September 11, 2025

How to Qualify for Medicaid in Florida After the OBBBA Changes

Florida Medicaid Planning: 2028 Changes Under the One Big Beautiful Bill Act (OBBBA)

The One Big Beautiful Bill Act (OBBBA), effective January 1, 2028, introduces significant reforms to Medicaid eligibility for long-term care. This document summarizes the most impactful changes for Florida residents, outlining which exemptions are being eliminated, which remain valid, and what planning steps should be taken now.

Impact of OBBBA on Florida Medicaid Exemptions (Effective Jan 1, 2028)

The most significant change is a new cap on homestead (home) equity. As of 2028, a Florida Medicaid applicant will be disqualified from long-term care coverage if their equity interest in their primary home exceeds $1,000,000 unless a spouse or qualifying child lives there. Prior allowances tied to inflation will be frozen. In addition, the retroactive Medicaid coverage period is shortened, and states are required to conduct more frequent eligibility redeterminations.

Eliminated or Curtailed Exemptions

Homestead equity over $1 million will no longer be exempt.
One month of retroactive coverage is eliminated for seniors.
Strategies to convert assets into home equity are capped.
Eligibility reviews will become more frequent and stricter.

February 13, 2016

904-271-1289 SCAM

by David M. Goldman

904-271-1289 SCAM

Warning 904-271-1289 SCAM. Someone using phone number 904-271-1289 is stating that they are attorney David Goldman in Jacksonville and are offering to assist in collecting selling your timeshare.

THERE IS ONLY 1 ATTORNEY DAVID GOLDMAN LICENSED BY THE FLORIDA BAR IN JACKSONVILLE AND IT IS NOT THE PERSON USING THAT PHONE NUMBER 904-271-1289. This Phone number is a SCAM 904-271-1289 SCAM

July 29, 2015

Florida Court rules Legislative bills may cap attorney’s fees for tort actions against the state.

by David M. Goldman

While this does not directly deal with Florida estate planning, I thought it may be of interest to many of my readers including attorneys.

Florida’s Fourth District recently ruled last week that Florida Legislature’s has the ability to cap attorney’s fees and costs for bills that awards a plaintiff damages over the usual $200,000 cap when the state is a defendant in a tort action. This is a significant ruling because the legislature ruled to give the original plaintiff family more than the capped damages, but would not give their attorneys the contracted for contingent fees the family wished to pay them for the work done. Continue reading

June 8, 2015

Common law marriage in Florida

by David M. Goldman

In Florida, estate planning is used to ensure that a person’s estate is left to his or her loved ones in the way they intended through a will or trust. However, if a person dies without a will, his or her estate will be passed according to intestate succession, which means the estate will be passed out in certain percentages to the spouse and children and other ascertainable beneficiaries according to the rules of the court.

An issue can arise when a spouse is married through common-law marriage. If there is no will or trust a spouse can be left out of the will if he or she was not legally married to the deceased.

How to prove common-law marriage?