What does one do if a loved one has passed with no will or trust?

Yes, someone can contest a will or trust , but there are legal requirements and limitations. Here's a breakdown: Who Can Contest a Will or Trust? Generally, only people who have legal standing can contest: Heirs (like children or spouses) Beneficiaries named in the current or prior versions of the document Anyone who would inherit under intestacy laws if the will/trust were invalid Common Grounds to Contest A person must show legal reasons. Common grounds include: Lack of capacity The person who made the will/trust wasn’t mentally competent at the time. Undue influence Someone pressured or manipulated the person into changing their estate plan. Fraud The will/trust was signed based on lies or deception. Improper execution The document doesn’t meet legal requirements (e.g., not properly witnessed). Forgery The signature is fake or the document was altered. Time Limits (Statutes of Limitations) Timeframes vary by jurisdiction: Wills : Often must be contested shortly after probate starts (e.g., 30 to 120 days). Trusts : Deadlines can vary, often triggered when a trustee notifies beneficiaries. What Happens If a Contest Succeeds? The court may declare the will/trust invalid. The estate may pass according to a prior valid will or state intestacy laws. Note on "No-Contest Clauses" Some wills/trusts have a "no-contest clause" (also called in terrorem clauses). These threaten to disinherit anyone who contests the document—unless they have probable cause . Not all states enforce these clauses. If you think you have a reason to contest a will or trust, it’s best to speak to a probate or estate attorney right away—deadlines can be strict, and the process is legally complex. To learn more, call Ruth at Rhodes Law, P.A. at 321-610-4542 and schedule your consultation!

Medicare and Medicaid are both government-run health insurance programs in the U.S., but they serve different groups and are funded differently: Medicare - Who it's for: Primarily for people 65 and older, and some younger people with disabilities or end-stage renal disease. - Funded by : Federal government , through payroll taxes, premiums, and general revenue. - Coverage : Includes hospital care (Part A), medical services (Part B), and optional prescription drug coverage (Part D). Private Medicare Advantage plans (Part C) are also available. Medicaid Who it's for : People of any age with low income , including children, pregnant women, elderly adults, and people with disabilities. Funded by : Jointly by federal and state governments. States run their own programs with federal guidelines. Coverage : Broader than Medicare in many cases, often including things like long-term care, dental, and vision services. In short: Medicare = Age-based or disability-based, federal program. Medicaid = Income-based, state and federal program. Medicaid is usually low-cost or free , but costs can vary depending on your state, income, and the type of services you use. Here's a general breakdown: For Most People No monthly premiums Very low or no copays No deductibles In Some States Higher-income enrollees (still within Medicaid limits) may have: Modest monthly premiums (typically under $50) Small copays (often $1–$4 per visit or prescriptions For Long-Term Care (like nursing homes) Medicaid may require you to spend down assets or contribute most of your monthly income toward your care, depending on your financial situation. Special Programs: Children (CHIP or Medicaid) : Often completely free. Pregnant women and people with disabilities : Usually receive coverage with little to no cost. Engaging in Medicaid planning well in advance can significantly enhance peace of mind for individuals and their families, ensuring they make informed decisions that align with their long-term goals. Legal and financial advice may be needed to effectively manage an individual’s estate. Creating trusts, gifting assets, or employing spend-down strategies are often utilized to align with Medicaid’s requirements. At Rhodes Law, P.A. , Ruth will advise you how to qualify, obtain and maintain Medicaid benefits. Call our office at (321) 610-4542 and schedule your consultation today!