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Medicaid Estate Recovery: Why You Received a Letter After a Loved One’s Death
When a recipient of homecare or nursing home Medicaid passes away, a state agency will send a letter to the recipient’s estate with the value of the services it rendered for the last ten years preceding the recipient’s death. However, recovery only applies to recipients who were aged fifty-five or older.
A first party supplemental needs trust, also known as a special needs trust, is established with the disabled beneficiary’s own funds, usually from a lawsuit settlement or inheritance, to avoid becoming ineligible for a needs-based government benefit.
Question: My loved one passed away and someone needs to clean out her home, who is in charge of that?
Question: When my husband died, some of his assets went into a credit-shelter trust under the terms of his Last Will and Testament. I am the beneficiary of the trust during my life and when I pass away everything will be distributed to our son outright.
Question: My husband passed away a couple of months ago. All of our assets were held jointly except for one of our cars, which was held in his sole name. The car is worth about $20,000.00. What do I need to do to transfer the car into my name? Do I need to go to Court?
For parents of minor children, under 18 years of age, there are important considerations you should be discussing with respect to your Last Will & Testament. Minor children do not have the ability to collect the funds of an estate or be their own decision-maker.
Congratulations! You graduated from high school and are (fingers crossed) heading off to college in the fall. In preparation, you are shopping for school supplies, bedding, a new wardrobe, and researching the best classes to take. What you’re likely not thinking about is ensuring you have the proper estate planning documents in place before heading off to school.
Our elder law specific estate planning sometimes involves both a revocable and irrevocable medicaid asset protection trust to provide flexibility for the unknown future. One issue that comes up is when a client enters an assisted living facility is which trust can help pay the costs of the facility.
Since the advent of the coronavirus pandemic, we have been approached my people who are nervous because they have no Will or advance directives, but are unable to meet with a lawyer because of the risk. Covid19. People want to know what the consequences are if the get sick or pass away without such documents in place.
Incapacity and death are usually topics that one attempts to push off to a future date or sweep under the rug. We rationalize – “I am young” or “I am still handling my affairs” or “I will worry about it later”. It is not until we are faced with a life changing event that propels us on a path to deal with the situation at hand.
When a person does their estate planning, he or she will typically prepare a Last Will and Testament. A Will contains a provision that nominates an Executor.
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Partner Britt Burner, Esq. explains how often to review your estate planning documents and the life changes that may prompt a review.
