Medicaid is a health payment plan for needy individuals. When a person enters a nursing home or assisted living residence, he is faced with a...
Eldercare Lawyer Blog
How Much Tax Do I Owe?
“How much tax do I have to pay on my inheritance?” the client asked. The lawyer said, “It depends on what you inherited.” When a person, called the...
Can You Refuse an Inheritance
When a person dies, he leaves his property—called his “Estate”—behind to be distributed to certain people. Who those people are depends on various...
Can the Nursing Home Kick Dad to the Curb?
When a client of mine goes to live in a nursing home, his family members often have a great number of concerns. One of the most frequent concerns I...
Some Assumptions Don’t Hold Up Under Closer Review
There are several misconceptions that I hear from clients on a regular basis. I thought I would take the time to write about several of the...
A Living Will Is not a Death Warrant
If you read my column regularly, you know that I recommend anyone over the age of eighteen having three, basic estate planning documents—a last will...
Fear and Estate Planning Decisions
By concentrating my practice in one area—elder law—I see the same issue arise time-and-time again, so I understand the public’s reaction to certain...
What’s in a Name
What’s in a name? You would be surprised with the number of people who use a name other than their legal name and who aren’t even sure what their...
The General Durable Power of Attorney
Of all the estate planning documents, I think the most important document is a financial power of attorney. A financial power of attorney is often...
Drafting Your Own Will
I recently saw a question on a social media service. The person was asking if anyone knew a good estate planning attorney and what the cost of a...
Don’t Pay in Cash
For decades now, I have been filing applications for Medicaid benefits on behalf of my clients. I would say that in almost every case in which the...
My Kids Would Never Do That!
“My kids would never do that.” It’s a line I hear with some frequency, particularly when I discuss the possibility of a challenge to the client’s...
Are Guardianships Vehicles of Abuse?
I recently watched a docuseries. This particular show was about guardianships. The theme of the docuseries is to expose the ways in which people...
Stimulus Check
My office has received a number of calls about the federal stimulus check that many taxpayers received. There are two basic questions that my...
Meeting Me in the Age of Covid
Lately, you may have been thinking about your mortality and deciding that you definitely need to have your last will and testament drafted—the one...
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Recent Posts
Stepping Up With Irrevocable Trusts
In 2023, the United States Internal Revenue Service (the “IRS”) issued a revenue ruling concerning irrevocable grantor trusts and whether the assets held in such trusts receive a step up in basis when the taxpayer dies. This revenue ruling has caused tremendous...
Where Did My Money Go? Understanding What Happens to Assets After Death
Many families are surprised to learn that assets do not always pass according to a will. Accounts with named beneficiaries, jointly held property, and certain financial arrangements can redirect funds automatically after death. Understanding why this happens can help...
Applying for Medicaid: Cost and Services
In last week’s article, I wrote about non-attorney Medicaid application companies. Medicaid is a health payment plan for needy individuals. Medicaid will assist with paying for many of the costs associated with long-term care, such as care in a nursing home, in an...
Applying for Medicaid
I have been helping clients apply for Medicaid benefits for nearly twenty-five years. Medicaid is a health payment plan for needy individuals. Unlike health insurance or Medicare, if a person qualifies for Medicaid benefits, Medicaid will pay for most of the costs...
A Trust Can Change How Assets Are Exposed
When it comes to protecting assets, a trust is one of the most commonly discussed tools—but it’s not always as simple as it sounds. Different types of trusts offer different levels of protection, and timing plays a critical role in how effective they are....
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