Category archives: Elder Law
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9 years ago
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Life insurance can be beneficial in replacing lost income for young families, but as people get older, it can also serve a purpose as part of an estate plan.
Historically, one main reason to buy life insurance as part of an estate plan was to have cash available to pay estate taxes. Now that ... [read more]
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9 years ago
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A durable power of attorney is an extremely important estate planning tool, even more important than a will in many cases. This crucial document allows a person you appoint -- your "attorney-in-fact" or "agent" -- to act in place of you -- the "principal" -- for financial purposes when and if you e... [read more]
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9 years ago
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As people approach age 65, they should be thinking about their Medicare enrollment choices, including whether to sign up for traditional Medicare or with a Medicare Advantage plan, and if so, which one. But it turns out that some Medicare-age people are having these important decisions made for the... [read more]
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9 years ago
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Saying that there has been "undue influence" is often used as a reason to contest a will or estate plan, but what does it mean?
Undue influence occurs when someone exerts pressure on an individual, causing that individual to act contrary to his or her wishes and to the benefit of the influenc... [read more]
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9 years ago
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Passing down a Roth IRA can seem like a good idea, but it doesn't always make the most sense. Before converting a traditional IRA into a Roth IRA to benefit your heirs, you should consider the tax consequences.
Earnings in a traditional IRA generally are not taxed until they are distributed to y... [read more]
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9 years ago
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If for any reason, you become unhappy with the person you have appointed to make decisions for you under a durable power of attorney, you may revoke the power of attorney at any time. There are a few steps you should take to ensure the document is properly revoked.
While any new power of attorney... [read more]
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9 years ago
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Marriage should be a happy celebration of two lives coming together, but for people with special needs, marriage can sometimes cause additional stress beyond the usual pre-wedding jitters. That's because people who receive certain government benefits may be penalized for getting married and living w... [read more]
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9 years ago
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Two years after the passage of the Achieving a Better Life Experience (ABLE) Act, four states -- Florida, Nebraska, Ohio and Tennessee -– have ABLE plans up and running, and all but Florida allow out-of-state beneficiaries to open accounts.
States have been slow to create the appropriate regulati... [read more]
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9 years ago
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Over the past several years, crowdfunding and personal fundraising have become popular ways to raise money for people in need. Crowdfunding cuts out the charitable middleman, allowing a person or organization in need to appeal directly to the general public via the Internet in the hope of raising m... [read more]
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9 years ago
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While it is illegal for a nursing home to discriminate against a Medicaid recipient, it still happens. To prevent such discrimination, nursing home residents and their families need to know their rights.
The potential for discrimination arises because Medicaid pays nursing homes less than the... [read more]
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9 years ago
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Our office participated in the Clay County Senior Expo 2016 this week. Pictured are Associate Attorney, Alison E. Hickman, JD and Marketing Manager and Executive Assistant, Paula Brewer Emery.
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9 years ago
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Assisted living facilities are a housing option for people who can still live independently but who need some assistance. Costs can range from $2,000 to more than $6,000 a month, depending on location. Medicare won’t pay for this type of care, but Medicaid might. Almost all state Medicaid prog... [read more]
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