Reversing a lower court, Massachusetts’ highest court ruled that two Medicaid applicants’ trusts were not available assets even though the applicants retained the right to use the houses that were put into the trusts. Daley v. Secretary of the Executive … Read more
Every adult is assumed to be capable of making his or her own decisions unless a court determines otherwise. If an adult becomes incapable of making responsible decisions due to a mental disability, the court will appoint a substitute decision … Read more
The decision to move a spouse into a nursing home is one many couples have to face. Taking the time to prepare in advance can help alleviate some of the stress and uncertainty that comes with this process. Here’s an … Read more
If you’ve owned a business, you know it’s a decision you’ll ultimately have to face: how can business succession planning help you make a graceful exit?
When I turn 70 at the end of 2017, I will officially retire. However, … Read more
Estate planning is all about the details. Here are some scenarios – wills, gifting, Medicaid, powers of attorney, etc. – that have come up recently in helping our clients work through their estate planning decisions.
Jointly Held Property vs. Will… Read more
What is probate?
Probate is the court supervised procedure for transferring ownership of an individual’s assets after death.
Why not go through probate?
First of all, it is slow (1 to 3 years). Second of all, it is costly – … Read more
On January 13, 2016, several Iowa State Bar Association (ISBA) leaders met with State Representatives to discuss upcoming bills for the new legislative year. One bill, SF 376/HSB 37, proposes to limit the property used to calculate court costs during … Read more
The IRS has announced for the year 2016 the estate and lifetime gift exemption will be $5.45 million. This is up slightly from 2015. For married couples the combined number is $10.9 million for portability planning. These numbers are indexed … Read more
Estate planning usually refers to planning for what happens upon your death. Another part of estate planning is planning for your incapacity.
My client Jennifer is the ex-wife of a physician. He is only 54 but recently had a seizure. … Read more
During this holiday season, nursing home residents may want to leave their care facilities to participate in family or religious activities. However, many are fearful that such absences will negatively impact their Medicare coverage. In a recent article, the Center … Read more