Bach & Jacobs, P.A. is pleased to announce that Sean M. Byrne will be joining the firm this summer.

Mr. Byrne's practice focuses on trust & estate planning, probate, guardianship, and elder law litigation. Mr. Byrne begins with Bach & Jacobs on July 22. Prior to joining Bach & Jacobs, Sean was the in-house counsel for the Conservation Foundation of the Gulf Coast where he provided options to landowners, high net worth individuals, and their financial advisors seeking to reduce federal income taxes and local property taxes through land conservation and philanthropy. Sean will continue to represent parties to real estate transactions involving environmentally sensitive lands.

Mr. Byrne is a member of the Florida Bar, the American Bar Association, the Southwest Florida Estate Planning Counsel, the Sarasota County Bar Association and the Young Lawyers Division. He is a graduate of Leadership Sarasota County and is the founder of the nationwide Next Generation Conservation Attorneys network, currently sponsored by the national Land Trust Alliance.

“Sean combines a sharp legal mind and a diligent work ethic with his genuine concern for senior citizens and their families. He will be an outstanding addition to our strong team of professionals who put our clients’ interests at the heart of everything we do,” said Babette B. Bach, founder of Bach & Jacobs and a Board certified attorney by both the Florida Bar and the National Academy of Elder Law Attorneys (CELA).

Bach & Jacobs practices estate planning, probate, guardianships, tax and business law, Medicaid, VA benefits and land conservation transactions.

Sean M. Byrne can be reached at (941) 906-1231 or at This email address is being protected from spambots. You need JavaScript enabled to view it. .

by Babette Bach

THE PROBATE & PUMPERNICKEL LUNCHEON

A Continuing Education Forum For Attorneys and CPA's

LOCATION: The Francis- 1262 N. Palm Avenue, Sarasota, FL 34236

DATE: May 23, 2013

TIME: 11:45 AM- 1:30 PM

TOPIC: Some Federal Income Tax Issues Frequently Affecting Elderly Clients

PRESENTED BY: Fredric C. Jacobs, Esq. L.L.M.--Bach & Jacobs, P.A.

Respond  on or before May 19, 2013.  Call Lisa Aaron, Probate and Pumpernickel Coordinator, at 561-803-2007. The above qualifies for CLER and/or Board Certification Credits.

by Babette Bach

Babette Bach is a Florida Board Certified Elder Law attorney and the founder of BACH & JACOBS, P.A. Babette is nationally certified as an Elder Law Expert by the National Elder Law Foundation. Her practice specializes in the legal needs of the mature or disabled client, including Medicaid planning, Probate and Estate Planning, Disability Planning, Guardianships and Special Needs Trusts.

She has been selected for inclusion on the Florida Super Lawyers from 2010 through 2013 and she is an AV rated attorney by Martindale Hubble. Babette has been recognized by the members of the Florida Bar and featured in Florida Trend magazine as a Florida Legal Elite honoree. In November 2012, she was honored by Sarasota Magazine as a Sarasota/Manatee County Top Lawyer.

Babette is the Past Chair of the Elder Law Section of the Florida Bar (2009-2010) and a past board member of the Gulf Coast Chapter of the Alzheimer’s Association (2005-2011). She was the co-chair of a joint committee of Health Law attorneys and Elder Law attorneys studying the Obama health law reforms of 2010 (Affordable Care Act).

In July 2012, Babette filed a class action law suit as co-counsel against Bank of America for unlawful banking practices on behalf of a class of all individuals in the State of Florida having a mortgage with an escrow account with Bank of America for the years 2007 to 2012. The matter is now pending in the 12th Judicial Circuit. In 2003, Babette was co-counsel in Gerkin v. Reiger/Levine. This was a landmark civil rights class action lawsuit in Federal District Court, Middle District, Florida. As a result of this lawsuit, the State of Florida was forced to change the Medicaid policy in 2004 to provide for coverage of all uninsured medical benefits to over 45,000 Medicaid recipients residing in nursing homes. This new benefit was funded by the Florida legislature with an appropriation of 52 million dollars in 2004. The program has remained funded continuously since 2004.

Her community service includes a lifetime commitment to improving access to health care and legal services. She helped found the Michael C. Bach, M.D. Treatment Center for the care and treatment of indigent AIDS patients in Manatee County and the AIDS Project in Portland, Maine. Babette is fluent in French.

Babette continues to actively lecture and publish in her fields. She loves her work.

If you need legal advice for estate planning, Asset Protection Planning, or tax planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

by Babette Bach

Posted by Fredric C. Jacobs, Esquire-Sarasota, FL

Yes, a child can deduct medical expenses they paid on behalf of their parent (even if the parent doesn't qualify as one of their dependents, doesn't live with them and has a gross income that exceeds $3,800 for tax year 2012) if the child provided over half of the parent's total support during the tax year. Assuming that the child paid more than 50% of their parent's total support during this tax year, then the medical expenses paid on the parent's behalf in excess of 7.5% of the child's Adjusted Gross Income (AGI) are deductible on the child's individual income tax returns as itemized deductions.

If you need legal advice for estate planning, Asset Protection Planning, or tax planning, please contact our office for an initial consultation.

Fredric C. Jacobs, Esquire, Board Certified Tax Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

by Babette Bach

Learn a bit about what we can do for you.

by Babette Bach

Posted by Babette B. Bach, Esq.-Sarasota, FL

A Florida Senate committee voted yesterday, March 11, 2013, aganist expanding Medicaid to roughly 1 million of the state's poorest under the federal health overhaul and instead proposed a voucher plan that would require patients to pay premiums and co-pays. 

Chairman Senator Joe Negron wants the state to create its own health insurance plan for the expanded Medicaid population and require recipients to pay a sliding scale premium based on their income.  Howver, he has admitted that this may take years to implement whereas the federal proposal is ready to begin January 1, 2014. 

For now the issue is completly muddled and will need to be closly followed.

Bach & Jacobs, P.A.

240 S. Pineapple Avenue Suite 700

Sarasota, FL 34236

941-906-1231

www.bachjacobs.com

Posted by Babette B. Bach, Esquire- Sarasota, FL

The Florida Senate Select Committee which will make recommendations on how to implement the Affordable Care Act meets March 11, 2013 to discuss Medicaid expansion. A House select committee has already voted not to recommend lowering income eligibility and extending coverage to childless adults in the joint federal-state health plan for the poor.

Lawmakers also have to decide how to reconcile the state insurance code with the ACA and whether to set up an online insurance exchange, but expansion seems to generate the most interest and passion from residents and lawmakers.

State economists Thursday said it would cost about $5.2 billion over the next decade to implement the ACA. That number includes $3.5 billion to expand Medicaid coverage to nearly 1 million Floridians. The latest Office of Economic and Demographic Research projection also states that Florida would draw down more than $51 billion in federal subsidies over 10 years to expand Medicaid.

The Senate Select Committee will meet Monday at 1:00 p.m. in room 412 of the Knott Building.

If you need legal advice for Estate planning, Asset Protection Planning, Medicaid or Medicare planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

by Babette Bach

Posted by Babette B. Bach, Esquire-Sarasota, FL

The Department of Veterans Affairs (VA) may provide long-term care for service-related disabilities and for certain eligible veterans. The V.A. provides nursing home and other long-term care — the V.A. calls it "extended care" — for many veterans. Nursing home care can be provided in VA or private nursing homes for veterans who are in need of care, but are not acutely ill and not in need of hospital care. Priority is given to veterans with service-connected disabilities. If space and resources are available, other veterans may be considered. Veterans who do not have service-connected disabilities for which they're entitled to compensation must agree to make a co-payment. They furnish a financial statement, and VA establishes a co-payment based on that information. There usually is a wait list for VA nursing homes.

If you need legal advice for VA planning, estate planning, Medicare, or Medicaid planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esq.- Sarasota, FL

Babette Bach will be the keynote speaker for a seminar March 15, 2013 at the Palm Aire Country Club in Sarasota. Topics will include estate planning and the basic recommended documents to have in place, Medicare and Medicaid Planning.

Ms. Bach is looking forward to speaking to the members of the woman’s club on such an important topic. She appreciates the invite to lecture.

If you need legal advice for Estate Planning, Medicare, Medicaid planning, or VA planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esquire- Sarasota, FL

Beginning February 16, 2013 the federally run Pre-Existing Condition Plan (PCIP) is suspending acceptance of new enrollment applications until further notice. State-based PCIPs may continue accepting enrollment applications through March 2, 2013, and then will suspend applications until further notice. PCIP will continue providing coverage to more than 100,000 people currently enrolled nationwide. We encourage you to visit http://finder.healthcare.gov to explore your health care options.

If you need legal advice for Estate planning, Asset Protection Planning, Medicaid or Medicare planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esq.- Sarasota, FL

Babette Bach will be the keynote speaker for a seminar March 20, 2013 at the Jewish Foundation in Sarasota. Topics will include estate planning and the basic recommended documents to have in place, Medicare and Medicaid Planning.

Ms. Bach is looking forward to speaking to the members of the community on such an important topic. She appreciates the invite to lecture.

If you need legal advice for estate planning, Medicare, Medicaid planning, or VA planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

by Babette Bach

Posted by Babette B. Bach, Esquire- Sarasota, FL

Starting next year, the Affordable Care Act guarantees that all Americans, regardless of their health status or pre-exisiting conditions, will finally have access to quality, affordable coverage. People will be able to apply for affordable health insurance coverage choices in health insurance marketplaces when open enrollment begins October 1, 2013. Coverage begins on January 1, 2014. Visit www.healthcare.gov to learn more about the Marketplace.

If you need legal advice for Estate planning, Asset Protection Planning, Medicaid or Medicare planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Fredric C. Jacobs, Esquire- Sarasota, FL

An amended tax return generally allows you to file again to correct your filing status, your income or to add deductions or credits you may have missed.

Here are nine points the IRS wants you to know about amending your federal income tax return.

1. Use Form 1040X, Amended U.S. Individual Income Tax Return, to file an amended income tax return.

2. Use Form 1040X to correct previously filed Forms 1040, 1040A or 1040EZ. An amended return cannot be filed electronically, you must file it by paper.

3. Generally, you do not need to file an amended return due to math errors. The IRS will automatically make that correction. Also, do not file an amended return because you forgot to attach tax forms such as W-2s or schedules. The IRS normally will send a request asking for those.

4. Be sure to enter the year of the return you are amending at the top of Form 1040X. Generally, you must file Form 1040X within three years from the date you filed your original return or within two years from the date you paid the tax, whichever is later.

5. If you are amending more than one tax return, prepare a 1040X for each year and mail them in separate envelopes to the appropriate IRS campus. The 1040X instructions list the addresses for the campuses.

6. If the changes involve another schedule or form, you must attach that schedule or form to the amended return.

7. If you are filing to claim an additional refund, wait until you have received your original refund before filing Form 1040X. You may cash that check while waiting for any additional refund.

8. If you owe additional tax, file Form 1040X and pay the tax as soon as possible to limit interest and penalty charges that could accrue on your account. An extension to file a return does not extend the obligation to pay taxes due. Interest is charged on any tax not paid by the due date of the original return, without regard to filing extensions.

9. Your state tax liability may be affected by a change made on your federal return. For information on how to correct your state tax return, contact your state tax agency.

For more information on your tax return and charitable donations, visit www.irs.gov. Please contact our office for an initial consultation if you need legal advice.

Fredric C. Jacobs, Esquire, Board Certified Tax Law

240 S. Pineapple Avenue, Suite 700 .

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

Posted by Babette B. Bach, Esquire- Sarasota, FL

The minimum income required to file a Federal tax return for 2012 depends on your income, age and filing status. If you earned below the minimum income levels listed below, you are not required to file a Federal tax return.

Filing Status               Age                                        Minimum Income Requirement

Single                      Under 65                                                $9,750

                               65 or older                                              $11,200

Head of Household Under 65                                                $12,500

                             65 or older                                               $13,950

Married Filing Jointly Under 65 (both spouses)                     $19,500

                          65 or older (one spouse)                            $20,650

                          65 or older (both spouses)                         $21,800

Married Filing Separately    Any age                                    $3,800

Qualifying Widow(er) with Dependent Children Under 65     $15,700

                                      65 or older                                     $16,850

There are several reasons why you may want to file a tax return even if you do not meet the minimum income requirements:

• If you had taxes withheld from your pay, you must file a tax return to receive a tax refund.

• If you qualify, you must file a return to receive the refundable Earned Income Tax Credit.

• If you are claiming education credits, you must file to be refunded the American Opportunity Credit.

• If you have a qualifying child but owe no tax, you can file to be refunded the Additional Child Tax Credit.

• If you qualify, you must file to claim the refundable Health Coverage Tax Credit.

• If you adopted a qualifying child, you must file to claim the Adoption Tax Credit.

• If you qualify, you must file to claim the Credit for Prior Year Minimum Tax.

• If you overpaid estimated tax or applied a prior year overpayment to this year, you must file to receive the refund

. If you need legal advice for Tax planning, Asset Protection Planning, or Estate planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esquire- Sarasota, FL

Two years after Governor Scott and the Florida Legislature approved a plan to place 3 million Medicaid patients with for-profit health care management companies, the federal government has given the go-ahead for one segment of the plan. Nursing home residents on Medicaid will be enrolled into managed care this year. The HMO will have a financial incentive to move patients out of skilled care into assisted living or back to their homes with some limited home care.

Supporters of the change to long-term care have promised savings of up to 30 percent, under the theory that home care will be less costly than skilled nursing facilities.

According to a rollout schedule recently announced, the state Agency for Healthcare Administration will first implement the transition for elderly long-term care patients in Sarasota and Charlotte counties in September 2012 and to Manatee County in March 2014.

The law calls for transitioning all Medicaid beneficiaries into privatized plans, including individuals now in assisted living or at home on Medicaid.

The number of Medicaid patients enrolled in for-profit managed care groups has quietly expanded since the 1990s as states looked at this approach in the hopes of keeping a lid on costs. Advocates for the elderly are concerned that profits may trump good sense in evaluating which patients continue to need costly skilled care and which are appropriate to be transitioned to assisted living or home care.

If you need legal advice for Medicaid planning, Asset Protection Planning, or estate planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esquire- Sarasota, FL

The American Taxpayer Relief Act of 2012 was enacted January 2, 2013. The Act has some notable changes in estate tax planning and answers some important questions. It confirms the following:

• Applicable exclusion amount per individual increased from $5,000,000 to $5,250,000

• Maximum tax rate increases from 35% to 40%

• GST exemption increased from $5,000,000 to $5,250,000

• Annual Gift exclsuion has increased from $13,000 to $14,000

• Maximum lifetime gifting has increased from $5,000,000 to $5,250,000 Many clients with estates less than $5,250,000 (single person) or $10,500,000 (marries couple) may now be able to simplify their old estate planning documents to delete cumbersome tax planning that is no longer needed. Single clients with estates over $5,250,000 and married clients with estates over $10,500,000 should consider tax planning.

If you need legal advice for estate planning, Asset Protection Planning, or tax planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esquire- Sarasota, FL

Effective March 1, 2013, everyone receiving federal benefits by paper check will need to switch to electronic payments - direct deposit to a bank or credit union account or to a Direct Express debit card issued by the government. Social Security, SSI, VA, Railroad and all other non-tax federal payments apply to this new rule.

The benefits of using electronic payments are:

• There are no checks to be lost or stolen.

• You'll get your benefits on time, even if you're out of town, sick or unable to get to the bank.

• Both you and your money are safe.

In addition to being safe and convenient for beneficiaries, electronic payments are more efficient and cost effective for the government because they cost less than preparing and mailing monthly checks. The government doesn't have to pay to replace checks that are lost, stolen or missing.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esquire- Sarasota, FL

Beginning March 1, 2013, beneficiaries of government benefits are required to have their funds directly deposited into a bank account or they can receive funds through a Direct Express Mastercard issued directly from the government through Comerica Bank.

Signing up for the Direct Express card is easy. Call 1-800-333-1795 or go online to www.godirect.org.

The card will allow beneficiaries access to their funds by making purchases or withdrawals at ATMs. The card has no sign-up fee, no monthly fee and no overdraft charges. There is no fee for teller transactions and beneficiaries can access more than 50,000 participating ATM machines once monthly at no charge.

This new law will save the government a considerable amount of money. It costs $0.92 more to issue a paper check than it does to process funds electronically. There is also less risk of funds being lost or stolen.

Automatic waivers of this new electronic mandate are granted to those beneficiaries born on or before May 1, 1921.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

Posted by Babette B. Bach, Esquire- Sarasota, FL

In September 2012, there was a change in the POMS prohibiting Special Needs Trustees from being able to reimburse family members for travel to visit a beneficiary. This change stated that a Special Needs Trust document that states that the trust funds can be used to reimburse family members visiting a beneficiary would cause the trust to violate the sole-benefit rule (and make the trust a countable resource). It also prohibited payment of travel expenses to a companion assisting the beneficiary in travel.

Fortunately, on December 18, 2012 the Social Security Administration published yet another change to the POMS which removed the two previously added examples. Special Needs Trusts can once again pay for travel of family members visiting the beneficiary and companion travel fees for assisting the beneficiary with their traveling.

If you need legal advice for estate planning, Asset Protection Planning, Medicaid or planning, please contact our office for an initial consultation.

Babette B. Bach, Esquire, Board Certified Elder Law

Bach & Jacobs, P.A.

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com

The Internal Revenue Service released updated income tax withholding tables for 2013 reflecting changes made by Congress.

The updated tables, issued after President Obama signed the changes into law, show the new rates in effect for 2013 and supersede the tables issued on December 31, 2012. The newly revised version of Notice 1036 contains the income-tax withholding tables and related information that employers need to implement these changes.

Employers should also begin withholding Social Security tax at the rate of 6.2 percent of wages paid following the expiration of the temporary two-percentage-point payroll tax cut in effect for 2011 and 2012.

Employers should start using these withholding tables and correct the amount of Social Security tax withheld as soon as possible, but not later than February 15, 2013. For any Social Security tax under-withheld before that date, employers should make the appropriate adjustment in workers’ net pay as soon as possible, but not later than March 31, 2013.

Employers and payroll companies will handle the withholding changes, so workers typically won’t need to take any additional action, such as filling out a new W-4 withholding form.

For more information on your tax return, visit www.irs.gov. Please contact our office for an initial consultation if you need legal advice.

Fredric C. Jacobs, Esquire, Board Certified Tax Law

240 S. Pineapple Avenue, Suite 700

Sarasota, FL 34236

941-906-1231

941-954-1185 facsimile

www.bachjacobs.com