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In Terrorem is a term derived from Latin which translates to “in fear.” An In Terrorem provision in a decedent’s Last Will and Testament “threatens” that if a beneficiary challenges the Will then the challenging beneficiary will be disinherited (or given a specified dollar amount) instead of inheriting the full gift provided for in the Will.

What exactly is “probate” and why would you want to avoid it? Probate is the legal process whereby a last will & testament is determined by the Court to be authentic and valid.

Does the Veterans Administration provide any benefits to receive assistance at home?

A designated beneficiary on a Transfer on Death (TOD) account has only an expectancy interest in the account and cannot use the funds in the account until the death of the account holder. With no present interest the designated beneficiary cannot withdraw funds for his or her personal use during the account holder’s lifetime.

I recently signed a Health Care Proxy naming my daughter to make healthcare decisions for me. Is she able to access my medical records and speak to Medicare and my supplemental health insurance company?

The Executor of an Estate is the individual named by the Decedent in his or her Last Will and Testament to act on behalf of the Estate. The Executor is entrusted with the responsibility of making sure the Decedent’s last wishes are carried out with regard to the disposition of the Decedent’s property, assets and possessions.

If I don’t need money from my IRA, do I have to take distributions?

It is not unusual for a client to contact me and ask to review their estate plan. This may be precipitated by a recent diagnosis or simply by the passage of time. I have a checklist that I use when reviewing an estate plan if they have a taxable estate.

Using an online service to prepare your will can result in costly mistakes and may altogether fail to properly transfer your assets. Even if you have a relatively simple estate and plan to leave all your assets to your spouse or children, an estate planning attorney provide for family situations that an online will cannot.

In my practice as an Elder Law attorney, clients often inquire about the benefits of gifting to reduce taxes or to qualify for Medicaid. As a senior with the unexpected need for long term care in the future, the consequences of gifting may have unexpected results.