Articles

Be Aware of the Kiddie Tax Before Leaving an IRA to Children

Grandparents may be tempted to leave an IRA to a grandchild because children have a low tax rate, but the "kiddie tax" could make doing this less beneficial. An IRA can be a great gift for a grandchild. A young person who inherits an IRA has to take minimum distributions, but because the distributions are based on

Can the Beneficiary of a Special Needs Trust Change the Trustee?

The beneficiary of a special needs trust can never control or access trust funds – that is the job of the trustee. A common fear among beneficiaries or their families is that the trustee may not do what’s in the beneficiary’s best interests and that, if this happens, the beneficiary may not be able to

Using a Prepaid Funeral Contract to Spend Down Assets for Medicaid

No one wants to think about his or her death, but a little preparation in the form of a prepaid funeral contract can be useful. In addition to helping your family after your death, a prepaid funeral contract can be a good way to spend down assets in order to qualify for Medicaid. A prepaid

Don’t Let Health Care Providers Use the Improvement Standard to Deny Medicare Coverage

Have you or a loved one been denied Medicare-covered services because you’re "not improving"? Many health care providers are still not aware that Medicare is required to cover skilled nursing and home care even if a patient is not showing improvement. If you are denied coverage based on this outdated standard, you have the right

Better Together…Integrating Financial Products with Medicaid Planning

By Stanley M. Vasiliadis On July 21, I had the opportunity to present a program at the 20 th Annual Elder Law Institute in Harrisburg. This event is sponsored by the Pennsylvania Bar Institute and is an educational workshop for attorneys. The presentation illustrated how financial products such as life insurance, annuities, and long-term care

Ensuring Continuity in Delivering Care to a Trust Beneficiary

If you are the main person managing the care of the beneficiary of a special needs trust, have you planned yet for a time when you may no longer be able to perform this crucial role?  It is important to plan appropriately to ensure that the beneficiary will have an advocate and someone closely managing

As States Kill Estate Taxes, Will Push To Repeal Federal Estate Tax Become Irresistible?

By Paul Caron Wall Street Journal Tax Report, Why More States Are Killing Estate Taxes: Want proof taxes can actually go down? In the past three years, nine states have eliminated or lowered their estate taxes, mostly by raising exemptions. And more reductions are coming. Minnesota lawmakers recently raised the state’s estate-tax exemption to $2.1 million

In Trusts We Trust…to Protect Our Assets from Long-term Care

By Stanley M. Vasiliadis, Esquire, CELA Many retirement and estate plans fail to adequately address issues relating to the risk of chronic incapacity. A “secure retirement” isn’t really secure if planning is not in place to ensure adequate funding for performance of personal care needs and everyday tasks in the event of chronic incapacity. What

Should a Parent Serve as Trustee of a Special Needs Trust

It is common for a parent to want to be named as trustee of a special needs trust benefitting her child, especially when the parent is the one creating or funding the trust. There are many reasons why this makes sense. It positions the parent to have complete control over trust distributions. It is also