Federal law requires each state to attempt to recover the benefits paid by Medicaid from the estate of a Medicaid recipient after the recipient’s death. While Medicaid planning is permissible, and Medicaid even promulgates rules to help us plan for future eligibility, many people do not recognize the benefits or avail themselves of these rights....
Expecting and new parents have a lot on their minds and estate planning should be among them. From the anticipation of the arrival of their baby to the sleepless nights with a newborn, becoming a new parent carries new responsibilities. A Last Will and Testament is the only legal way to designate a guardian for...
All too often, we meet with clients who, with the best of intentions, have tried to effectuate Medicaid planning themselves or with an at- torney whose practice concentrates in other areas of the law and not elder law. Invariably, we are asked to fix the mistakes that were made. Regrettably, there are some mistakes that cannot...
Recently, Lamar Odom, the former NBA star who played for the Lakers and the Clippers, was found unconscious in a brothel in Nevada. In addition to being a professional athlete, Odom is famous for his 2009 marriage to reality television star Khloe Kardashian. Although the couple had separated and signed divorce papers in July of...
Memory loss; difficulty solving problems; becoming confused about place or date or time. Only a doctor can determine whether your or a loved one’s issues are the result of Alzheimer’s or something else, and that doctor should prescribe a course of action for treatment. There are, however, things that you might do to help slow...
If you are the owner of a business or professional practice, it is important that your estate planning documents are complete and up-to-date. You should develop an ownership transition plan so that your family and your business will be protected in the event of your death or incapacity. It is also important to consider the...
Seniors face unique perils when they are hospitalized. Apart from the ever-present threat of Covid infection, delirium, functional decline and medication toxicity are some of the problems that more frequently affect seniors than younger patients. Upon discharge, many patients are overwhelmed by the information they are expected to digest including discharge instructions and follow-up appointments....
Every year we receive telephone calls from people who own property that is titled in a trust or are the trustees of trusts that own property. Often, they have either already sold the property or are contemplating its sale. The purpose of this article is to alert readers to the importance of understanding the trust...
As you may recall, we discussed the proposed changes to the tax code in the second quarter edition of A Step Ahead. The focus of that article was the significant change that was anticipated in the way that capital gains will be taxed. Under the current rules, capital gains are taxed when there is a...
David Bowie, a trend setting entertainer, died from cancer on January 10, 2016. By January 29 the media was already in possession of the details of Mr. Bowie’s estate plan. We learned that his estate was worth as much as $100 million, $2 million of which he left to his personal assistant and another $1...
