A Comprehensive Guide to Estate Planning in Southwest Florida

Most families do not need to follow every new court decision, Medicaid rule, tax election, or change to federal retirement law. That is our job. What families do need to know is when one of those changes could affect a decision they are making right now. After reviewing materials from the 2026 Elder Law Institute and additional training on post-death tax and estate planning, our team identified several developments that deserve attention. Some affect people planning for a loved one with special needs. Others may matter to families navigating Medicaid, administering an estate, or ensuring an existing estate plan still works as intended. Here are five groups of people who should be paying particular attention. 1. If You Have a Loved One With a DisabilityOne of the biggest developments involves ABLE accounts. Beginning in 2026, eligibility expands so that an individuals disability must have begun before age 46 rather than before age 26. That may sound like a small change, but it could open the door for individuals and families who previously did not qualify. ABLE accounts can be an important part of special needs planning because they may allow an individual with a disability to save and use money for qualified expenses while preserving access to certain public benefits. For families who were previously told that an ABLE account was not an option because of the individuals age when the disability began, it may be time to revisit that conversation. The important question is not simply, Can we open an ABLE account now? It is, How should an ABLE account fit into the rest of our planning? That may include a Special Needs Trust, beneficiary designations, public benefits, housing assistance, family support, and the long-term financial needs of the person you love. 2. If a Retirement Account Will Eventually Benefit Someone With Special NeedsThis is an area where families can have excellent intentions and still create an unintended problem. You may have spent years carefully creating a Special Needs Trust to protect a child or loved one with a disability. But then there is the IRA. Or the 401(k). Or another retirement account with its own beneficiary designation. Those beneficiary forms matter. Retirement accounts are governed by their beneficiary designations, and coordinating those designations with a Special Needs Trust can involve additional rules involving inherited retirement accounts. That means creating the trust is only part of the job. The beneficiary designation needs to work with the trust and with the rest of the estate plan. This is one reason we place so much emphasis on follow-through. A beautifully drafted estate plan cannot accomplish what you intended if the assets never make it to the right place. If your estate plan includes a loved one with special needs and you have significant retirement assets, this is worth reviewing. 3. If You Are Helping an Aging ParentFamilies helping aging parents already have enough to manage. There may be medical appointments, medications, housing decisions, caregiving, finances, insurance, and questions about whether additional care will eventually be needed. Medicaid adds another layer of complexity. There are upcoming changes involving Medicaid eligibility and administration that could affect how families prepare, when applications should be submitted, what documentation will be needed, and how much room families have to correct problems after the fact. Pennsylvania is also continuing to develop options involving Medicaid-funded assisted living, which raises another set of practical questions. Which facilities are actually participating? Is there availability? What level of care is being provided? How does the program work in the real world, not simply on paper? Those are the questions families need answered. There are also Medicaid programs beyond traditional nursing home Medicaid that may help certain individuals, including programs connected to disability, employment, Medicare costs, and other circumstances. The difficulty is that most families do not know which questions to ask. That is why waiting until a parent is already in crisis can make everything harder. If you are starting to notice that Mom or Dad needs more help than they used to, that is often the right time to begin learning about the options available. 4. If Your Spouse or Parent Recently DiedFamilies understandably want to get things handled after someone dies. Close the accounts. Transfer the assets. Distribute the inheritance. Sell what needs to be sold. Finish the estate. But moving too quickly can sometimes eliminate options that should have been considered first. There may be decisions involving inherited retirement accounts, tax elections, disclaimers, portability between spouses, cost basis, business interests, trusts, and other assets. Some of those decisions have deadlines. Others can be affected by whether an asset has already been distributed or accepted by a beneficiary. That is why we believe one of the most important parts of probate and trust administration happens before significant distributions are made. A family may be asking, How quickly can we get this money distributed? Our first question may need to be, Is there anything we should review before we do that? Estate planning does not necessarily end when someone dies. In some situations, there are still important planning decisions available to the family afterward. 5. If You Are Serving as an Executor or TrusteeBeing named executor or trustee can feel like an honor. Then the work begins. Suddenly you are responsible for property that is not yours, money that belongs to an estate or trust, deadlines you may never have heard of, beneficiaries who want answers, and legal duties that can create personal consequences if handled incorrectly. Executors and trustees may need to address issues involving distributions, taxes, creditors, conflicts of interest, business interests, retirement accounts, notices to interested parties, and the eventual closing of the estate or trust. And one of the biggest mistakes a fiduciary can make is assuming that every reasonable-looking decision is automatically a legally appropriate one. You do not have to become an estate administration expert overnight. You do need to understand your role before making major decisions. That is especially important before distributing money, selling property, transferring business interests, or taking actions that may be difficult to reverse. You Do Not Have to Keep Track of Every ChangeEstate planning and elder law continue to evolve. Some developments require immediate action. Others deserve a closer look. Still others simply need to be monitored until the law becomes clearer. Our responsibility is to know the difference. When our team attends continuing education programs or reviews new developments, we do not want that information sitting in a binder on a shelf. We ask a much more practical question: Does this change anything we should be doing for the families we serve? Sometimes the answer means updating a checklist. Sometimes it means reviewing a beneficiary designation. Sometimes it means slowing down before an estate distribution. And sometimes it means reaching out to a family because an option that did not exist for them several years ago may be available today. You do not need to understand every new development in estate planning, Medicaid, special needs planning, or estate administration. You need to know whether the changes affect your family, your plan, or the decisions you are about to make. If any of the situations above sound familiar, the next step is to learn what applies to your circumstances before making a decision that may be difficult to undo.  

Most people think of estate planning as something that matters after death. You sign a will, create a trust, name the people you want to make decisions, and hopefully walk away feeling like you have taken care of your family. But one of the things I have learned over the years is that the true test of an estate plan often comes much sooner. What happens if you are suddenly hospitalized and cannot manage your finances? What if your spouse or adult child needs to speak with doctors on your behalf? What if your trustee knows they are supposed to help, but has no idea where your important information is located? These are not situations any of us enjoy imagining, but they are exactly why good estate planning matters. At Bellomo & Associates, we believe estate planning is about much more than preparing for what happens someday. It is about giving the people you love clarity, confidence, and direction when life does not go according to plan. A Strong Estate Plan Plans for Incapacity, Not Just DeathOne of the biggest misconceptions about estate planning is that it is primarily about what happens after someone dies. In reality, some of the most stressful situations families face happen while someone is still very much alive. A stroke, serious accident, dementia diagnosis, or unexpected illness can quickly leave a family wondering who is allowed to pay bills, manage property, speak with financial institutions, communicate with doctors, or make healthcare decisions. And this is where we often see families surprised. Being someones spouse, son, daughter, or sibling does not necessarily give you automatic legal authority to step in and handle everything. Imagine a daughter whose mother has suffered a serious stroke. She knows her mom incredibly well. She knows what bills need to be paid. She knows where she banks. She knows what her mother would probably want. But knowing what needs to happen and having the legal authority to make it happen are two very different things. A properly prepared durable power of attorney and appropriate healthcare documents can help close that gap. They allow the people you trust to step in when needed, rather than forcing your family to figure everything out during an already frightening time. That is what good planning is meant to do. Choosing the Right People MattersEstate planning documents are only as effective as the people chosen to carry them out. Depending on your plan, you may need to select someone to serve as your financial agent, healthcare decision-maker, executor, trustee, successor trustee, or guardian for minor children. Most people begin with a simple question: Who do I trust the most? That absolutely matters. But I often encourage families to go one step further and ask, Who could realistically handle this responsibility during a difficult time? The person you love the most may not always be the person who is best equipped to manage finances, communicate with family members, work with attorneys and accountants, keep records, or make difficult decisions under pressure. You want people who care about you, but you also want people who can carry out the job. It is equally important to name backup decision-makers. Life changes. Someone willing and able to serve today may not be able to do so years from now. A strong estate plan thinks through those possibilities before they become a crisis. Give Your Decision-Makers the Information They NeedNaming someone in a legal document is an important first step, but it should not be the last one. Imagine learning that one of your parents is hospitalized and you are now responsible for helping manage their affairs. You know you are the person they selected. The problem is, you do not know where they bank. You cannot find the insurance information. You are not sure where the original estate planning documents are located. You do not even know which attorney helped prepare them. That creates unnecessary stress at the exact moment your family needs less of it. The people you select do not necessarily need every password and account number today. But they should know where important information can be found, who they should contact, and what responsibilities they may someday be asked to handle. A legal document gives someone authority. Organization gives them a roadmap. Your family deserves both. Healthcare Planning Requires More Than PaperworkHealthcare directives are an important part of any estate plan, but there is something else that can make those documents much more powerful: a conversation. The person you select to make healthcare decisions may someday be asked to make choices under incredibly emotional circumstances. Think about the weight of that responsibility. If you have never discussed your wishes, your loved one may be left wondering, What would Mom want? or Am I making the right decision for Dad? Talking about your values ahead of time can give them tremendous peace of mind. What does quality of life mean to you? Are there circumstances or treatments you feel strongly about? Who would you want involved in important medical conversations? Are there personal, religious, or family values you want considered? The legal document may give someone permission to make a decision. The conversation helps them understand the decision you would have wanted. Make Sure Your Trust Is Actually Connected to Your AssetsCreating a trust can be an important part of an estate plan, but signing the document does not always mean the work is finished. Depending on your plan, assets may need to be retitled, assigned, or otherwise coordinated with the trust. This is an area where families can run into trouble years later. A couple creates a trust and leaves the attorneys office feeling relieved. Then life keeps moving. They buy another property. They open a new investment account. They change banks. Years later, something happens, and their family discovers that some of those assets were never properly connected to the trust. Documents alone do not move assets. Follow-through matters. That is why trust funding and ongoing asset coordination should be viewed as part of the estate planning process, not an afterthought. Review Your Beneficiary DesignationsBeneficiary designations are another area that families sometimes overlook. Retirement accounts, life insurance policies, annuities, and certain financial accounts may pass directly to the beneficiary named on the account. That means the beneficiary form can sometimes control where an asset goes, even if your will or trust says something different. Imagine someone who divorces, remarries, and carefully updates an estate plan to reflect a new chapter of life. Everything looks right. But one old retirement account still lists an outdated beneficiary. That one piece of paper can create a result nobody intended. A strong estate plan should look at the whole picture, including wills, trusts, beneficiary designations, account ownership, insurance policies, and real estate. Ideally, every part of the plan should tell the same story. Special Family Circumstances Require More ThoughtFamilies are wonderfully unique, and estate plans should reflect that. Blended families, minor children, beneficiaries with disabilities, family businesses, financially vulnerable loved ones, property in multiple states, or complicated family relationships may require additional planning. For example, leaving money directly to a loved one who receives certain means-tested public benefits could create unintended consequences. In situations like these, the question is not simply, Who should inherit? The better question is, What is the best way for this person to receive what I want to leave them? That is a very different conversation. Good estate planning takes the time to understand the people involved, not simply the assets on a spreadsheet. Keep Your Estate Plan Organized and CurrentEven the best estate plan becomes harder to use if nobody can find it. Your family should not have to become detectives while grieving, sitting in a hospital, or trying to manage an emergency. Important documents, financial information, insurance records, professional contacts, and property information should be organized so the appropriate people can locate them when needed. Your plan should also grow and change with you. Marriage, divorce, births, deaths, moves, retirement, business changes, health concerns, major financial changes, and changing family relationships can all affect your estate plan. A plan can still be legally valid while no longer reflecting the life you are actually living. At Bellomo & Associates, we often remind families that estate planning is not something you finish once and forget about. It is a process of making sure your plan continues to protect the people you love as life changes. Would Your Estate Plan Work Tomorrow?A well-prepared estate plan cannot eliminate every difficult moment. It cannot predict every illness, prevent every disagreement, or guarantee that life will unfold exactly as we hope. What it can do is create clarity. Someone has the authority to act if you become incapacitated. Your healthcare wishes are documented and understood. Your assets work with your plan. Your beneficiary designations reflect your current wishes. The people you selected understand their roles. Your family knows where to turn. And sometimes, that clarity is one of the greatest gifts you can give the people you love. So instead of asking only, Do I have an estate plan? ask yourself a slightly different question: If something unexpected happened tomorrow, would the people I trust know what to do, where to look, and whether they had the authority to act? If you are not completely sure of the answer, that does not mean you have failed. It simply means there may be an opportunity to make your plan stronger today, while you have the time and ability to do it thoughtfully.  

VERY IMPORTANT: Regarding Medicare it is illegal for an insurance agent to call, text, e-mail, knock on your door, hang anything on your door or vehicle or approach you without your consent. If they do ask for their National Producer Number NPN, and you will hear a click and removed from their list. If they dont hang up, get their number and report them to Medicare. There is so much fraud where people are being switched to plans that they never approved or they were miss led. Shop local, do background checks before you give anyone your personal information. You can google them, google reviews, check their Facebook, etc. Make sure that if you are working with someone you can call them personally if you have any questions or concerns. Medicare Annual Enrollment is October 15-December 7th for January 1st, 2027, effective. What can be changed at this time is Medicare Part D Drug Plans and Medicare Part C (Advantage Plans). You should have received your Notification of Change from your current insurance plan. This outlines the current year to the new year changes, as an example if your specialist provider costs $20 now it might say $35 in 2027 (no correlation just an example). Medicare Part C / Advantage Plans, most carriers have raised out of pocket limits and copays along with decreased extra value benefits for 2027.  Annually Medicare Advantage Plans make changes. They must all include the same features as Original Medicare but not at the same cost share. They can have a premium, Medical and or Prescription deductible, copays and coinsurance can change. Extra Value such as Vision, Dental, Over the Counter, Part B Give Back, transportation, etc. can all change or be eliminated. Medicare sets the annual in-network out of pocket maximum; in 2026 it is $9,250 for in-network and $13,900 out-of-network services combined (2027 this will increase). However, individual insurance plans may set lower limits. The old saying if it is not broken do not fix it DOES NOT apply to Annual Enrollment. Every year I see many people that have not checked/compared their current plan to what is new. I have saved so many people hundreds and in many cases thousands of dollars. You should be working with a broker that represents many insurance companies. Make sure you check them out, especially if you are going to allow someone in your house. I recommend meeting in their office. For me we represent most insurance carriers in our area and carrying all their literature with me is almost impossible. We use three large screens so that our clients can clearly see and compare the differences between the plans. The minimum information always needed is all your doctors, medications: names, milligrams, and dosage. We load your current plan and then compare it to all the other companies in your area. What companies have all your doctors, the price for your medication normally makes a significant difference. Then the Extra Value is what is most important to you. We do NOT CHARGE for your review and if warranted to change your insurance plan. Ethics is most important and if you are on the best plan we will tell you, plus you can see for yourself. If your plan was CANCELLED/DROPPED for 2027, you have a guaranteed issue into a Medigap/Medicare Supplement.  This is huge and very important, know your options!Medicare Seminars they are good for general information. A one-to-one appointment where you can dive into your doctors and medication is best, plus you can then compare other companies in one place. Medicare Part D most insurance carriers have taken away insurance agents ability to help you with your Part D Only drug plans this does not apply to most Advantage plans, standalone drug plans as well as Advantage Plans, you wont have to pay more than $2,400 in out-of-pocket drug costs, which include deductibles, co-pays, coinsurance. It is especially important to check your plans formulary as medication must be in formulary to be capped. 2027 RX deductible will be capped at $715.00. As a reminder the cost of the plan is not as important as the cost plus your medications, that is what you look at, the total cost. It is important to know what the medication is used for to determine if it is covered by the plan. Example Wycovy may be covered but to be covered it must be used for certain heart conditions or diabetes, Medicare does not cover weight lose medications at this time.  As a reminder if you choose NOT to ENROLL in a Part D drug plan and in later years you want one you will have to wait for Annual Enrollment and then you will assed a penalty for every month you did not have a drug plan, that penalty will last for the REST OF YOUR LIFE! When you turn 65 you are eligible for Medicare, once you have worked 40 quarters roughly 10 years there is no cost for Medicare Part A. Part A covers Hospitals, Skilled Nursing, Home Health & Hospice. Medicare Part B you can choose to take at 65, or you can hold off if you are still working and have credible coverage. If you do not have group health insurance that is considered qualified, and then you want Medicare you would have a late enrollment penalty for each month you did not have Part B & Part D, and that penalty will last for the rest of your life. Part B covers doctors, imaging, blood work, ambulance, durable medical equipment, etc. Part D is a Medicare Drug Plan and covers medications. During your initial enrollment period it is especially important to understand your options! Medicare Supplements/Medigap Plans are NOT guaranteed issues; you may need to medically qualify. You can purchase a Medigap Plan during your 1st 6 months on Medicare Part B without medical underwriting. There are a lot of things you need to know. Again, work with an agent you can trust! Especially important: when you move you need to know your options. Can you keep the same plan? Do you need to make a change and what does that look like? Logical Insurance Solutions is a SWFL Insurance Broker that works with most of the insurance carriers in your area, we are happy to help you through the maze. We offer Free Medicare Seminars, Personal Appointments & Virtual appointments. Please e-mail [email protected] to register or call 239-362-0855 for dates. Medicares website is www.Medicare.gov. www.Logicalinsurance.com    239-362-0855    [email protected] Ulla-Undine Merritt (Dee) National Producer Number (NPN) 8853366