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So far Elder Law Attorneys has created 423 blog entries.

When Is a Nursing Home Eviction Legal, and What Can I Do?

Nursing home evictions, or involuntary discharges or transfers, disrupt the lives of residents, leading to homelessness, separation from familial support systems, and loss of care. As federal law covers all federally funded nursing home residents, nursing home evictions are legal only in particular instances, such as: The nursing home can no longer provide for

Dynasty Trusts: A Tax-Efficient Way to Pass Wealth Down Through the Generations

If you want to pass money to future generations without having it subject to gift and estate taxes, then a dynasty trust may be right for you. A dynasty trust allows trust assets to be used for the benefit of multiple generations while keeping the assets out of the grantor’s and the beneficiaries’ taxable estates.

Executors: Were You Caught With Your Pants Down By A Stock Market Crash? Here’s What You Should Have Done

Getting socked with drastic stock market losses is bad enough.  But Executors face the added problem of having to answer to disgruntled beneficiaries.  The current market meltdown illustrates an important point many Executors fail to recognize. An Executor is the person named in a Last Will & Testament who is responsible for distributing a decedent’s

Some Social Security Beneficiaries Can Get Retroactive Payments — But at a Cost

If you need a lot of cash on hand upon retirement, Social Security offers a lump-sum payment option that’s worth six months of benefits. However, it comes at a cost. It is important to understand the details before agreeing to the payment. If you have waited beyond your full retirement age (66 for those born

Children Are Liable For Unpaid Nursing Home Bills Of Parents Even If They Never Got Any Of The Money

Sam, Mary’s son and agent under her power of attorney, didn’t bother to seek legal advice after Mary entered a nursing home.   “She only has $60,000.  There’s nothing we can do”, he told his sisters.  Five months later, with her funds exhausted, Mary sought Medicaid to pay for her care.  To Sam’s shock and dismay

Requiring Adult Children to Pay for Aging Parents’ Care

Did you know you could be responsible for your parents' unpaid bills? More than half of all States currently have laws making adult children financially responsible for their parents, including their long-term care costs. Among those States, Pennsylvania is perhaps the most notorious. In most States, these laws are rarely enforced. Not so in Pennsylvania.

Using an Intentionally Defective Grantor Trust to Transfer Assets

An intentionally defective grantor trust (IDGT) is a common estate planning tool that is used by wealthy families to transfer assets from one generation to the next while achieving significant tax savings. IDGTs are especially useful if you have assets that will appreciate significantly over time. An IDGT is “intentionally defective” because it purposely

The Tax Consequences of Selling a House After the Death of a Spouse

If your spouse dies, you may have to decide whether or when to sell your house. There are some tax considerations that go into that decision. The biggest concern when selling property is capital gains taxes.  A capital gain is the difference between the "basis" in property and its selling price. The basis is the

Why You May Need a Trust in Addition to a Power of Attorney

By Stanley M. Vasiliadis, Esq., CELA While a durable general power of attorney that appoints someone to act for you if you become incapacitated is a great tool, in some circumstances it is not enough. In these cases, a revocable trust can help. A durable general power of attorney allows you to appoint someone you

Should You Prepare a Medicaid Application Yourself?

Preparing a Medicaid application to qualify a loved-one for benefits to pay for nursing home care is a difficult and often long, drawn-out process. Detailed information regarding assets, income and expenses must be gathered and documented, including transfers for less than fair market value made by applicant or spouse within the 60-month “look-back” period immediately