What is Probate of Will? The formal legal procedure known as “probate” designates the executor or personal representative who will manage the estate and transfer assets to the specified recipients and recognizes a will. In order to ascertain whether a probate action is required, whether the fiduciary must be bonded (a requirement that is sometimes…
Special Needs Trust There are special needs trust options, but you must ensure that they do not restrict the recipient’s access to public benefits. For instance, you may designate assets for the person with special needs directly in your estate plan, but you would need to make sure to account for the possibility of losing…
Medicaid Book Review: For Stressed-Out Husband or Wife Ethan Huizenga. It’s Not Too Late: The Ultimate Guide to Nursing Home Medicaid for the Stressed-Out Husband or Wife. It’s Not Too Late Books, L.L.C., Orange City, IA. 2021. 81 pages. When a spouse gets sick and enters a skilled nursing facility, the other spouse is often…
Nursing Home and Debt Many senior citizens may need the services of a nursing home or at-home care at some point in their life. You might assume that government assistance or health insurance will step in and cover the cost if you cannot afford these services. Unfortunately, neither health insurance nor Medicare covers long-term care.…
Nursing Home Care Friends Family Estate Planning Attorney Joseph Hudack says that if your loved one is entering a nursing home, you may worry whether you could be liable for their care. Under federal law, a facility cannot require a family member or friend to co-sign an admission agreement and take on personal liability. However,…
Guardianship Ward’s Rights Estate Planning Attorney Joseph Hudack says that older people may need a trusted individual to step in and manage their affairs, should they ever suffer debilitating health problems like dementia, Alzheimer’s disease, and strokes. Guardianship can provide protection and assistance with certain decisions for an incapacitated individual — known as a “ward”…
Estate Planning Attorney – Children Social Security Estate Planning Attorney Joseph Hudack knows that a child may be eligible for Social Security benefits when at least one parent qualifies for Social Security retirement, disability, or death benefits. Children receive these benefits based on their parent’s work records. In 2021, the Social Security Administration (SSA) provided…
Estate Planning Attorney and Medicaid’s “Snapshot” Date When a married couple applies for Medicaid, the Medicaid agency must analyze the couple’s income and assets as of a particular date to determine eligibility. The date that the agency chooses for this analysis is called the “snapshot” date and it can have a major impact on a…
Professional Patient Advocate Estate Planning Attorney Joseph Hudack knows that individuals experiencing illnesses can benefit from having someone attend appointments with them and support their best interests. Often, close friends or family take on this role. Professional patient advocates, however, can step in when friends or family cannot be at the hospital or a patient…
Estate Planning Attorney – Older Adults with Dementia Every year, 16 million people in the United States care for family and friends with dementia, the Centers for Disease Control and Prevention reports. Caregivers of people with dementia provide care for longer durations than those who assist individuals with other conditions. They also have comparably higher…