Articles

Who Gets Copies of the Will After a Person Dies?

Many movies and television shows have a scene where a family gathers around a big table after a relative has died to listen to the reading of the will, copies in hand. While this makes for a dramatic scene, one that may have been more common when literacy rates were lower, it doesn't usually happen

Children Are Liable for Unpaid Nursing Home Bills of Parents Even If They Never Got Any of the Money

Written by: Stanley M. Vasiliadis Esquire, CELA 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.  Six months later, with her funds exhausted, Mary sought Medicaid to pay for

How Does Medicaid Treat Income?

The basic Medicaid rule for nursing home residents is that they must pay all of their income, minus certain deductions, to the nursing home. The deductions include a $60-a-month personal needs allowance (this amount may be somewhat higher or lower in your state), a deduction for any uncovered medical costs (including medical insurance premiums), and,

How Secure Is Social Security?

For years people have been worried about Social Security’s future, but what is the actual outlook? According to the federal government, unless Congress acts to intervene, Social Security shortfalls are expected beginning in 2035. Social Security retirement benefits are financed primarily through dedicated payroll taxes paid by workers and their employers, with employees and employers

Estate Planning For Parents Of Special Needs Children

By Stanley Vasiliadis, Esq., Certified Elder Law Attorney Parents of a developmentally-disabled or otherwise incapacitated child bear a life-long burden of care.  In fact, after their child turns 18, it gets harder.  As an adult, the child is not permitted to continue participating in many programs that were available during school-age years. And adults with

If Your Estate Plan Includes IRAs, a New Law Means It Is Time to Reevaluate

Both workers and retirees may need to rethink some of their estate planning and IRA in light of the newest spending bill. The Setting Every Community Up for Retirement Enhancement (SECURE) Act, part of the massive bill, makes major changes to retirement plan rules, including inherited plans. Passed in December 2019, the SECURE Act changes

Accounting for Gifts and Loans to Children in Your Estate Plan

No parents want their children to fight among themselves after they are gone. Sadly, conflicts often arise, especially when a parent has given a gift or loaned money to one child and not others. However, a few key words in your estate plan can minimize the potential for conflict. If you give money to one

Bank Pays Price for Refusing to Honor Request Made Under a Power of Attorney

A durable power of attorney (POA) allows the person creating the POA, called the "principal," to name a trusted agent who can act on his behalf in almost any situation. But because of the risk of abuse, many banks will scrutinize a POA carefully before allowing the agent to act on the principal's behalf, and

New Law Makes Big Changes to Retirement Plans

President Trump has signed a spending bill that makes major changes to retirement plans. The new law is designed to provide more incentives to save for retirement, but it may require workers to rethink some of their planning. The Setting Every Community Up for Retirement Enhancement (SECURE) Act changes the law surrounding retirement plans in several ways:

Understanding the Differences Between a Living Trust and an Irrevocable Trust

You may be thinking about setting up a trust to protect your assets, save on estate taxes, or perhaps set aside money for a special needs family member. Before you commit to a plan, make sure you understand the differences between the two basic types of trusts: the revocable (also called “living”) trust and the