Medicaid Planning for Florida

Medicaid Planning
for Florida

Medicaid is a government program that pays for medical expenses for certain individuals who meet the eligibility criteria. Unlike Medicare, the recipient must prove that she or he has limited assets and income by which to pay for medical services. For this reason, many Florida residents believe they do not qualify for Medicaid and yet lack the resources to pay the excessive costs of long-term care.

Walser & Herman Law Firm has successfully dealt with this catch-22 for more than 30 years. Our Palm Beach Gardens Medicaid attorneys assist Florida residents in creating a viable plan to pay for long-term care without jeopardizing their financial security. Through a variety of long-term care and estate planning tools, we are often able to legally qualify our clients for Medicaid to pay the extraordinary costs associated with life-long medical treatment.

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Medicaid Eligibility in Florida

Medicaid is a Florida program that pays medical expenses and nursing services for low-income families. The federal government then reimburses the state for 50 to 80 percent of payments made under the Medicaid program. To qualify for Florida Medicaid, you must pass both the income and the asset tests.

Income Test to Qualify for Medicaid

Florida is an Income Cap state, which disqualifies a person whose income exceeds the statutory amount — approximately $2,000 per month gross. The income test bases calculations on the applicant’s income, not including the spouse’s income, before taxes and deductions. Fortunately, you may still qualify even if your income exceeds the minimum allowable amount.

For example, our attorneys explore use of the Qualified Income Trust (QIT) — also called a Miller Trust — that allows you to qualify for Medicaid and pay costs not covered under the program. Only the income you receive outside the QIT is counted toward Medicaid eligibility; you contribute the remainder of your income above the statutory amount to the QIT. The QIT funds may be used to pay amounts attributed to patient responsibility that Medicaid does not cover.

Asset Test for
Medicaid Eligibility

Florida sets the very low threshold of $2,000 in countable assets for an applicant to qualify for Medicaid. The key term here is “countable assets.” You may still own substantial excluded assets, including:

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Homestead
Your home is not counted as long as your spouse or dependents continue to live there or if you plan to return home in the future.

Annuities
You can place your assets in annuities that meet Medicaid specifications that remove them from the asset test calculations.

Vehicle
One car or truck is excluded, regardless of its age, plus one more vehicle that is at least seven years old and is not classified as luxury, antique or custom.

Businesses
Most income-generating businesses are considered excludable from the asset test, a rule that recognizes that business operations permit a patient to pay for her or his health care.

Retirement savings
Properly structured retirement accounts are excluded from the asset test, but distributions may be counted toward the income test.

Pre-paid burial and funeral funds
You can pay in advance for burial and funeral expenses under an irrevocable contract or through deposits in a special burial bank account.

Unfortunately, because of the rapidly increasing costs of health care, many families who do not qualify for Medicaid may not be able to afford to pay for needed services otherwise. Walser & Herman Law Firm helps you maintain Medicaid eligibility in Florida to protect your future and your family.

Qualify for Florida Medicaid
to Pay for Nursing Home Services

Walser & Herman Law Firm advises on Medicaid eligibility and planning. Call our Boca Raton main office or our Palm Beach office at 561.750.1040 or send us an email to schedule a consultation with our estate and care planning attorneys.

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Our Team

Our experienced team of attorneys is here to help you navigate your estate plan and the Florida probate process.

Thomas C. Walser, JD, LLM

Partner/Attorney

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Thomas C. Walser, JD, LLM

Partner/Attorney

Originating from Minnesota, Thomas C. Walser received his Bachelors of Science (B.S.) in Accounting from the Mankato State University, Minnesota in 1972. He obtained a Juris Doctor (J.D.) from the University of Minnesota Law School in 1976. Thomas C. Walser, as founder of the Walser & Herman Law Firm has committed himself and his career to the field of trust and estates, exemplified by attaining an LLM or graduate law degree in the area of estate planning from the University of Miami School of Law, Heckerling Institute, graduating in 1983. The Heckerling Institute on Estate Planning is often regarded as one of the most prestigious and renowned programs specializing in the area of trust and estates.

Mr. Walser is a former CPA who has practiced tax law for over 35 years. He began his professional career as a tax accountant in 1975, serving in the tax department of Touché Ross & Co., one of the big eight accounting firms in Minneapolis, Minnesota. In 1979 he was employed in the legal department of United Air Lines, Chicago, Illinois. While at United Air Lines, he provided legal, tax and pension services to United Air Lines and its parent holding company, UAL, Inc. In 1977 he accepted a position as International Tax Attorney in the International Tax Department of McDermott, Inc., where he traveled extensively to the Middle East, India, Mexico and Europe, dealing with area management, foreign advisors, and foreign tax authorities.

Mr. Walser has been in private practice in Florida since 1983. His law practice includes the areas of wills, trusts, probate and estate planning. His tax practice includes individual, corporation and partnership income taxation, estate tax planning and the preparation of all applicable income tax returns.

Christa W. Herman, Esq.

Partner/Attorney

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Christa W. Herman, Esq.

Partner/Attorney

Christa W. Herman was born in Atlanta, Georgia and raised in Canton, Georgia. She received her undergraduate degree from Berry College located in Rome, Georgia, in 2008, where she graduated with a Bachelor’s of Science (B.S.) in Finance along with a minor in music.

Mrs. Herman relocated to Ft. Lauderdale, Florida in 2009 to attend Nova Southeastern University, Shepard Broad Law Center, where she obtained her juris doctorate (JD) in 2012. Mrs. Herman was admitted to practice law in Florida in July 2012.

Prior to attending law school, Mrs. Herman worked as an Intern with Sellers & Warren, P.A., Attorneys at Law-Real Estate Closing Attorneys in Woodstock, Georgia, and as a Legal Administrative Assistant at The Mason Law Firm, LLC, Counselors At Law-Trial Attorneys and Mediators in Canton, Georgia. In 2011, Mrs. Herman joined The Law Office of Mitchell I. Kitroser, P.A. in Palm Beach Gardens, Florida as a Law Clerk, and continued to work there as an Associate Attorney until May 2013. Mrs. Herman started working with the Walser & Herman Law Firm in May 2013 as an Associate Attorney. She practices in a variety of law fields, including Estate Planning, Special Needs Planning, Medicaid Planning, Guardianship, and Probate and Trust Administration.

Mrs. Herman is a member of the Buddy Walk Committee for the Gold Coast Down Syndrome Organization located in Boynton Beach, FL, and a volunteer with the Els for Autism Foundation located in Jupiter, FL. In addition to her parents, Mrs. Herman has a younger brother, with Down Syndrome, and a younger sister. Growing up in a supportive and diverse family environment has greatly influenced Mrs. Herman’s involvement with special needs individuals. She is passionate about providing legal services in a timely, caring, and professional manner in order to meet the needs of today’s families. Mrs. Herman lives in Jupiter, FL with her loving husband and fellow attorney, Michael Herman, Jr.

Jay L. Kauffman, Esq.

Of Counsel

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Jay L. Kauffman, Esq.

Of Counsel

Jay Kauffman represents individuals and families in prosecuting and defending claims regarding estates, trusts and guardianships, including disputes over: the validity and construction of testamentary documents and advanced directives; the modification or reformation of estate plans; the inclusion or exclusion of assets in estates or trusts; the validity of purported gifts; the mental capacity of alleged incapacitated persons; the existence and sufficiency of lesser restrictive alternatives to guardianship; the appointment of guardians; breaches of fiduciary duty in the administration of estates, trusts and guardianships; and tortious interference with expectancies.

Mr. Kauffman also represents fiduciaries in the efficient administration of estates, trusts and guardianships. Mr. Kauffman has represented clients primarily in Florida’s Palm Beach and Broward Counties in such matters for more almost 20 years. Prior to that, he wrote and negotiated contracts for a telecommunications company and litigated commercial cases.

Mr. Kauffman is a graduate of Rutgers College, Rutgers University (B.A. with Honors in Economics,1993) and The University of Texas School of Law (J.D., 1996). He has been admitted to the Florida Bar since 1996.

Mr. Kauffman co-authored the following published legal authorities:

Chapter 4, Rights of the Surviving Family, Litigation Under Florida Probate Code, 5th edition (2005), 6th edition (2007) and 7th edition (2009);

Chapter 14 Appellate Practice In Probate, Litigation Under Florida Probate Code, 5th edition (2005), 6th edition (2007) and 7th edition (2009);

Chapter 3, Jurisdiction, Practice Under Florida Probate Code, 4th edition (2006), 5th edition (2008), 6th edition (2010) ), 7th edition (2012), 8th edition (2014), 9th edition (2016), and 10th edition (2018);

Mr. Kauffman has also co-authored several Florida Bar Journal Articles regarding estate litigation.

Mr. Kauffman is currently a member of the Real Property, Probate and Trust Law (RPPTL), Elder Law, and Trial Law sections of the Florida Bar. He lives in Boynton Beach with his wife and two daughters.