Legal Question in Wills and Trusts in Florida

winning large sum of money eg. l5,000.00

senior ciitzen wins large sum of money & is on small SS and no other assests. Rental is based on SS income. Can the winnings be set up as in trust for (family relative) & who pays the taxes on it? Also. the medicare the senior is on is set up for medically needy based on their small income. Will that also be affected


Asked on 10/05/07, 9:25 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: winning large sum of money eg. l5,000.00

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You need to meet with a qualified elder law attorney who can review the specifics of your situation and provide you with a frank discussion regarding your legal rights and obligations. Sometimes winning or inheriting some monies can be more of a problem than ever anticipated.

Scott R. Jay, Esq.

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Answered on 10/07/07, 10:26 pm
Andrew Jackson, J.D., LL.M. Jackson Law Group, LL.M., P.A.

Re: winning large sum of money eg. l5,000.00

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Great question. The senior citizen likely cannot avoid taxes by setting up a trust. The issue really deals with whether the court award is taxable. Bottom Line - A qualified attorney needs to evaluate the specific facts surrounding the award (i.e. what the award was based on).

In regard to the medicare, the award may or may not affect the senior citizen's benefit. The medicare laws can be complex and sometimes require a few research hours. Please contact a qualified attorney concerning your situation.

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Answered on 10/05/07, 10:18 pm


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