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NOVEMBER 2022 888-889-8899 DellutriLawGroup.com
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AFTER HURRICANE IAN MAKE THE MOST OF THIS THANKSGIVING
Reader’s Note: This story was written long before Hurricane Ian was even a threat. We thought about changing it due to the recent devastation to SWFL but decided against it. God never promised us a road without speedbumps, but he did promise to be with us as we hit each one. May God Bless SWFL. When I was a kid growing up in New Jersey, my parents loved to delegate household chores to me. I grumbled and griped about all of them — what 10-year-old wants to shovel snow or take out the trash!? — but there was one chore I actually looked forward to. Every fall, it was my job to rake our yard free of leaves. First, I raced to the garage to grab a rake even longer than I was tall. Then, I dashed back and forth across the yard, sweeping all the leaves into an enormous pile. When the grass was visible, and my duty was done, it was time for my favorite part: diving headfirst into the leaf pile! I tossed handfuls of leaves into the air and swam the backstroke in my giant red, yellow, and orange pool. Those were some of the happiest moments of my childhood, and last Thanksgiving, I got to repeat them with my 4-year-old granddaughter, Konnor. We were in Tennessee when it struck me that I could pass on my fall tradition. Unlike Florida, Tennessee has fall leaves! A few of our kids kept Konnor occupied inside while I raked the leaves in the front yard into a massive pile. Her uncle, Bradley, burrowed into the center of the mound and waited. When I brought Konnor outside, Bradley popped up like a jack-in- the-box! Leaves rained down everywhere, and Konnor shrieked with delight. We both dove into the pile, joining Bradley in an epic leaf fight. No matter how old I get, the simple pleasure of playing in fall leaves stays the same. As a kid, I didn’t think of diving into a leaf pile as a momentous occasion. It was just something I did every fall. But I’ve come to realize that those little moments are the best parts of life and worth treasuring and passing on to the next generation.
pass the time and make memories? Maybe you remember playing hide-and-seek with your sisters in the backyard, beating your dad at checkers, or cooking pot pie with your grandma. You can share those moments with your kids and grandkids just like I did with Konnor. This Thanksgiving, take a few minutes to pull out your old checkerboard or dig Grandma’s recipe out of the kitchen cabinet. While you play or cook, share the stories of your childhood with your family. They’ll absorb your memories and make their own at the same time. Playing in the fall leaves with my granddaughter didn’t cost a dime. There were no cellphones or iPads involved. I didn’t need to grab my laptop, post on Snapchat, or check TikTok to make it happen. We just got up and walked outside into the fresh air. You can pass along your memories the same way. If you do it right, your kids won’t even miss the Nintendo! In this complicated, 100-mile-an-hour world we live in, it’s important to take time to smell the roses — or in this case, rake the leaves. Your childhood pleasures may seem simple and mundane, but they can make the difference between a good holiday and a great one. Trust me. It’s even better than football on TV … unless you’re watching the Giants.
From my family to yours, Happy Thanksgiving!
Think back over your childhood memories. Which little moments shine the brightest? What simple, free things did you do as a kid to
–Carmen Dellutri
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Hurricane Ian may have passed, but it left behind devastation and a “bunch of vultures.” I’m not talking real vultures — well maybe there are a few real vultures. The vultures that I am speaking about are the droves of disaster relief, roofers, dry-out companies, etc., who flood in from out of town and pounce on devastated areas and start asking suffering homeowners to sign contracts that they have not read and probably cannot understand. This is when the homeowners’ real problems start. Do not sign anything without reviewing it thoroughly. A true contractor worth their salt will gladly give you a day to review their contracts so that you are not being led down the road less traveled. Next, you may want a legal opinion about your situation before you ever sign a contract with an assignment of benefits clause. Remember the old saying: An ounce of prevention is worth a pound of cure. There’s quite a bit of truth in that statement. Just ask anyone who was taken advantage of by an out-of-state or out- of-town service provider or contractor. We learned many lessons after Hurricane Charlie that still hold true today. 1. Hire local contractors or providers if you can. When there is this much devastation, you may want to ask for referrals from friends, relatives, or your attorney. We have plenty of labor here in Southwest Florida to rebuild. After Hurricane Charlie, many locals learned that these salesmen did not have their best interests at heart. Many of our neighbors who lost jobs and businesses will need to support their families. Let’s support the locals financially, as they will pump the money back into our local communities. SHOULD I SIGN ASSIGNMENT OF BENEFITS?
2. If you care about your home and how it will be restored, never, never, ever sign an assignment of benefits clause without seeking a legal opinion so that you understand completely what it is and how it will affect your personal position. 3. An assignment of benefits (AOB) clause is a clause that can be contained within a contract for work with a service provider like a roofer, general contractor, or dry-out company. Or an AOB can be an entirely separate document that a service provider will have you sign. a. In either case, the AOB is a binding legal contract. b. It gives the service provider your right to deal with your insurance company. c. It gives the service provider your right to manage your claim. d. It takes away from you your right to resolve your own claim.
4. In 2019, Florida passed AOB reforms, which restored some rights back to Florida citizens after signing AOBs.
5. If you have already signed an AOB, You can cancel it, but you must do so in a very particular way to make sure the revocation is effective. Plus, you may still owe the contractor additional funds. Lastly, please make sure that your homeowners insurance company is put on notice of the revocation or they will continue working with the contractor.
“I would give the Dellutri Law Group 10 stars if I could!! They did an amazing job from beginning to end and the outcome was perfect. Not only are they at the top of their game, but they are also caring people who give back to the community. Thank you to Mark Martella, David Lampley, Carmen Dellutri, Ronnie, and Lauren and a special thanks to Tara for her never-ending patience with me and my questions when it came to uploading my docs. I highly recommend The Dellutri Group and I am grateful to have had them on my side!” –W.S. GOOGLE REVIEW — SEPTEMBER 2022 Testimonial Our Clients Say It Best
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DLG Passion Projects We are doing something a little different this month and spotlighting the same Passion Project we did last month again. After Hurricane Ian came through SWFL like a wrecking ball, Midwest Food Bank needs our help more than ever. The Midwest Food Bank is a volunteer-based, national food bank that also focuses on being faith-based. Established in 2003, its mission is to share its love of Christ by alleviating hunger and malnutrition locally and throughout the world. The organization still needs volunteers and food donations more than ever. You can find out more about how to help by following them on their Facebook page @MidwestFoodBankOfficial or visiting Volunteer.MidwestFoodBank.org.
Apple Cranberry Crisp Inspired by TasteOfHome.com
If you’re feeling old-fashioned, treat yourself to this warm and bubbly dish. Nothing says Thanksgiving quite like a classic apple recipe.
INGREDIENTS
• 3 cups peeled and chopped tart apples • 1 1/2 cups cranberries • 3/4 cup packed brown sugar, divided • 1 tbsp lemon juice
• 1/2 tsp ground cinnamon • • Vanilla ice cream (optional) •
1/2 cup all-purpose flour 1/3 cup butter, cold
DIRECTIONS
What’s the Good News ? “The fruit of the Spirit is love, joy, peace, patience, kindness, goodness, faithfulness, gentleness, self-control; against such things there is no law.” GALATIANS 5:22-23 1. Preheat oven to 375 F. 2. In a large bowl, combine apples, cranberries, 1/4 cup brown sugar, lemon juice, and cinnamon. 3. Grease an 8-inch baking dish and pour the mixture into it. 4. In a small bowl, mix flour and the remaining brown sugar. Cut in cold butter until the mixture is crumbly. Sprinkle this over the fruit. 5. Bake uncovered for 25–30 minutes or until the topping is golden brown and the filling is bubbly. If desired, serve with vanilla ice cream and enjoy!
Last month we had ... • 41 referrals from friends, family, or previous clients • 22 returning clients for a new matter • 11 referrals from other attorneys • 7 referrals from doctors and other professionals • We sent out 92 referrals to our trusted referral partners A Huge Thank-You to Our Referral Partners!
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Inside This Issue
1 Make The Most of This Thanksgiving 2 Don’t Let the Vultures Get You 2 Testimonial 3 DLG Passion Projects 3 Apple Cranberry Crisp 4 Local Businesses Come Together for SWFL
Do you follow us on social media? We’ve been following all the local businesses, and the ways they have given back to SWFL after Hurricane Ian are so heartwarming! We have seen businesses and individuals alike stepping up to support those in need.
Fancy’s Southern Café was feeding all Linemen and First Responders for free.
The Badgers and the Biker Lifestyle loaded up a U-Haul full of donations in Missouri to bring back down to SWFL within days of the storm making landfall in Florida.
For more lawyer stories and DLG news and updates, be sure to follow us on social media!
Bruno’s of Brooklyn fed over 6,000 people hot pasta and water for free by the fourth day after Hurricane Ian made landfall.
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How to Establish Transfers for Purposes Other Than to Qualify for Medicaid
For someone who needs long-term care and applies for Medicaid benefits, Florida has a five-year look-back period. The Medicaid agency will look back 60 months immediately preceding the otherwise eligible date, which is usually when the applicant is institutionalized and has submitted a Medicaid application. If the applicant made transfers for less than fair market value during the look-back period, then the assumption is that the transfers were made in order to qualify for Medicaid services by reducing resources down to the pertinent individual allowance. The applicant would then be assessed a penalty period when they would be ineligible for benefits. In Florida, that monthly penalty divisor is currently $10,809. However, the applicant can rebut this assumption by showing the assets were transferred for some other purpose than to qualify for Medicaid long-term care services. One way the applicant can try to rebut the assumption is to show they were not sick and in need of care when transfers were made, thus they were not contemplating Medicaid eligibility. Another way would be to show a habit of gifting before Medicaid was needed. In a recent case, Victoria had made various transfers to her children before she was diagnosed with Parkinson’s disease in 2016 and before needing care in 2018. After being assessed penalties for all the transfers, the first step in her case to rebut the assumption was to show that she was not ill before the 2016 diagnosis. Victoria presented medical documentation and testimonial evidence. The state tried to argue that Victoria’s dementia symptoms began in the
years before 2016. However, the court was unmoved by that argument, stating, “The fact that a future need for nursing home care may be foreseeable for a person of advanced age with chronic medical conditions is not dispositive of the question whether a transfer by such a person was made for the purpose of qualifying for such assistance.” The court next looked at each transfer to determine whether or not it was made in contemplation of Medicaid eligibility. Victoria had a long history of giving her daughter money. The court found that transfers to the daughter before the Parkinson’s diagnosis were not made in order to qualify for Medicaid benefits. This is because Victoria had a “consistent pattern of gift-giving to her daughter, were made at a time when petitioner was financially solvent, and were made before the sudden deterioration of her health.” Victoria also made a transfer of $10,000 in 2014 to one of her sons. He had borrowed money from Victoria in order to purchase a car. The court found that this transfer should not be penalized because a note was executed and it complied with Medicaid rules. “Assets conveyed through a note or a mortgage during the look-back period are considered to be transfers for full market value when the underlying loan is actuarially sound based upon the lender’s life expectancy, provides for equal payments throughout the life of the loan — with no deferrals or balloon payments — and includes a provision prohibiting cancellation upon the lender’s death.”
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loan was made long before her medical diagnosis, so this transfer was not penalized.
However, the son failed to make payments on the note after the 2016 Parkinson’s disease diagnosis. The court ruled that the remaining balance was forgiven by a motivation to qualify for Medicaid, so that amount of the transfer was penalized. A second son was loaned $150,000 to start up a yogurt business. However, the business failed. The son executed an asset sale agreement where Victoria’s husband received about $55,000 from an equipment sale. Since the business had no other assets, there was no way to seek repayment for the remainder of the loan. The court ruled that the loan document complied with Medicaid rules and laws. Also, the RANDOM REVIEWS Ginger Bistro AUTHENTIC CHINESE RESTAURANT Until recently, my only Chinese food experience in Florida was either takeout from a strip mall or a large chain restaurant, neither of which is the type of Chinese dining I grew up with in North Jersey. While much of the food I had in Florida was good, I missed the “dining experience” of starting off with a cup of traditional hot tea while perusing the menu. Finally, I unexpectedly came across a restaurant that was like the authentic Chinese restaurants I grew up with when I met my best friend Nick (also from New Jersey) and his family at the Ginger Bistro in Fort Myers while they were vacationing this past season. From the outside, you might think this is just another trip to a strip mall Chinese restaurant. However, once you walk inside, you immediately realize you are not in for the typical experience. From the Chinese music playing to the prepared Peking ducks hanging in the display window (if you don’t know what Peking duck is, think of the last scene in “A Christmas Story”), I was immediately transported to the restaurants of my youth. Then, when I opened the unbelievably extensive menu, I realized this was going to be fun. I think you could probably go there every day for a year and not eat the same thing twice.
Another loan was made to both sons. The court did conclude that this transfer would be penalized as it was made after her diagnosis and the loan terms did not comply with Medicaid laws. Namely, the note called for balloon payments. One lesson from this case is that you can establish that transfers were not made in contemplation of Medicaid eligibility and therefore should not incur a penalty. The second valuable lesson is to always execute notes that comply with Medicaid eligibility laws.
–Mark Martella, Esq.
Photo: Ginger Bistro, Facebook
wonderful flavors, such as Mongolian beef or pork in garlic sauce. My favorite appetizer is their salt and pepper eggplant, which at first I only tried because one of the couples we were dining with was vegan. Now I get it every single time! If you are vegetarian or vegan, there is an extensive menu of choices that does not disappoint. Recently, I discovered their Cape Coral location, which I liked even more as it is a bit more intimate. If you are looking for an authentic Chinese dining experience featuring Hong Kong-style dim sum and BBQ, along with a wide variety of Cantonese-style stir-fry dishes, then I highly recommend giving Ginger Bistro a try. Unfortunately, I am writing this a week after Hurricane Ian ravaged our Southwest Florida community, and I don’t know how well either location weathered the effects of the storm, but I am hoping they are reopened by the time you are reading this and that you can help support their recovery. The Fort Myers restaurant is located at 4650 Cleveland Ave. (Rt. 41) in the JOANN Fabrics shopping plaza, 239-689-3113. The Cape Coral location is located at 2366 Surfside Boulevard, 239-558-8865. Check out their menu at GingerBistroUSA.com. –Mark Martella, Esq.
I first went to Ginger Bistro before I switched to a plant- based diet, so I have had their pork and beef dishes, all with
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