When planning for the future, each of us would prefer to retain some semblance of power over the assets we leave to our loved ones. But how do we control how things are divvied up or used after death? One answer is to include a power of appointment in planning documents.Read More

A key element of estate planning is to remember that things change. Assets today might not be available down the road. At the same time, assets might grow and require money to be moved around or reallocated when a spouse passes away.Read More

Most states have a child caretaker exception to their Medicaid transfer rules.  An elderly parent can transfer their home to an adult child who lived in the home with their parent for the two years prior to that parent entering into a nursing home. Such transfer of the home would not violate Medicaid look-back rules. ...Read More

The Veterans Asset Protection Trust can be an applicable and beneficial option for many that are looking for long-term planning options. The Veterans Asset Protection Trust is an intentionally defective grantor trust and can be considered as an option for those who are wartime Veterans or the surviving spouses of a wartime Veteran. This trust...Read More

As parents age, it’s common for their adult children or loved ones to become concerned about their financial situation and long-term care as they reach and surpass their retirement years.Read More

According to the National Institute on Aging, most long-term care is provided at home by friends and family. Taking on the care of a loved one can be a grueling, yet rewarding, task.Read More

There are many reasons to help clients avoid probate—it’s costly and time-consuming, not to mention it has the potential to make a public spectacle of a very private matter. More often than not, probate disputes can arise in response to unequal treatment of siblings and other close family members in an individual’s estate plan. Since...Read More

The Secretary of Health and Human Services (HHS) has the authority to alter certain Medicaid requirements for states that submit a section 1115 demonstration waiver that is subsequently approved.  The pertinent statute that authorizes these waivers, 42 U.S.C. 1315 §1115, has been around since Medicaid’s beginnings in 1965.  However, recently these waivers have been used...Read More

How different is elder law from estate planning, really? Estate planning, in part, deals with helping clients plan for disability, minimize taxes at their death, and to help their estate pass to their desired beneficiaries under conditions set by the client. Estate planning can also involve asset protection, retirement planning, and business succession planning.Read More

Everyone enjoys the warm and magical feeling that comes with new love. People of all ages hope to experience the delights of finding someone to share their life with. For elder clients though, many have already spent many years with someone for which they cared deeply. For this group especially, finding someone new to spend...Read More