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Understanding the Guardianship Process
Planning for incapacity means taking the time today – while you have a clear head – to make decisions about who you want to help you if you need assistance.
Supreme Court Decides Trust Taxation Case
The Supreme Court decides so few cases that lawyers, courts and agencies will look to this case for guidance on the taxation of trusts and beneficiaries in the interstate context for years.
Will You Be Caught in the Middle-Class Bind?
... too wealthy for government help and too poor to do without it ...
When Your Child Gets Married - Again!
Even if your child leaves money and assets to a second – or third, fourth – spouse, the money in your trust is separate and goes to your grandchildren.
Don't Forget: You Must Fund Your Trust!
Trust-based planning requires your active participation in the planning process as well as in funding the trusts we create.
Observation Status and Medicare: Update
The court case (Alexander v Azar) speaks to the fact that patients have no easy way to challenge the observation status designation – and many patients would save thousands of dollars if they could change the designation.
Special Needs Trusts Can Help Newly Disabled Manage Income from a Court Settlement
Using the settlement to fund a Special Needs Trust (SNT) is a way to maintain access to government benefits (Medicaid or Supplemental Security Income) and have access to settlement funds.
Finding the Right Care for Your Loved One
The right place will feel like a home, rather than an institution. Finding the right place will give you peace of mind that your loved one will continue to lead a happy, healthy and safe life.
Avoid These Mistakes When Choosing a Trustee for a Special Needs Trust
Even siblings often don’t appreciate what their parents do every day for their brother or sister with special needs.
Understanding Medicaid’s Child Caretaker Exception
In general, the Medicaid transfer rules prohibit a person from transferring money to someone else exclusively to qualify for Medicaid benefits. But the child caretaker exception allows a parent to transfer his/her house to a child who has been living in the house with the parent for at least two years and providing care that has kept the parent out of a nursing home.
Estate Planning When Your Child Turns 18
If your adult child is traveling abroad and decides to stay, who will sell his car and cancel his lease? You don't have the authority to act for him without preplanning.
Pros and Cons of The Uniform Transfer to Minors Act
The big takeaway here is that property titled to an UTMA account belongs to the minor. If the father had established a trust, the property in the trust would belong to the trust, not to Marcus, and would have been shielded (under Delaware law) from bankruptcy proceedings. It would also have protected against divorce, personal injury claims, etc.
Special NeedsTrusts Can Help Newly Disabled Manage Income from a Court Settlement
Special Needs Trusts allow these who are dependent on public benefits to receive these benefits and maintain some level of financial independence
Five Myths about Estate Planning
I once had a client who needed full-time care and had 10 nurses among her children, grandchildren and nieces who were candidates to provide that care. However, full-time care translated into 21 separate eight-hour shifts to fill every week -- they couldn't do it!
Medicaid – Make My Day!
Since Medicaid is likely to be in the mix if you need to pay for long-term care, it’s important to sort out fact from fiction. Here are some common misconceptions.
What’s Best for a Person with a Disability: ABLE Account or Trust?
In very broad terms, ABLE Accounts are similar to certain types of Special Needs Trusts (SNTs). They both aim to allow an individual with special needs to save money in a tax-free environment and remain qualified for government benefits from Social Security and Medicaid.
Here are some of the differences between an ABLE Account and a SNT which you should keep in mind as you prepare your child for an independent financial future.
Important Facts about Paying for Long-Term Care
There is confusion about what long-term care is and how to prepare to access care when you need it.
Plan Today for Care You May Need Tomorrow
Keep in mind, that you may need help gradually. Your plan may start with assistance at home and include a move to a program or facility later.
Act Quickly after Dementia Diagnosis
Often people with dementia are considered incompetent to make important decisions about their finances and care which is not the case in the early stages of the diseases.