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I work with the Family or Personal Representative to settle the estate after the death of a loved one. This includes accounting for all assets, paying all proper debts, and distributing all assets. I also handle Guardianships and administer Guardianship Estates. Please click on Probate for more information.
A Guardianship provides a safe and secure way to meet the needs of an incapacitated or incompetent person (the ward), and to do so in a manner that will preserve as much of the ward’s independence as possible under the circumstances. Guardianships fall under Court supervision and can be complicated and highly technical. I can help you through this difficult area of the law. Please click on Guardianships for more information.
I help assist and prepare your estate planning documents. Please click on Wills and Trusts for more information.
I help clients with problems relating to Divorce, Alimony, Child Support, Child Custody, Property Distributions, Post-Divorce proceedings, Injunctions for Protection, and Adoptions. Please click on Family Law for more information.
I assist families with advise and proper planning of your, or a loved one's, long term care needs. This includes advise and assistance with Nursing Home planning, Medicaid Pre-Planning, Asset Transfers, protecting your Homestead, Income Rules, Qualified Income Trusts, Special Needs Trusts and Crisis Medicaid Planning. Please click on Elder Law for more information.
I am responsible for the investigation, trial and appeal of matters requiring court appearances or appearances before other tribunals in civil cases. I also provide advice and counsel to avoid litigation. Please click on Civil for more information.
I would be pleased to be your personal, family and business lawyer. When you have a legal problem that I cannot handle, I will gladly refer you to another lawyer who has expertise in that area.
Ivan Clements, Jr. was born and raised in Florida. He served in the U.S. Air Force for 8 years and was Honorably Discharged in 1980. He graduated from California State College, San Bernardino and from Southwestern University School of Law in Los Angeles, California.
Ivan and his wife, Becky, have been married since 1982. They have 3 adult children, and two granddaughters. Ivan enjoys reading, sports, fishing, and running.
Ivan graduated from California State College in San Bernardino, California with a Degree in Politcal Science. He then graduated from Southwestern University School of Law in Los Angeles, California, and has been practicing law since 1986.
He began his legal career as a prosecutor in Volusia County and has been in private practice since 1990. He has represented businesses and individuals in a variety of civil legal matters before the state trial and appellate courts and administrative agencies. As a prosecutor and defense attorney, he has handled misdemeanors, Juvenile Delinquency cases, DUI's and other traffic offenses, and serious felonies.
Ivan opened his office in 1998. Ivan is a member of the Florida Bar Association and Volusia County Bar Association (past Director of the Board of Directors).
Your interests are paramount. Problems are analyzed from the client's perspective. I will seek to facilitate, not obstruct, the efficient operation of your business. The best solution to any problem is one which is timely and complete and takes into account the client's business and personal circumstances. Where appropriate, I will work with you to clarify potential problems and suggest solutions which will avoid or minimize the need for litigation. Understanding your needs enables me to be your most important provider of professional services.
The relationship between a client and attorney requires complete trust and confidence. I subscribe to the highest standards of professional conduct, integrity and responsibility and will do my best to earn your trust and confidence.
On your first consultation with me, prior to entering into a fee agreement and retaining my services, I will discuss your legal problem with you, the remedies available, and the work required to resolve it. When you retain my firm, you will have a clear understanding of the nature and extent of the work I am authorized to perform. Please feel free to discuss the fees and the billing arrangements with me. I continually to strive to keep your legal fees at a reasonable level while providing quaility legal services. My fee arrangements and billing practices are designed to accommodate your needs.
You can always contact my office and talk to me or my staff at (386) 740-0037 if you have any questions or concerns pertaining to setting up a consultation, fee arrangements, or any other matter. If you would like someone to contact you about setting up a consultation or if you have any questions, go to the "Contact" page to directly email the office.
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I work with the Family or Personal Representative to settle the estate after the death of a loved one. This includes accounting for all assets, paying all proper debts and Creditor's Claims, and distributing all assets to the Beneficiaries. I also represent clients involved in Will Contests or Disputes, Probate Litigation, Removal of Personal Representatives and Executors.
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A Guardianship is a Court supervised management of the affairs of someone who has been adjudged to be incompetent to handle their own affairs (the Ward). A Guardian is appointed by order of the Court. The Guardian assumes many (not all) of the rights of the Ward, and makes decisions about the Ward’s day-to-day activities. One of the most important jobs of the Guardian is to manage the finances of the Ward. A Guardian must file annual accountings with the Court on the status of the Ward and their finances and assets.
Minors are, by law, incapable of handling certain aspects of their lives, such as the ownership of real estate, or to receive large sums of money. The child may have inherited property or money through Probate, or received a large sum of money in a Personal Injury case. In these cases, a Guardianship of a Minor may be established to manage the property or money until the child turns 18 years of age.
A Guardian is a "Fiduciary." This means the Guardian has a responsibility to the Ward to act with "scrupulous good conduct, good faith, and candor."
Guardianship Law is a complicated field of law that has very specific laws and rules designed to protect the interests of the Ward. That is why every Guardian in the state of Florida is required to be represented by an attorney licensed to practice law in Florida.
Guardianships can be complicated and expensive. Through proper planning, alternatives to Guardianship can be established by you to avoid this complication and expense. These include the following:
- Trusts
- Joint Ownership of Property
- Durable Power of Attorney
- Durable Power of Attorney for Health Care
- Health Care Surrogacy
There are other methods as well. These alternatives are not for everyone. You should seek legal advise to determine which methods are right for you.
Please feel free to contact me, if you have any questions about Guardianships or need to a establish Guardianship for another person.
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Ten Things Every Adult Should Have As Part of Their Estate Plan
Did you ever wonder what would happen to your property if you suddenly died or became incapacitated? Would your family be able to determine what you own, where your bank accounts are, how to inquire about your retirement plans, whether you have life insurance, if youve made plans on how your assets would be taken care of, bills paid, loans collected?
Here are ten things every adult should have in one central place so that your loved ones can take care of these matters when you are gone or if you become incapacitated and cannot take care of them yourself:
1. Last Will and Testament. Without a Will, state law determines who receives your estate, and in what proportions, after you die.
2. Revocable Trust . If you do not have a Trust, your estate may be unnecessarily subject to probate, resulting in time delays, fees, and costs that could have been avoided. Assets that you have placed in a Trust do not go through probate. A Trust can also help avoid a costly Guardianship over all of your property if you become incapacitated and unable to manage your assets.
3. Living Will . You could be kept alive by extraordinary medical measures in the event of your total mental and physical incapacity, at the end of your life, without a Living Will.
4. Designation of Health Care Surrogate. If you become unable to make medical decisions or consent to medical treatment for yourself, for whatever reason (accident, illness, dementia), who has the authority to make these decisions for you? A written Designation of Health Care Surrogate (sometimes called a Durable Power of Attorney for Health Care) solves this issue.
5. Durable Power of Attorney . This is a great document to give someone you trust who can take care of your finances and property if you are unable to do so.
6. Your Retirement Assets . You should keep documents about your Pension, Individual Retirement Accounts (IRAs), 401(k) Plans, Annuities, and other retirement assets with your other estate planning documents. At the very least, keep a list of these assets and update the list frequently. Make sure the list includes account numbers, retirement plan managers addresses and telephone numbers and value of each asset.
7. Life Insurance Documents. Keep your life insurance documents with your other estate planning papers. Dont forget information about your life insurance policy through your employer.
8. Marriage and Divorce Papers. Your marriage license, divorce decree or judgment, Qualified Domestic Relations Order (QDRO), Pre-Nuptial or Post-Nuptial Agreement will be helpful to anyone who may be called on to manage your estate.
9. Bank or Brokerage Account Records . Checking, Savings, Safe Deposit Box, brokerage accounts, and other bank information kept in one location will be of great assistance to anyone who has gather information regarding your assets.
10. Ownership and Debt Documents . Deeds, mortgages, promissory notes, car titles, cemetery plot information, stock certificates, savings bonds, loans to others, debts you owe, or a detailed list of these and similar documents should be kept with your estate planning documents.
Please feel free to contact me, if you have any questions regarding your estate plan.
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Parental Responsibility. On October 1, 2008, some far reaching changes were made to Florida’s Parental Responsibility Law. The terms “custody,” “primary residential parent,” and “rotating custody” were deleted from the law. The new law requires a detailed Parenting Plan in every case involving child issues. Florida gives both parents "Shared Parental Responsibility,” which means both parents are equal, both are entitled to participate in the decisions regarding their children, and both are equally responsible as parents. In rare cases, one parent is given “Sole Parental Responsibility,” usually by agreement between the parents or in cases of confirmed and provable child abuse or abandonment.
Time-Sharing. The word “visitation” has been eliminated from Florida’s Family Law. We now use “time-sharing”. The terms “custodial parent”, “primary residential parent”, “non-custodial parent,” and “secondary residential parent” have been stricken from the shared parental responsibility law. The parents should work together to create what is called a Parenting Plan to govern their relationships with their children. The Parenting Plan must contain a time-sharing schedule that specifies the time, including overnights and holidays, which the children will spend with each parent. The Parenting Plan must include an address to be used to determine the school zone for the children.
Child Support. Child support is governed by Florida Child Support Guidelines. The calculation of child support is based on the net income of each parent, the cost of any daycare or afterschool care (because of a working parent), cost of health insurance for the minor children, and the number of overnights during the year the children spend with each parent. Child Support terminates on a child’s 18th birthday unless the Court decides, or the parents agree, that child support should continue until the child’s graduation from high school, if there is a reasonable expectation of graduation prior to reaching the age of 19 years. Child support may also be awarded for a dependent person beyond the age of 18, when dependency is due to a mental or physical incapacity that began prior to the child reaching the age of majority.
Alimony (Spousal Support). Alimony, or spousal support, may be awarded to a spouse based on that spouse’s need and the other spouse’s ability to pay. Florida Law sets forth numerous factors for the Court to consider in determining whether to award alimony to one spouse. In an appropriate case, the Court may award alimony in the form of bridge-the-gap, rehabilitative, durational, permanent, or any combination of these forms of alimony.
Property Distribution. Florida requires “equitable distribution” of marital assets (property) and liabilities (debts). The Courts begin with the presumption that the division of marital assets and liabilities should be equal. The liabilities and assets must be identified, classified as either marital or non-marital, or a combination thereof, and valued. Once those steps are taken, the distribution can be determined.
Domestic Violence. Domestic violence is a growing and serious problem in our nation. Domestic violence occurs in all groups regardless of religion, age, income, education level, marital status, sexual orientation, race, and ethnicity. Children witnessing violence between their parents is the strongest risk factor of transmitting violent behavior from one generation to the next. There is help available for victims of domestic violence.
Temporary Relief. You may be entitled to temporary relief while your case is progressing through the system. Temporary relief may involve child related issues, such as parental responsibility, visitation/time-sharing, child support, relocation, alimony, and attorney’s fees and costs.
Modification. Sometimes circumstances change after your divorce that justifies a modification of child support, time-sharing/visitation, alimony, and parental responsibility. If a substantial change in circumstances has occurred since the previous order, you may be entitled to relief.
Enforcement. The Courts are available to enforce orders made in the initial Final Judgment or Order. This includes the enforcement of child support, alimony, time sharing and other matters when there has been a violation of a previous order or non-payment of support.
Attorney’s Fees and Costs. You may be entitled have your attorney’s fees and costs paid by the other parent in your case. The primary factors in determining whether you receive attorney’s fees and costs from your spouse or the other party are your need for the contribution to fees and costs and the present ability of the other spouse or party to contribute. The major purpose of awarding attorney’s fees in a dissolution proceeding is to ensure that both parties have equal access to competent representation by an attorney.
Mediation. All cases in Volusia County are referred to mediation prior to going to trial. Mediation allows the parties to participate in the negotiation and resolution of their case by using a neutral mediator. If the divorcing parties cannot resolve their issues then the issue will be decided by a trial judge. Trial should be the last resort in any case. Mediation allows your full participation in deciding the outcome of your divorce case.
Please contact me if you have a need for legal counsel in any area of Family Law.
FACTS TO CONSIDER FOR MEDICAID ELIGIBILITY
Income Limit. If a person's gross income is over $2,022 per month, then that person is ineligible for Medicaid benefits. The income considered is the Applicant's income, not the Applicant’s spouse's income, if married.
Assets. Florida allows an Applicant to retain less than $2,000 in assets to qualify for Medicaid, in addition to certain exempt assets. If the Applicant is married, then the Applicant’s spouse can retain up to $109,560 in assets, called the “Community Spouse Resource Allowance.”
Transfer of Assets. Some applicants consider transferring some of their assets to others so they will be eligible for Medicaid. CAUTION: Such transfers may cause you to be ineligible for Medicaid. The actual number of months that the applicant will be ineligible for Medicaid depends on the value of the assets transferred.
The Look-Back Period. The "look-back" period is the maximum amount of time the Agency is allowed to look-back at transfers of assets. Currently it is 60 months from the date of the application. This is a very serious trap for the unwary.
Exempt Assets. The following are some of the exempt assets, the ownership of which will not disqualify you from Medicaid qualification and will not put you over your $2,000.00 limit:
1. Your Homestead (As long as the well spouse continues to reside there; or if there is an "intent-to-return" by the applicant; or if a dependent SSI-
disabled child lives there.)
2. Certain Retirement Accounts.
3. Trade or Business Property.
4. Irrevocable burial contracts.
5. $2,500 designated for burial expenses
6. One burial plot per family member.
7. Other property if rented or listed for sale at fair market value.
8. One Vehicle
9. Additional vehicle(s) - if 7 or more years old, NOT a luxury, antique or custom.
10. Life insurance - with zero cash value - or if - with cash value - the total face value of all life insurance policies is less than $2,500.
11. Life estate interest in real property.
12. Certain annuities.
13. One wedding ring.
COMMON MISTAKES PEOPLE MAKE TRYING TO QUALIFY FOR MEDICAID
1. Transferring assets out of the Applicant's name without considering the Transfer Rules and Penalties.
2. Confusing the Look-Back Period and the Transfer Penalty Period.
3. Transferring the Applicant’s Homestead to others in an attempt to preserve the home from Medicaid claims or liens.
4. Failing to plan for the event BOTH spouses enter a skilled nursing facility.
5. Failing to plan for the event the Well-Spouse predeceases the Nursing-Home-Spouse.
6. Making transfers without the proper authority or documentation.
7. Relying on outdated or poorly drafted durable powers of attorney (or other estate planning documents).
8. Neglecting to disclose all known income, assets or gifts.
9. Neglecting to inform Medicaid of new or additional income, assets or gifts in the future.
10. Failing to include the gross income of an applicant when applying for benefits.
11. Improper establishment and/or maintenance of a Qualified Income Trust (QIT).
12. Failing to determine whether or not a nursing home accepts Medicaid payments.
13. Believing that MEDICARE pays for long-term nursing home costs.
14. Thinking the $13,000 gift tax exclusion is applicable to Medicaid planning.
15. Obtaining advice from people who have limited knowledge or expertise with Medicaid laws.
I am responsible for the investigation, trial and appeal of matters requiring court appearances or appearances before other tribunals in civil cases. I also provide advice and counsel to avoid litigation.
I have been certified by the Supreme Court of Florida as a Family Mediator. As a Mediator my goal is to facilitate discussions between the parties to a lawsuit or Dissolution of Marriage and assist in the negotiation process so that you can reach a mutually acceptable resolution to your dispute.
telephone: (386) 740-0037
fax: (386) 740-0041
hours: monday - friday
8:30 a.m. - 5:00 p.m
address: 540 west new york avenue
deland, florida 32720
email:
ivanclements_cfl.rr.com
Contact my office if you have a legal matter you wish to discuss, and an appointment can be scheduled and I will meet with you personally. Your legal matter is important to me. You can be assured that all of our discussions will be kept in the strictest of confidence, and will be responded to promptly.
Full Name
Email
Subject
Legal Matter
Ivan K. Clements, Jr., P.A.
540 West New York Avenue
DeLand, Florida 32720
(386) 740-0037 Telephone
(386) 740-0041 Facsimile
Serving in: DeLand, Daytona Beach, Orange City, DeBary, DeLeon Springs, Deltona, Sanford, New Smyrna Beach, Ormond Beach, Pierson, Lake Helen, Enterprise, Cassadaga, Port Orange, Oak Hill, Holly Hill, Astor, Eustis, Mount Dora, Ponce Inlet, Orlando, Lake Mary, Altamonte Springs, Edgewater, Apopka, Osteen, Ocala, Lake County, Orange County, Seminole County, Volusia County, and all of Central Florida
Disclaimer: The information provided herein is not legal advice or assistance. You should consult with an attorney if you need legal assistance. Reading this website does not create an attorney-client relationship with Ivan K. Clements, Jr. or with Ivan K. Clements, Jr., P.A. If you need legal assistance, contact Ivan K. Clements, Jr., P.A. to set up a consultation.
