Latest News

Why Use a Lawyer for Medicaid Planning?

Thursday, January 10th, 2019

While anyone can apply for Medicaid, advice and representation of a qualified elder law attorney has many advantages for seniors hoping to protect their assets as they plan for long-term care costs they may face in the future. Your alternatives are to go it alone, rely on recommendations from well-meaning friends, use a non-lawyer recommended by a nursing home, use an elder law attorney or use a lawyer certified and accredited by the American Bar Association.

Here are some things to consider as you begin to plan.

Review Your Will if Your Beneficiaries have Student Loans

Thursday, January 3rd, 2019

We advise our clients to review their estate planning document regularly for many reasons. New babies need to be included, divorces should be taken into consideration, people who expected to be a trustee may move or have changed their mind. Another reason has to do with student loans for college students.

One Well Crafted Power of Attorney is All You Need

Tuesday, December 18th, 2018

Durable powers of attorneys are important to manage the affairs of incapacitated adults. Often we are forced to file guardianship proceedings because a client has either no power of attorney or an inadequate power of attorney. Approximately half of all states have adopted some version of the Uniform Power of Attorney Act. Delaware has had its present statute since October 31, 2010.

Failed Attempt to Resign Leaves Executor Potentially Liable for Unpaid Estate Taxes

Thursday, December 6th, 2018

In September, a U.S. District Court ruled that the son of an aerospace executive was liable for unpaid estate taxes because he had failed to properly resign as executor of his father’s estate.

In this case, the son had resigned as part of a settlement agreement approved by the Superior Court, but state law required him to resign through the Probate Court. While the case in question is very complicated and involved an estate worth hundreds of millions of dollars, the warning for anyone who wants to retire from his/her role as a fiduciary is clear: be sure to follow the law.

Could Medicare-for-All Work?

Tuesday, November 20th, 2018

With the elections behind us and a new Congress forming, the idea of Medicare-for-All may be eating up space in newspapers and newscasts in the coming months. It’s hard to argue with the goal of providing basic health care for every American, however, the debate about how to achieve that goal calls for clear thinking.

One reason Medicare-for-All is popular is because the cost of health insurance continues to rise – and rise dramatically for people who buy their own coverage because they don’t have a health plan at work or don’t qualify for Medicare or Medicaid.

Don't Let Lack of Planning Ruin Late-in-Life Romance

Tuesday, November 13th, 2018

New love in your golden years can be a wonderful surprise, but before you walk down the aisle again, work with an attorney to identify any unexpected consequences of new marriage. You should consider your estate plan, the assets each person brings to the marriage, tax consequence, pensions, alimony, survivor benefits and other beneficiaries.

What's Happening with Senior Housing?

Tuesday, October 30th, 2018

A New York Time story says nursing homes around the country are closing.

A retirement housing expert say Boomers expect better housing choices

The times they are a-changing!

Apply for VA Benefits Before Oct. 18, 2018 to Avoid New Penalties

Thursday, September 27th, 2018

On September 18, the Veterans Administration (VA) published new rules that make it more difficult to qualify for this important benefit after October 18 of this year. For example, any gifts that you made in the past 36 months, either to a family member or to an irrevocable trust, would be penalized. Likewise, an investment in an annuity would be penalized. This means you could be prohibited from qualifying for VA pension benefits for up to 5 years, depending on the amount of the gift(s).

Who Pays Your Debts When You Die?

Monday, September 24th, 2018

Did you know 73% of consumers have outstanding debt when they die? According to December 2016 data provided to by credit bureau Experian, the average debt is $61,000.

Who pays for that?

Medicare Now Covers e-Visits to the Doctor

Thursday, September 6th, 2018

Two new federal laws permit Medicare Advantage plans to offer telemedicine as a covered benefit and allow doctors to bill the government for monitoring certain patients remotely using telemedicine tools like tracking heartbeat and rhythm, blood pressure and blood glucose levels.

Telemedicine, also referred to as telehealth, allows you to ‘visit’ with a doctor using a computer, tablet or phone that has a camera. The doctor --  who may be down the street or across the country -- is able to coach you through some simple steps that may be needed for a diagnosis, like feeling your throat for swelling. (Many area hospitals offer telehealth apps that you can download to your computer or telephone.)

Estate Planning Tips When a Child has Special Needs

Tuesday, August 28th, 2018

If your child has special needs, you have undoubtedly spent a lot of time caring for him/her day to day and preparing for his/her the future. You Estate Plan can continue to provide a watchful eye over your loved one if you make smart decisions now. 

One of the best decisions you can make is to create a special – or what we like to call a supplemental -- needs trust for your child.

A properly structured trust manages your child’s inheritance so public benefits that cover food, shelter and medical care are not lost.

An Advanced Directive May Make Your Last Days, Better Days

Thursday, August 16th, 2018

In our last blog, we talked about the importance of being very specific in an Advanced Directive about receiving food and hydration when you cannot speak for yourself, potentially because of late stage dementia.

A recent article in Time magazine addresses another common medical procedure which often violates a patients’ wishes: the use of breathing machines.

If a patient arrives in an Emergency Department with difficulty breathing, staff may quickly suggest a breathing machine.

Advances In Advanced Directives

Thursday, July 19th, 2018

As individuals live longer with chronic illnesses, problems with traditional Advanced Directives for health care are beginning to become apparent.

Attention Veterans: Expanded Benefits May Benefit You

Monday, July 16th, 2018

We encourage veterans to carefully read about recent changes to VA benefits and access to care.

Prepaid Funerals Can Help You Qualify For Medicaid

Wednesday, June 27th, 2018

No one wants to think about his or her death, but a little preparation in the form of a prepaid funeral contract can be useful.

Common Costly Mistakes To Avoid

Wednesday, June 13th, 2018

Recent news stories highlight how small mistakes can create real problems for you as you grow older. Here are two you can learn from.

Prepare Your House So You Can Age-In-Place

Saturday, June 2nd, 2018

If you are like most Americans, you want to live to a ripe old age in your own home.

Understanding the Differences Between Wills and Trusts

Monday, May 21st, 2018

Everyone has heard the terms “will” and “trust,” but not everyone knows the differences between the two. Both are useful

Planning a Divorce? Be Sure to Update Beneficiaries of Your Will, Estate Plan and Other Documents

Thursday, May 3rd, 2018

Although estate planning will probably be the last thing on your mind after a divorce, you should certainly review your will

Estate Planning is Critical for Unmarried Couples

Tuesday, April 24th, 2018

We live in a wonderful country with freedoms many people around the world only dream about.