temporary Guardianship may be requested.
      • In the event a minor receives a large settlement from an insurance claim or inheritance, then a guardianship of the minor is instituted.
      • If a developmentally disabled person is about to, or has, reached 18, a guardian advocate is suggested. (Please note that this type of guardianship is the only type that does not require the petitioner to be represented by an attorney).
      • A voluntary guardianship is also available. If someone feels that they cannot handle their own financial affairs and may already be beyond the ability to sign a Durable Power of Attorney they have the option to seek a voluntary guardian.
      • A Veteran may be placed in a guardianship if they cannot handle their own affairs and are eligible to receive benefits from the United States Department of Veterans Affairs.
      • Finally, if a person is destitute and has no known family who are willing to help, the state may institute a public guardianship.

      Guardianship is more common than most people think. It is also something we are strongly versed in here at Slonim Law.

      If you would like more information please call us at (321) 757-5701, contact us via email or check out the Slonim Law’s Guardianship FAQ page. Another great resource is the Florida Courts Website on Guardianship. We understand you will still have questions after this simple explanation and we are more than ready and willing to help. We look forward to hearing from you soon.

      • consultation prep

      Need Help? Initial Consultation Preparation Tips are Here!

      May 12th, 2021|

      Below you will find some Initial Consultation Preparation Tips from Slonim Law. Each matter has its own requirements and the less time we spend on filling out paperwork, the more time can spend meeting your needs. Please feel free to look over each list and use them as a rough guide as to what you will need for your initial consultation with us. Remember, before every appointment we will send  you a list of exactly what you will need. This list will give you a place to start and hopefully help to ease any worries you may have regarding your matter and those involved.

       

      Consultation

      Estate Planning:

      • General outline of their assets (Bank accounts, investments, real estate, life insurance)
      • Old estate documents (if applicable)
      • Social Security numbers of any minor children (and themselves/significant others)
      • Names, addresses, and phone numbers for anyone that they want to name in their documents
      • Need more help? On our website you will find the Reading Room. This section of our site offers multiple forms used during the estate planning process. Feel free to check these documents out and get started preparing for your consultation today.

      Medicaid/VA :

      • Identification (driver’s license, social security card, birth certificate, Medicare card)
      • Current banking and securities statements (to estimate assets such as checking/savings, annuities, IRAs, etc)
      • List of incomes (retirement, pension, social security, etc.)
      • Most recent Social Security award letter
      • Current bill statements for property taxes, mortgage, HOA fees
      • DD-214 discharge papers (VA only)
      • Physician information for applicant
      • Estate documents

      Probate:

      • Original Will
      • Death Certificate
      • Description and value of assets (property, bank accounts, life insurance, etc)
      • Names, addresses and telephone numbers for parents, spouse, children and grandchildren of decedent
      • Names, addresses and telephone numbers for persons listed as Personal Representative in the will

      Guardianship Consultation Needs:

      • Name, date of birth and social security number for incapacitated person (or minor)
      • Physician information for incapacitated person
      • Nature of need for Guardianship (emergency?)/need for consultation

      Quit Claim Deed Consultation Needs:

      • Name of Parties
      • Marital Status
      • Property Address
      • County of Property
      • Is this a Transfer to Power of Attorney? If Yes, you will need a copy of Power of Attorney and Letter of Incapacity available

      Having a consultation with Slonim Law is a great start to a new plan. We are here, willing and ready to assist you with whatever Elder Law needs you may have. We look forward to meeting with you soon. Also, do not forget! Our consultations can be done via telephone conference, zoom conference or in one of our three offices (Melbourne, Kissimmee and soon Clearwater!). Simply let us know your preferred option.

       

      Slonim Law: Melbourne’s Best Medicaid Attorneys

      May 11th, 2021|

      Here at Slonim Law we strive to assist you in many Elder Law Matters, but Medicaid Planning is a tricky avenue that we tackle head on. This process is made easy and smooth to navigate by our staff and we look forward to helping you and your family with this process. Here are a few tips and FAQs to check over when seeking help with a Medicaid Matter.

      Always call the office and set up an initial consultation.

      You can reach our office manager, Barbara, at 321-757-5701. She can set you up with a telephone conference, zoom conference or in office visit at our Melbourne or Kissimmee Locations (and soon, Clearwater!).

      You must be eligible for Medicaid.

      To be eligible for the Medicaid Institutional Care Program, an applicant needs to satisfy the following:

      • U.S. Citizen (or Legal Permanent Resident, 5 years or more)
      • Florida Resident
      • Aged, Blind, or Disabled
      • Placed in a Medicaid Approved Skilled Nursing Facility
      • Receiving 24 hours a day/7 days a week Skilled Care (Intermediate I or II Skilled Care) and must be and an appropriate placement
      • Must have applied for all benefits available (VA benefits, etc.)

      How long does it typically take to be approved for Medicaid?

      This varies depending on the financial status of the individual. Technically, once the applicant files the application, the Department of Children and Families (DCF) must “process” the application within 30 days after the date of application, but has up to 90 days to determine eligibility. This may be extended for a variety of reasons, not the least of which being preparing an applicant to file the initial application to appealing an unreasonable denial by DCF.
      KFF: Medicaid enrollment down in 2019 and expected to be flat in 2020 | FierceHealthcare
      Giving general rules for so-called “Medicaid planning” is difficult because every client’s case is different.

      Some have more savings or income than others. Some are married, others are single. Some have family support, others do not. Some own their own homes, some rent. Still, a number of basic strategies and tools are typically used in Medicaid planning. This is where the experts at Slonim Law come in. We are here to make this process as simple as possible. We look forward to helping you achieve your Medicaid goals soon.

      You can find more information regarding Florida Medicaid here. This directs you to the Florida Department of Children and Families and is a wonderful resource to look over while you are preparing for your initial consultation.

      Have more questions? Contact Us at Slonim Law and we will gladly help!