News Articles

November 2021 Newsletter

Monday, November 22nd, 2021

Don’t pass on reading this thinking you are too savvy to be a victim of some kind of financial abuse-- a growing issue for seniors. Ask your friends. I suspect you will quickly hear of a “near miss” if not a real victim.

October 2021 Newsletter

Tuesday, October 12th, 2021

A reverse mortgage is an option for individuals 62 years or older who need cash and may not be able to get a standard loan or line of credit. A reverse mortgage allows a person to use the equity in his or her home and receive loan payments on a specified schedule. The borrower does not have to repay the loan as long as he or she remains in the home and is able to maintain it. However, as soon as the house is sold, the borrower dies, or leaves the home for an extended period of time, the loan balance is due.

September 2021 Newsletter

Monday, September 20th, 2021

As you all know, our office specializes in Public Benefits law, primarily long-term care Medicaid. The general public and many commentators have serious misconceptions about Medicaid planning. Many think it simply a matter of spending down money or paying nursing homes or buying prepaid funeral contracts or even just purchasing certain types of annuities.

August 2021 Newsletter

Thursday, August 19th, 2021

When someone retires at “full retirement age” and applies for their retirement benefit, they are entitled to a monthly Social Security benefit called a “primary insurance amount”. For persons born from 1943 to 1954, their “full retirement age” is 66. But if that person waits to claim their retirement benefit until age 70, they get a higher benefit that goes up in increments beyond the “primary insurance amount” up to age 70.

July 2021 Newsletter

Monday, July 19th, 2021

In our Estate Planning and Elder Law practice, we have clients with small businesses. Clients often engage in both selling their businesses as they wind down and buying businesses. Transferring businesses to family members is a major part of long-term care planning; especially for Medicaid qualification. Occasionally it may make sense for an elderly client to purchase a business.

June 2021 Newsletter

Thursday, June 17th, 2021

Last July we wrote about some changes in IRA distribution law known as the SECURE Act. One change makes designating a Qualified Disability Trust a beneficiary of an IRA instead of an individual efficient for both tax and public benefit purposes. This newsletter explores the use of such trusts and confusion about them.

May 2021 Newsletter

Monday, May 17th, 2021

Previously we looked at the timelines for Medicaid Planning, the Medicaid Asset Protection Trust (MAPT) and how the MAPT protects assets for someone who may need long term care Medicaid. Today we will look at how the MAPT protects its beneficiaries, typically our children.

April 2021 Newsletter

Friday, April 16th, 2021

Previously we looked at the timelines for Medicaid Planning and the Medicaid Asset Protection Trust (MAPT). We will look at how the MAPT works and its advantages in protecting assets and qualifying one for long term care Medicaid.

March 2021 Newsletter

Thursday, March 18th, 2021

This is the first of several parts discussing Medicaid planning. It is no secret the cost of long-term care in America is the greatest threat to the economic well-being of most Americans. There are only three ways to pay for long-term care: Private long-term care insurance; private resources; and after you have spent all your money and are broke; Medicaid.

February 2021 Newsletter

Tuesday, February 16th, 2021

What do Wilson Pickett, Bobby Goldsboro, Marvin Gay, and Carole King all have in common? Other than being popular singers?

They all said it’s too late! But is it?

January 2021 Newsletter

Thursday, February 11th, 2021

Social Security payments are determined by a number of factors: the amount of money you earn and amount you pay into the Social Security system, the age at which you begin taking benefits, marital status, how long you work, disability status and other factors. There are a number of ways to increase what you receive from Social Security. Not all of these methods will be applicable to everyone or even practical but consider them nonetheless.

December 2020 Newsletter

Wednesday, December 16th, 2020
Business owners are notorious for engrossing themselves in the day-to-day management and functions of their businesses. As a business owner, you are likely the heart and soul of the company you lead. Your clients love you, and you have built unique relationships with your contractors and suppliers.

November 2020 Newsletter

Tuesday, November 17th, 2020

Since 1993, every state must establish a program to recover Medicaid expenditures from the estates of recipients. 42 U.S.C. § 1396p(b)(1)(B). This is known as “estate recovery.” In theory states can impose liens to personal or real property 42 U.S.C. § 1396p(a) or seek to recover from the Medicaid recipient's decedent's estate. 42 U.S.C. § 1396p(b)(1)(A).

Fall 2020 Webcast Calendar

Thursday, October 15th, 2020

5 Upcoming Webcast on 3 Intriguing Topics –Register Today!

October 2020 Newsletter

Wednesday, October 14th, 2020

In essence, Wills do nothing while the Will maker is alive. Trusts function as both substitutes for powers of attorney and for wills.

September 2020 Newsletter

Monday, September 14th, 2020

Did you know that once a child reaches the age of 18, you no longer have access to your child's medical or financial information or that you no longer have the ability to make medical decisions or act in a financial capacity for them unless you have their written consent or are with them and they give their verbal consent?

August 2020 Newsletter

Tuesday, August 11th, 2020
Many of us are not receiving long term care Medicaid, but contemplate we may need such long-term care in the future. Sometimes citizens have cash resources that
exceed the Medicaid limit. At the same time, family members, typically the eldest daughter, are providing care out of their own time and resources, which is
burdensome to the caregiver and guilt giving to the parent.

COVID-19 reopening plan for Estate & Elder Law Services

Thursday, July 30th, 2020

As valued colleagues and clients, we want to continue keeping you informed of the operations of Estate & Elder Law Services amid ongoing concerns of COVID-19.

Catherine B. Read named Chair of the Elder Law Section at DSBA

Tuesday, July 28th, 2020

The Elder Law section is comprised of Delaware attorneys who are interested in the impact of the law on the elderly, including but not limited to, issues relating to elder abuse and financial exploitation, adult guardianships...

June 2020 Newsletter

Friday, June 19th, 2020

Turmoil, anxiety, vexatious, how many words can you use to explain the Covid-19 plague?