SMALL GIFTS, BIG HEADACHES "Okay," I say to my client, "tell me in general terms to whom you wish to leave your money after you pass away." The...
Eldercare Lawyer Blog
Sabree v. Richman: Key Takeaways
WHAT'YA GONNA DO, SUE ME? Recently, the United States Court of Appeal for the Third Circuit - the federal appellate court that handles appeals in...
Can a Prepaid Funeral Help You Qualify for Medicaid?
ARE PREPAID FUNERALS A SCAM? Are pre-paid funerals a scam? The American Association of Retired Persons (AARP) thinks so. And, in a November...
Planning for Medicaid With Trusts
PLANNING FOR MEDICAID WITH TRUSTS People who know anything about Medicaid know that they're automatically ineligible for benefits for three years....
Why the Olmstead Decision Still Matters Today
One of the most significant problems with the Medicaid program is that it tends to force people into nursing home care. Medicaid is a federal and...
Can a Nursing Home Really Take Your Money?
MOM DOESN'T WANT THE HOME TO TAKE ALL OF HER MONEY "We don't know what to do," says the son. "Mom needs to go to a nursing home, but we don't want...
Nursing Home Residents Rights
The Bill of Rights for Nursing Home Residents If you're in a nursing home - or have a loved one in a nursing home - you will probably be happy to...
No Deeming and Medicaid
GOVERNMENT INTERFERENCE: A STATE OF MIND "I had to place my wife in a nursing home," says the man who has come to see me today. "I didn't want to,...
Misconceptions About Medicaid and Estate Planning
THE UNWARRANTED FEAR OF LAWYERS: COSTS AND CONSEQUENCES As those who read my column on a regular basis know, I practice elder care law and only...
Medicare Choice: How to Decide What’s Right
Is Medicare+Choice the Right Choice for You? Medicare is the only national health insurance program. Persons eligible for Social Security retirement...
Medicare Home Health Aide
MEDICAID HOME HEALTH AIDE For the thousands of individuals in our society struggling to live independently in the community, the Medicare home...
Medicare Drug Benefit: What You Should Know
MEDICARE'S NEW BENEFIT: A TOUGH PILL TO SWALLOW The Medicare program will finally have a prescription drug component. Whoopi! Medicare was...
Medicare and Skilled Nursing Facility
NURSING HOME DISCHARGE: WHAT ARE MY RIGHTS? The scenario: Mom, age 80, falls and fractures her hip. She needs surgery and remains in hospital for...
Medicare 100 Days of Coverage
MEDICARE'S 100 DAYS OF COVERAGE As those of you who read my column know, I practice elder law. Most every day of the week, I am either discussing an...
Medicaid Takes Money
BUT WON'T MEDICAID TAKE MY MONEY A lot of people believe that if they require long term care, Medicaid will take their money. "Can I save my money...
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Recent Posts
What Taxes Will My Family Actually Have to Pay?
What taxes will my family pay after I die? Many of my clients are concerned about the taxes their family will have to pay after their death, so I hear this question quite often. In recent years, the potential of estates paying a death tax has been reduced...
An Irrevocable Trust Isn’t the Only Way Forward
“Can I use a revocable trust for that instead of an irrevocable trust?” I get that question a lot from clients. Whether you need a revocable or an irrevocable trust depends on what you are trying to accomplish with the trust. A trust is a fiduciary relationship...
Planning for a Second Marriage
What should a married couple in a second marriage consider when drafting their last wills and testaments? Oftentimes, each spouse in a second marriage has children from a first marriage. How does each spouse provide for the financial security of the surviving spouse...
How the Sausage Is Made: Estate Planning Insights
I draft a lot of financial powers of attorney, health care directives, and last wills. A lot. For the young and for the old, even though I am known as an elder law attorney. When you draft a lot of these documents, you use form documents. I have been an elder...
What Type of Trust Do I Need?
When should I have a revocable trust? When should I have an irrevocable trust? I hear these questions often from clients. I always like to start any discussion of a complex subject with definitions. A trust is a fiduciary relationship through which one person,...
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