Demystifying Guardianships for Incompetent Adults
By Stephanie R. Poston, Attorney I’ve often had a client tell me during our initial consultation that they are the guardian for someone else, yet when I ask for a copy of their Letters of Guardianship, they inevitably tell me that they don’t know what I’m talking about. So, what they meant was that they…
Read MoreHow Taxes Affect Estate Planning
Nothing is certain in life other than death and taxes. What is the impact of taxes on estate planning? In 2022, the federal estate tax exemption is $12.06 million per person. If the value of your estate is under this threshold, then your estate will not be subject to tax. Those with estates totaling more…
Read MoreWhen and How to Contest a Will
When and how do you contest a Last Will and Testament? The answer is both simple and quite complex. The simple answer is to file what is called a “Caveat” in the estate where the Will is being probated. A Caveat outlines the grounds by which the Will is being contested, typically attacking what makes…
Read MoreEstate Planning Attorney for Medicaid and Long-Term Care
The U.S. Department of Health and Human Services says someone turning age 65 today has almost a 70% chance of needing some type of long-term care services in their remaining years. Twenty percent will need care for longer than five years. Thirty-seven percent will receive care in a residential facility, such as a nursing home…
Read MoreProtecting Your House After Moving to a Nursing Home
Medicaid provides a variety of healthcare benefits but may recoup spending on beneficiaries after they die by seizing assets in their estate, such as houses. However, you can take steps to protect your home from Medicaid estate recovery. If you are preparing to move yourself or a parent to a nursing home, you need to…
Read MoreEstate Planning Gone Wrong: Mistakes to Avoid
Many people believe the word “estate” only applies to wealthy individuals with multiple properties and substantial assets, but this is inaccurate. Anyone who has money, property, or other assets has an estate and will benefit from a well-organized estate plan. A solid estate plan can help communicate your end-of-life wishes if you are unable to…
Read MoreVeteran Provisions: Providing for Our Vets in Civilian Life
I am honored to have recently become an accredited attorney for the preparation, presentation, and prosecution of claims for Veterans’ benefits before the Department of Veterans Affairs (“VA”). Since Veterans Day was November 11, I thought it timely to share some information regarding pension benefits available to United States wartime Veterans, and the surviving spouses of wartime…
Read MoreMedicaid Asset Protection Trust Planning
Medicaid is a program that provides significant health care and long-term care benefits to many Americans who qualify. Unfortunately, to qualify for Medicaid, you must have a low income and few assets. This means that if you’ve spent a lifetime working and saving, you must take steps to qualify for Medicaid before the need arises. The…
Read MoreWhat is Elder Law?
The practice of elder law refers to assisting people with the legal aspects of issues that affect all of us in our later years. But many elder law issues should be dealt with before you are elderly. This elder law issue includes: Estate planning Wills Trusts Health care planning Social security and retirement benefits Individuals…
Read MoreWhy Small Business Owners Need an Estate Plan
Just as each of us should make plans for the transfer of our personal assets to our heirs, the small business owners among us should plan for the disposition of their businesses. Your small business needs an estate plan, just as you do. The estate planning attorneys at the Trusts and Estates Law Group, can…
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