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Question: Am I able to obtain a mortgage on my real property if it is owned by an irrevocable Medicaid trust? Can a bank demand that an existing mortgage be due in full if I transfer my property to an irrevocable Medicaid trust?

The tail end of the baby boomer generation is turning fifty-five this year and those born in the forties are moving into their seventies. They are setting milestones as they enter this third excelling at all levels.

Question: My aunt has a home that she purchased in 1980. It is now worth $300,000.00 and she wants give it to me to protect it from the cost of nursing home care. Can she just deed it to me? My lawyer is suggesting a trust. What is the difference?

While many people assume that their spouse will automatically inherit their assets if they die, this may not be the case. If you die without a Last Will and Testament, your assets will be distributed according to the Laws of Intestacy.

Question: My father is in his eighties and although he is in good health, he would like to plan and pay for his funeral now. Does it make sense for him to do this?

Question: Do I need to seek legal advice for my will or can I make my own using an online service? What things do I need to consider when making up my will? Are online wills valid?

Married couples often share everything. They can have joint assets including real estate, checking and savings accounts, and brokerage accounts. However, there are assets that cannot be held in joint names.

Question: My mom had a Will from 10 years ago that left everything equally to me and my siblings. Right before she died, I found out my brother made her sign a new Will that left everything to him. I don’t think she understood what she was signing. What should I do?

Question: My mother passed away about six months ago. My father recently executed estate planning documents with an Elder Law Attorney. He told me that he named me as his agent under a Power of Attorney. Since I am married, is it necessary for me to have a Power of Attorney or can my wife handle everything if needed?

Losing a spouse is an extremely difficult time in life and handling the administration of their estate can be a stressful experience. When you are ready, it is important to seek the advice of an estate planning and elder law attorney to discuss what needs to be done on behalf of your spouse’s estate and also what planning you need to do for your own estate.