Last Will and Testament vs. a Trust: What’s the Difference? By Jill Roamer, J.D., CIPP/US Elder Law Most lawyers are familiar with a Last Will and Testament, but for many, a trust remains a mystery. Let’s lift the veil and discuss how…
Special Needs Trusts 101: The Basics By Jill Roamer, J.D. and Marchesa Minium, J.D. Special Needs Planning Trusts are certainly not the most perspicuous of legal inventions, but they can be a critical part of elder law planning and special needs planning.…
The End of a Step-up in Basis? By Jill Roamer, J.D., CIPP/US estate planning The End of a Step-up in Basis? A step-up in basis, or more accurately, a basis adjustment, has been a cornerstone of many estate plans throughout the years.…
Does Voluntary Payment of Past-due Nursing Home Charges Violate Federal Law? By Jill Roamer, J.D., CIPP/US Medicaid Planning, Case Law Does Voluntary Payment of Past-due Nursing home Charges Violate Federal Law? Federal law prohibits a nursing home from requiring that past-due expenses be paid…
What is a Grantor Trust? By Brian F. Albee, JD Elder Law, estate planning Grantor Trusts can be a source of confusion for elder law attorneys and their clients alike. That’s because they are not a typical type The biggest difference to note…
Some States Cap Nursing Home Profits By Jill Roamer, J.D., CIPP/US Medicaid Planning November brings National Alzheimer's Disease Awareness Month and some possible good news in the care industry. Many who have been diagnosed end up in a nursing home, as they…
Showing Transfers Were for Purposes Other Than to Qualify for Medicaid Benefits By Jill Roamer, J.D., CIPP/US Medicaid Planning, Case Law When someone needs long-term care and applies for Medicaid benefits, there is a look-back period. The Medicaid agency will look back a…
What is Alzheimer’s Disease? Article from alz.org What is Alzheimer’s Disease? Alzheimer's is a type of dementia that affects memory, thinking and behavior. Symptoms eventually grow severe enough to interfere with daily tasks. Understanding Alzheimer's and dementia Plaques and tangles…
What Is Long-Term Care? Long-term care involves a variety of services designed to meet a person's health or personal care needs during a short or long period of time. These services help people live as independently and safely as possible…
Can a Beneficiary’s Share be Contingent on their Marital Status? By Jill Roamer, J.D., CIPP/US Case Law I do, or I don’t – can a Settlor dictate how a beneficiary’s share is distributed based on the beneficiary’s marital status? Or, is such…