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Can You Still Qualify for Community Medicaid If You Exceed the Income Limit?

Many families assume that if an older adult's monthly income exceeds Medicaid's income limit, they are automatically disqualified from receiving Medicaid home care. In reality, that is one of the most common misconceptions in elder law.

July 27, 2026
Incapacity

My father is a widower and was recently diagnosed dementia. I am worried he is becoming incapable of taking care of himself. He never executed a health care proxy or a power of attorney. Can he sign them now? If not, what options do I have to get him the care that he needs?

January 20, 2019
Dividing the Personal Property of an Estate

Question: My mother recently passed away. I am the nominated executor of her estate. Her Will directs that all of her personal property is to be shared equally among her children. Can you give me any suggestions about how to divide the personal property?

January 8, 2019
How Often Should You Update Your Will?

In general, we suggest clients review their estate plan every five years or after a major life event. Such events include marriages, divorces, births, deaths, retirement, sale of your home, etc.

December 19, 2018
Not Your Grandmother’s Will

If you happen to have a copy of your parent’s or grandparent’s Last will & Testament, it is likely that the estate plan was simple- everything to the spouse, then when the second spouse dies, everything to the children. We call these “sweetheart” or “I Love You” Wills.

December 14, 2018
Can Power of Attorney Be Used to Change Beneficiary Designation?

My mother recently passed away. She had two children, myself and my sister. Prior to her death, she had named my sister as agent under her power of attorney. My mother’s will treats both of us equally. I found out that a month before her death my sister used the power of attorney to change the beneficiary on my mother’s bank account to just herself. Was she allowed to do this?

November 28, 2018
Surrogate’s Court Procedure Act

My sister wants me to sign a document that allows her to probate my mother’s will. The problem is that the will favors my sister, and I think the circumstances around the will are suspect. Is there a way I can get more information about the will signing?

November 16, 2018
Inheritance

Inheritance is the practice of passing property upon the death of a decedent. The rules of inheritance differ from state to state.

October 24, 2018
Compelling a Fiduciary to Account an Estate

Question: My sister is the Executor of my mother’s estate. She had three children and we all share the estate equally. My sister sent me a Receipt and Release Agreement proposing a distribution to me of $50,000.00. I want the money, but I don’t feel comfortable signing the Receipt and Release. What should I do?

September 28, 2018
Power of Attorney and Statutory Gifts Rider

Question: Two years ago my sister used a Power of Attorney given to her by my mother to withdraw $100,000 from my mother’s bank account.

September 24, 2018
Right of Sepulcher

Question: I was chatting with friends over coffee this evening and someone mentioned the “right of sepulcher”. What exactly is that right?

September 7, 2018

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Thought Leadership

Partner Britt Burner, Esq. explains how often to review your estate planning documents and the life changes that may prompt a review.

May 1, 2024 Read Article