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Feb 23
2012

Veterans exemptions available to property owners of Sarasota County, Florida by Babette B. Bach, Esquire

Posted by Bach Elder Law in real estate lawyer sarasota , real estate attorney sarasota , estate planning in florida , estate planning attorney sarasota , elderlaw in florida , elder law attorneys sarasota

Sarasota County property owners need to remember that they may qualify for exemptions if they are disabled veterans.

  • There are three types of exemptions available to Veterans:
    • Service Connected Disability Exemption - $5,000
      • You must be a permanent resident of the state of Florida and a Veteran
      • Veterans entitled must submit VA Letter #27-125 stating that they have a permanent disability to a degree of 10% or more
        • Contact Department of Veterans Affairs at (800) 827-1000 to request this form.
      • A spouse of a deceased honorably discharged Veteran who was married for a minimum of 5 years is also eligible
    • Total and Permanent Disability Exemption (Service Connected) - Ad Valorem Taxes Waived
      • Available to any honorably discharged veteran and deemed totally and permanently disabled, surviving spouse of the disabled veteran, and spouse of the veteran who died from service connected causes while on duty.
      • Veteran must be a permanent resident of State of Florida or have been so at the time of death and veteran or surviving spouse must own and occupy property in Sarasota County as their permanent residences as of January 1st of the year for which the exemption is being filed.
    • Disabled Veteran's Property Tax Discount - % Discount
      • Available to any honorably discharged veteran who is at least 65 years old and is deemed to be totally and permanently disabled to a degree of 10% or more. 
      • All or portion of such disability must have been combat related and the veteran must have been a resident of Florida at the time of entering the military.
      • Veteran must own and occupy property in Sarasota County as their permanent residence as of January 1st of the year for which the exemption is being filed.
  • See www.sc-pa.com/content/veterans.asp for additional requirements and for complete explanation of each exemption or contact the Sarasota County Property Appraiser's office at (941) 861-8200.

Bach & Jacobs, P.A.
Babette B. Bach, Esquire, Board Certified Elder Law
Fredric C. Jacobs, Esquire, Board Certified Tax Law
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
(941) 906-1231
www.bachjacobs.com

Feb 16
2012

Deductibility of Long-Term Care Insurance Policies by Babette B. Bach, Esquire

Posted by Bach Elder Law in the tax law in florida , tax attorneys sarasota , medicaid in florida , medicaid attorney sarasota , medicaid attorney in florida , irs attorney sarasota , elderlaw in florida , elder law attorneys sarasota , elder care attorney sarasota

    There are substantial tax deductions for long-term care insurance premiums paid in 2011.  When preparing your 2011 tax returns remember that:

             Premiums for "qualified" long-term care policies will be treated as a medical expense and will be deductible to the extent that they, along with other unreimbursed medical expenses (including "Medigap" insurance premiums), exceed 7.5 percent of the insured's adjusted gross income. If you are self-employed, the rules are a little different. You can take the amount of the premium as a deduction as long as it does not exceed your net income derived from the self employment minus the deduction for 50% of the self employment tax and any deductions for contributions to qualified retirement plans or SEPS. Your medical expenses do not have to exceed 7.5 percent of your income if you are employed.

     The deductibility of premiums is limited by the age of the taxpayer at the end of the year, as follows (the limits will be adjusted annually with inflation):

 

Amount Allowed as a Medical Expense in:

 
Age attained before the end of the taxable year 2011 2012
40 or under $340 $350
41-50 $640 $660
51-60 $1,270 $1,310
61-70 $3,390 $3,500
71 or older $4,240 $4,370

Bach & Jacobs, P.A.
Babette B. Bach, Esquire, Board Certified Elder Law
Fredric C. Jacobs, Esquire, Board Certified Tax Law
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
(941) 906-1231
www.bachjacobs.com

Feb 09
2012

Probating a Lost Will in Florida by Babette B. Bach, Esquire

Posted by Bach Elder Law in probate attorney sarasota , probate attorney in florida , probate attorney bradenton , estate planning in florida , estate planning attorney in sarasota , estate lawyer in florida , elderlaw in florida , elder law attorneys sarasota

  Often family members are given copies of wills for safekeeping, but trouble arises when someone dies and the original will is lost.  In Florida, when an original will is known to have existed but can not be located, there is a presumption that the person destroyed the will with the intent to revoke it.  Therefore, a party probating a lost will must present evidence at a hearing to overcome this presumption.  Don’t panic, as it is possible in most cases to overcome this presumption.

 

     Florida courts will allow testimony at a hearing from a disinterested witness to prove the execution and contents of a lost will.  If there is an exact copy of the lost original will, the testimony of only one witness to the will execution is required.  However, an unsigned draft of a will does not constitute an exact copy.  If there is no exact copy of a signed will, then the testimony of two disinterested witnesses are required to prove the execution and content of the document.  In every case, a hearing is required in order to satisfy the requirements of Florida Statute 733.207 and relevant Florida case law.  

Contact the law firm of Bach & Jacobs, P.A. for an initial consultation. 
Babette B. Bach, Esquire, Board Certified Elder Law
Fredric C. Jacobs, Esquire, Board Certified Tax Law
240 S. Pineapple Avenue, Suite 700
Sarasota, FL 34236
(941) 906-1231
www.bachjacobs.com

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