Articles

The Difference Between Elder Law and Estate Planning

Elder law and estate planning serve two different -- but equally vital -- functions. The main difference is that elder law is focused on preserving your assets during your lifetime, while estate planning concentrates on what happens to your assets after you die. Elder law planning is concerned with ensuring that seniors live long, healthy,

Using a Roth IRA as an Estate Planning Tool

A Roth IRA does not have to be used as just a retirement plan; it can also be a way to transfer assets tax-free to the next generation. Unlike a traditional IRA, contributions to a Roth IRA are taxed, which means that the distributions are tax-free. Also, unlike a traditional IRA, you are also not

What Happens to a Medicaid Recipient If the Community Spouse Dies First?

If your spouse is in a nursing home or at heightened risk for needing such care in the future, special planning measures should be taken. Those measures include dealing with what happens if you, the healthy, so called “community spouse” pass away first. In that case, the spouse in the nursing home may become ineligible

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

How to Give Gifts to Your Grandchildren

When you gift your grandchildren assets it can do more than help your descendants get a good start in life -- it can also reduce the size of your estate and the tax that will be due upon your death. Perhaps the simplest approach to gifting is to give the grandchild an outright gift.

You Can Just Say No: Declining to Act as an Agent Under a Power of Attorney

Acting as an agent under a power of attorney is a big responsibility and it isn’t something everyone can take on. It is possible to resign or refuse the position. There are two main types of powers of attorney – financial and medical. As the agent under a power of attorney, you act in place

How Much Should a Trustee Be Compensated?

Serving as a trustee of a trust can be a huge responsibility, so trustees are entitled to compensation for their work. The amount of compensation depends on the type of trustee and the complexity of the trust. Depending on the trust, a trustee’s duties can include managing trust assets, making distributions to beneficiaries, paying taxes,

When a Social Security Recipient Dies, Survivors May Be Eligible for Benefits

When loved ones pass away, there are lots of considerations, including what happens to their Social Security. The decedent’s payments need to be stopped, but survivor’s benefits may be available to the spouse or, in certain cases, children. Social Security benefits stop at death. If a loved one who was receiving Social Security dies, you

Divorce and the Child With Special Needs: Be Aware of Child Support Payments

Depending on which statistics you believe, between 40 and 50 percent of first marriages will end in divorce or permanent separation, and second marriages fare even worse. While there is no such thing as a "typical" divorce, a divorcing couple that has a child with special needs faces an even more complicated series of