Your Questions, Answered.

Yes — Medicaid is a government program that helps cover the cost of long-term care for individuals with limited income and assets. Medicare often covers short-term care but does not cover long-term nursing home stays. Medicaid is usually the solution for long-term care, though qualifying can be complex. We help families navigate Florida's Medicaid rules, income limits, and spend-down strategies across Miami-Dade, Broward, and Palm Beach counties.

In Florida (2026), a single individual must have less than $2,000 in countable assets and less than $2,982/month in income to qualify. For a married couple, the community spouse may keep up to $162,660 in assets (CSRA) plus the home, one car, and a minimum monthly income allowance. If income exceeds the limit, we can draft and fund a Qualified Income Trust (QIT/Miller Trust) to handle the excess.

Certain assets are exempt from Medicaid calculations in Florida, including your primary home (equity up to $752,000), one vehicle, personal belongings, prepaid burial plans, and life insurance with face value up to $2,500. Most other assets count — bank accounts, savings, investments, stocks, bonds, and investment properties.

Yes. Through Medicaid Asset Protection Trusts, Lady Bird Deeds, annuities, and other legal strategies, we help clients preserve their life savings while still qualifying for Medicaid-funded long-term care. The earlier you plan, the more options you have — contact us to learn more.

We can help. Through legal planning strategies, we can shelter assets and allow your loved one to qualify for Medicaid without spending down everything. Every case is different — contact us to discuss your specific situation.

A Lady Bird Deed (Enhanced Life Estate Deed) allows you to keep full control of your home during your lifetime while automatically transferring it to your chosen beneficiaries at death — avoiding probate and protecting the property from Medicaid estate recovery. It's a powerful and cost-effective tool for Florida homeowners.

The sooner the better. Florida Medicaid has a 5-year look-back period, meaning asset transfers made within 5 years of applying can result in penalties. Early planning gives you the most options for protecting your assets. If you or a loved one may need nursing home care in the future, we encourage you to schedule a complimentary paralegal call as soon as possible.

A will directs how your assets are distributed after death but must go through probate court — a process that can take months and become public record. A revocable living trust allows assets to pass directly to your beneficiaries without probate, saving time, cost, and keeping your affairs private.

A comprehensive Florida estate plan typically includes:

• Last Will and Testament
• Durable Power of Attorney
• Healthcare Surrogate Designation
• Living Will (Advance Directive)
• Revocable Living Trust (when appropriate)

We customize each plan to your family's goals and financial situation — never one-size-fits-all.

Yes — estate planning is about more than wealth. Anyone who has people they care about needs an estate plan. Without one, Florida courts may appoint someone you wouldn't have chosen to make decisions for you or your children. Documents like a Healthcare Surrogate and Living Will ensure your medical wishes are followed regardless of your financial situation.

A Durable Power of Attorney authorizes a trusted person to manage your financial affairs if you become incapacitated. Without one, your family may need to go to court to obtain a guardianship — a costly and time-consuming process. A properly drafted DPOA avoids this and gives you control over who makes decisions on your behalf.

If you die without a will in Florida — called dying "intestate" — Florida's intestacy laws determine who inherits your assets. This may not reflect your wishes at all. Assets typically pass to a spouse first, then children. Unmarried partners, close friends, and charities receive nothing. If you have minor children, a court will also decide who raises them rather than the guardian you would have chosen.

We recommend reviewing your estate plan every 3–5 years or whenever a major life event occurs — marriage, divorce, birth of a child or grandchild, death of a beneficiary, significant change in assets, or a move to a new state. Florida law changes periodically as well, which can affect existing documents.

At PKLaw, we charge flat fees — so you know your exact cost before you commit. No hourly billing, no surprise invoices. The cost depends on your situation, but we discuss everything upfront during your complimentary paralegal call. There is no obligation to proceed.

Absolutely — and it's especially important. Without proper planning, a surviving spouse could inherit everything and later leave it to their own children, unintentionally disinheriting yours. A well-structured estate plan ensures every family member — biological children, stepchildren, and your surviving spouse — is protected according to your wishes.

Probate is the court-supervised process of distributing a deceased person's estate. In Florida, formal probate typically takes 6–12 months, though complex estates can take longer. We guide families through every step — from filing the petition to final distribution — minimizing delays and stress.

Florida has five main types:

• Summary Administration — for estates under $150,000 or when the decedent has been deceased over two years
• Formal Administration — for larger estates requiring a court-appointed personal representative
• Testate Proceeding — when the person died with a will
• Intestate Proceeding — when the person died without a will; Florida law determines distribution
• Ancillary Administration — for non-Florida residents who owned Florida real estate

Assets titled solely in the deceased person's name with no beneficiary designation generally go through probate. Assets that avoid probate include jointly titled property, accounts with named beneficiaries (IRAs, life insurance), and assets held in a revocable living trust.

Yes — with proper estate planning. A revocable living trust is one of the most effective ways to avoid probate entirely, as trust assets pass directly to beneficiaries without court involvement. Other strategies include joint ownership, beneficiary designations, and Lady Bird Deeds for real property.

Florida probate costs vary depending on estate size and complexity. Attorney fees are often based on a statutory percentage of the estate value. Additional costs include court filing fees, publication fees, and appraisal fees. We provide a clear fee estimate at the outset so there are no surprises.

Trust administration is the process of distributing assets held in a trust after the trust creator passes away. Unlike probate, trust administration happens privately — without court involvement — and is typically faster and less expensive. As successor trustee, you have legal obligations to beneficiaries, and we help you fulfill them correctly under Florida law.

Asset protection planning uses legal strategies to shield your home, savings, business, and other assets from potential lawsuits, creditors, or nursing home costs. Florida offers some of the strongest asset protection laws in the country, including the homestead exemption and LLC protections. We help clients take advantage of these before a problem arises.

An LLC provides liability protection — meaning business creditors generally cannot pursue your personal assets. However, simply forming an LLC is not enough. You must maintain proper separation between business and personal finances, have a well-drafted operating agreement, and follow corporate formalities. We help business owners structure their entities correctly from the start.

Florida's homestead exemption provides strong protection — your primary residence cannot be seized by most creditors, regardless of its value. However, this protection has limits and does not apply in all situations. Additional strategies like homestead planning, LLCs, and irrevocable trusts may be appropriate depending on your circumstances.

The best time to start is before you have a legal problem. Asset protection strategies put in place after a lawsuit is filed may be challenged as fraudulent transfers. Early planning — ideally as part of your overall estate plan — gives you the most options and the strongest protection.

We focus exclusively on elder law and estate planning — it's all we do. Attorney Patricia Keyes holds both a J.D. and an LL.M. in Estate Planning, and our team includes experienced paralegals who specialize in Medicaid. We offer flat-fee pricing, bilingual services in English and Spanish, and a genuine commitment to protecting our clients' families and life savings.

Yes. We offer a complimentary paralegal call to discuss your estate planning, Medicaid, or probate needs. Our paralegal will review your situation and explain your options — at no obligation. Call us at (954) 233-0682 or use the contact form on our website to get started.

Sí, hablamos español. Our office is fully bilingual — we have Spanish-speaking staff who can assist clients throughout the estate planning, Medicaid planning, and probate process. Estate planning is deeply personal — you should never have to navigate it in a language that isn't yours.

We serve Miami-Dade, Broward, and Palm Beach counties. Our office is located in Plantation, FL (Broward County). We work with families throughout South Florida on estate planning, Medicaid planning, probate, and elder law matters.