Creating an estate plan can be an intimidating prospect if you know nothing about estate planning. In fact, one of the most common reasons people offer for not having an estate plan in place is that they simply don’t know where or how to start. Because every estate plan is uniquely geared toward the specific needs and goals of the creator, you should always consult with an experienced estate planning attorney when you are actually ready to get started on your plan. In the meantime, however, it … [Read more...]
Will Medicaid Pay for In-Home Care?
At some point during your retirement years, you may experience physical and/or mental deterioration that makes independent living difficult. You may not yet need the type of around the clock care offered by a nursing home though. Understandably, you may wish to remain in your home as long as possible. Moreover, you may be able to do so with the assistance of in-home care. The cost of that care, however, can be prohibitive if you are forced to pay out of pocket. The Indianapolis Medicaid … [Read more...]
What Is Elder Law?
Just as you would undoubtedly not consult with a pediatrician if you needed surgery to remove a brain tumor, you should not consult with a criminal defense attorney if you need your Last Will and Testament updated. Knowing which type of attorney you need, however, can be confusing given that the average person only interacts with an attorney a few times in their entire lifetime. In fact, it can be very difficult to know when the need for an elder law attorney arises given the fact that elder law … [Read more...]
What Is Considered a Countable Asset for Medicaid
If you have even a rudimentary estate plan in place already, you are ahead of the game considering the fact that over half of all Americans do not have any type of estate plan in place. Do not stop there though. While even a simple estate plan is better than no plan, creating a comprehensive plan can help you achieve a wide range of inter-related goals. For example, as you near retirement age, Medicaid planning should be part of your estate plan. As part of your Medicaid planning component, you … [Read more...]
Carmel Probate Steps for the Beginner
When a loved one passes away, the survivors go through a period of mourning that is typically marked by grief and other strong emotions. For one person, however, the mourning process must give way to the legalities of the decedent’s death. Whoever was appointed as the Executor in the decedent’s Last Will and Testament must find a way to focus on the administration of the decedent’s estate, a process referred to as “probate.” If you find yourself the Executor of the estate of a recently deceased … [Read more...]
What Happens If a Prenuptial Agreement Clashes with a Will?
When a spouse passes away, the legal steps that must be taken afterward can be exhausting in light of the grief you are also experiencing. In a perfect world, the decedent’s Last Will and Testament is submitted to the court for probate and his/her assets are eventually distributed to the beneficiaries named in that Will. What happens though, if you entered into a prenuptial agreement with your spouse prior to your marriage and the terms of that agreement now clash with the terms of the Will … [Read more...]
QTIP Trust Requirements
As you mature, and both your estate and your family grow, your estate plan will likely become more complex as well. A number of additional estate planning tools and strategies will be added to your initial plan in order to keep up with your changing needs and expanding goals. If you are part of a blended family, one of the estate planning tools you may decide to incorporate into your plan is a Qualified Terminable Interest Property, or QTIP, trust. Only your estate planning attorney can help … [Read more...]
Is an Older Loved One at Risk for Suicide?
If you have an elderly loved one, you undoubtedly worry about his/her physical and cognitive health, but has it ever occurred to you to worry about the risk of suicide? Probably not. Senior suicide is actually much more common that most people realize. In 2005, the most recent year for which statistics are available, there were 5,404 suicides in the United States among those aged 65 and older, according to the American Association of Suicidology. That figure translates into nearly 15 elder … [Read more...]
What Does a Living Trust Do for You?
Whether you are creating your very first estate plan, or updating one for the fifth time, there is a good chance that the option to incorporate a living trust into your plan will come up. As with all decisions relating to your estate plan, you should consult with your estate planning attorney before deciding to include a living trust in your plan. In the meantime, however, you may find it helpful to learn more about what a living trust can do for you. What Is a Living Trust? A living trust is … [Read more...]
What Assets Can a Spouse Keep on Medicaid?
Like most people, you undoubtedly hoped that you and your spouse could live out your retirement years in your own home without the need for long-term care. If, however, one of you reaches a point at which the type of care provided by a nursing home is necessary, you will also have to face the reality of the high cost of that care. One option may be to turn to Medicaid for help paying the bill; however, qualifying for Medicaid comes with its own set of obstacles and concerns. One of those … [Read more...]
