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We are frequently updating and publishing new articles as changes occur in the fields of Elder and Estate Law.
How to Plan an Estate for a Child With Special Needs
Medicine and health care advancements enable children (and adults) with special needs (disabilities) to live fulfilling lives. Many scientists regard the term special needs as a euphemism for disability. Yet, the difference between the two terms is primarily one of...
What Makes a Will Different From a Trust
A will and a trust both offer specific and quite different estate planning benefits. Each state has specific laws and regulations governing these legal documents. You can have both a will and a trust; however, the information in each should complement the other. As a...
The Trend of Seniors Living in Shared Homes Is Growing During COVID-19
During the Coronavirus pandemic, seniors are reviving the idea of senior home-sharing, which is not a new phenomenon. The danger of COVID-19 infection in nursing homes and other long-term care living facilities, coupled with the isolation seniors have been facing,...
Understanding an Irrevocable Life Insurance Trust
The federal estate tax exemption allowance seems to be at risk of being reduced, and so it may be a good idea to reevaluate your estate plan. Senate Democrats are proposing to lower the current estate tax exemption from $12.06 million to $3.5 million for individuals...
Avoid the Pitfalls of Beneficiary Designations
It may seem simple to leave your property to your heirs. You make a will or a trust, you do a transfer-on-death deed for your real estate, you put your kids on your bank account, you designate beneficiaries for your life insurance and retirement accounts, and you’re...
Alzheimer’s Patients and Memory Care Living
Approximately two-thirds of all diagnosed cases of dementia are suffering from Alzheimer's disease according to reports published by The National Institute of Health (NIH) Library of Medicine. Alzheimer’s is also one of the most expensive diseases to treat and often...
Reassessment of an Estate Plan Is Necessary Following the Death of a Spouse
The passing of a spouse is not only a very emotional challenge but can be financially difficult as well. It is common for one spouse to handle family tax and estate plans, and a widow(er) may be looking at a complex financial situation with more questions than...
VA Nursing Home Rating System Being Reviewed by GAO
A formal review by the Government Accountability Office (GAO) of the rating system of Community Living Centers (CLC) operated by the U.S. Department of Veterans Affairs (VA) has been requested by ranking member of the Senate Committee on Veteran’s Affairs, Senator Jon...
Prenups: Not Just For Movie Stars
A married couple, Ginny and George, had extended family they wanted to leave their assets to when they died. Unfortunately, Ginny was then diagnosed with cancer. She began to worry: What could happen if she died before George did, and George remarried? Or vice versa?...
Assisted Living Facilities and Memory Care Facilities
Envision Jane, an elderly woman whose health had deteriorated to the point she decided she needed to move into an assisted living facility. Jane’s arthritis had worsened to the point where she couldn’t dress herself, she struggled to get in and out of the shower, and...
Misconceptions About Power of Attorney
One of the most essential components of an estate plan is a durable power of attorney. It allows someone who you appoint (your agent) to make decisions on your behalf in the event you become incapacitated. If you have not appointed an agent then your friends and...
Estate Planning for the LGBTQIA+ Community
To protect our loved ones and our assets, estate planning is important to any individual regardless of orientation. In the LGBTQIA+ community, estate planning can legally protect against discrimination even if others are reluctant to recognize your relationship and...