Medicaid Estate Recovery and Medicaid Payback Rules

         Federal law requires each state to attempt to recover long-term care benefits from Medicaid recipient’s estates after their death. This is known as Medicaid estate recovery. If a Medicaid recipient had failed to protect their house, it may need to be sold to settle the claim. Who Does the Medicaid Estate Recovery Program (MERP) Affect? […]

Protecting Your House from Medicaid Estate Recovery

         You may have heard the term “estate recovery” before and wondered what it meant. This is a process that can occur after a Medicaid recipient dies. Their state may attempt to recoup whatever benefits it had paid for their care from the deceased person’s estate. For most Medicaid recipients, their house is the only […]

Watch Out for These Potential Problems with Life Estates

         Life estates can be an excellent tool for Medicaid planning, probate avoidance, and tax efficiency, but there are potential problems and risks to understand before creating one. Is a life estate right for you?  The Benefits of a Life Estate In a life estate, two or more people have an ownership interest in a property, but for different […]

Notarizing Documents for Seniors With a Dementia Diagnosis

         An Alzheimer’s or dementia diagnosis can be a challenging journey for the person and family alike. When the diagnosis occurs, a ticking clock begins on the timeline for proper and sound notarizations for crucial legal documents. What Does It Mean to Get a Document Notarized? According to the National Notary Association, having a document notarized […]

Why Hire an Elder Law Attorney?

         Elder law attorneys may specialize in estate planning, incapacity planning, and end-of-life care for seniors. These practitioners are essential because they work to protect a vulnerable population. Seniors and their families should consider hiring an elder law attorney to plan for their future and care. How Can an Elder Law Attorney Help My Aging […]

Does Your Estate Plan Include Your Pets?

          Have you considered your pet or pets when planning your estate? If not, you should, according to The Humane Society of the United States, the nation’s largest animal protection organization. Pets usually have shorter life spans than humans, but people don’t always include their pets in their estate plans. If a pet owner doesn’t make plans […]

11 Common Acronyms in Elder Law and Estate Planning

          In helping clients prepare for their future, estate planning and elder law attorneys use many acronyms. Understanding some of the common medical and legal terms in this field can give you added confidence in your approach to planning for your own future or that of your loved ones. 1. AEP (Accredited Estate Planner) — An […]

October is National Estate Planning Awareness Month

What is Estate Planning? While this designation is very recent, the concept of Estate Planning itself is not. “Estate planning is a process involving the counsel of professional advisors who are familiar with your goals and concerns, your assets and how they are owned, and your family structure. It can involve the services of a […]

10 Reasons to Create an Estate Plan Now

October is recognized as National Estate Planning Awareness Month. Many people think that estate plans are for someone else, not them. They may rationalize that they are too young or don’t have enough money to reap the tax benefits of a plan. But as the following list makes clear, estate planning is for everyone, regardless […]

Understanding the Common Types of Trusts

A trust is a legal arrangement through which one person (or an institution, such as a bank or law firm), called a “trustee,” holds legal title to the property for another person, called a “beneficiary.” Trusts fall into two basic categories: testamentary and inter vivos. A testamentary trust is one created by your will, and […]