Estate Planning and Elder Law Blog

Gifting to Minors

Question: I plan to make large gifts to my children and grandchildren before the year is over. I have two daughters, and they each have two children. All of my grandchildren are under the age of 18. One daughter has some creditor issues and I am afraid that gifting her money will just result in…

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Transferring Property into a Trust

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? Answer:  This is a good…

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Pooled Income Trusts

Q: My mom gets $2,000 income that is made up of her social security, a small pension, and monthly distributions from her retirement account.  Does she have too much income to qualify for home care services through the Medicaid program? A: No, your mom can stay in her home, receive services, and use her income…

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Planning for a Family Member with Special Needs

Planning for a Family Member with Special Needs Caring for a loved one with special needs during your life may be one of the most important jobs you have, but many do not realize the importance of planning for that same person for after you are gone. Since so many disabled individuals receive some kind…

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Why Do I Need a Will?

Question: I am a married with two grown children. I want my wife to inherit all of my assets so why do I need a Will? Answer: 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…

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Planning for a Family Member with Special Needs

Planning for a Family Member with Special Needs Caring for a loved one with special needs during your life may be one of the most important jobs you have, but many do not realize the importance of planning for that same person for after you are gone. Since so many disabled individuals receive some kind…

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Managed Long Term Care Program

Question: My father was recently enrolled into a Managed Long Term Care Company. I am having a hard time navigating his benefits and getting the care at home that he needs. Are there any options?  Answer: Yes, there are options. First, a basic understanding of the Managed Long Term Care Program (“MLTC”) is helpful when…

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Estate Planning for Building Owners

If you are the sole owner of an income producing property, you should consider placing that property in a Revocable Trust. There are several benefits in executing a trust to hold the real property, rather than bequeathing the property in a will, including avoiding the costs of probate and protecting privacy. The need for continuity…

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Online Wills

Q: 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? A: If drafting your Will online may seems “too good to be true”– the answer is… it is!…

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Power of Attorney for Married Couples

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. While a retirement account or life insurance policy can name the spouse as beneficiary, the owner is usually just one person. Therefore, if the…

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