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.

Who Makes Health Care Decisions If You Can’t?

Being able to make health care decisions for ourselves is so important to us, but what happens if you become incapacitated and are unable to voice your opinion?  If you don’t have a health care power of attorney or guardian in place, state law chooses who can make those decisions. In an emergency, medical providers

A Way to Lock in the Current Estate Tax Exemption to Benefit Your Spouse

With the fate of the estate tax exemption uncertain, you may want to use the current large exemption to transfer assets to a trust to benefit your spouse. A spousal lifetime access trust (SLAT) can help transfer assets outside of your estate. The current federal estate tax exemption is $11.7 million for individuals and $23.4

Medicare Premiums to Increase Dramatically in 2022

Medicare premiums are rising sharply next year, cutting into the large Social Security cost-of-living increase. The basic monthly premium will jump 15.5 percent, or $21.60, from $148.50 to $170.10 a month. The Centers for Medicare and Medicaid Services (CMS) announced the premium and other Medicare cost increases on November 12, 2021. The steep hike is

What It Means to Need ‘Nursing Home Level of Care’ for Medicaid Eligibility

When applying for Medicaid’s long-term care coverage, in addition to the strict income and asset limits, you must meet medical eligibility criteria. This required level of care is referred to as “nursing facility clinically eligible” (NFCE). Whether you are applying for nursing home coverage or through a Medicaid waiver program for coverage at home, you

In 2022, Social Security Beneficiaries Will See the Biggest Increase in 39 Years

The year was 1983: The U.S. invaded Granada. A gallon of gas cost 96 cents. Michael Jackson’s ‘Thriller’ video premiered. That year was also the last time that Social Security recipients saw a cost-of-living increase steeper than the one just announced for 2022. This year, Social Security benefits will rise 5.9 percent, the sharpest upsurge