Posted by Nina Whitehurst | Jul 22, 2022 |
An executor is the person or institution responsible for managing the administration of a deceased person's estate. The executor (also called a personal representative) is either named in a will or appointed by the court, if there is no will.
Posted by Nina Whitehurst | Jul 20, 2022 |
While an inheritance is usually desired, there are some circumstances in which it might be unwelcome. If you don’t want an inheritance, you must disclaim it.
Posted by Nina Whitehurst | Jul 18, 2022 |
If you want to pass money to future generations without having it subject to gift and estate taxes, then a dynasty trust may be right for you. A dynasty trust allows trust assets to be used for the benefit of multiple generations while keeping the assets out of the grantor’s and the beneficiaries’ taxable estates.
Posted by Nina Whitehurst | Jul 15, 2022 |
Unfortunately, not all families get along. If you are having problems with one of your children, you may not want them to benefit from your estate. There are several strategies for dealing with an estranged child in your estate plan.
Posted by Nina Whitehurst | Jul 13, 2022 |
We've all been warned about protecting ourselves from identity theft, but one group of victims can't take action to defend themselves—the dead. Identity thieves steal the identities of more than 2 million deceased Americans a year, according to fraud prevention firm ID Analytics. Fortunately, there are steps that you can take to discourage identity thieves from targeting a deceased loved one.
Posted by Nina Whitehurst | Jul 13, 2022 |
Although the vast majority of Americans have estates that fall under the estate and gift tax exemption, the exemption is set to be cut in half in 2026. Proper planning may be necessary to make sure you are taking full advantage of the current exemption and aren’t negatively affected when it decreases.
Posted by Nina Whitehurst | Jul 11, 2022 |
If you need a lot of cash on hand upon retirement, Social Security offers a lump-sum payment option that’s worth six months of benefits. However, it comes at a cost. It is important to understand the details before agreeing to the payment.
Posted by Nina Whitehurst | Jul 08, 2022 |
While Medicaid helps pay for nursing home care, being admitted to a nursing home as a Medicaid recipient is not always easy. There are several ways to navigate the process, depending on your situation.
Posted by Nina Whitehurst | Jul 06, 2022 |
Many parents or grandparents with sizable amounts of money to pass on to their heirs are apprehensive about the effect it many have on their children or grandchildren. In some instances, they fear that the recipients will misspend the funds on drugs, fancy cars or failing businesses. In other cases, the fear is simply that their children will lose their drive to achieve and overcome barriers that may present themselves if there's no financial necessity to do so.
Posted by Nina Whitehurst | Jul 05, 2022 |
If you are injured due to another person’s negligence and receive Medicaid benefits to pay for care, the state has a legal right to recover the funds it spends on your care from a personal injury settlement or award. Yet in a legal case involving a Floridian teen who was catastrophically injured more than a decade ago, the U.S. Supreme Court has ruled that state Medicaid programs may be repaid from settlement funds reserved for future medical expenses as well.
Posted by Nina Whitehurst | Jun 29, 2022 |
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.
Posted by Nina Whitehurst | Jun 22, 2022 |
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.
Posted by Nina Whitehurst | Jun 15, 2022 |
Gifting assets to your grandchildren 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.
Posted by Nina Whitehurst | Jun 10, 2022 |
In an alarming number of instances, private Medicare Advantage plans are denying coverage for medical services that would be covered under original Medicare, according to a federal investigation. These denials are likely preventing or delaying medically necessary care for tens of thousands of Medicare Advantage beneficiaries each year.
Posted by Nina Whitehurst | Jun 08, 2022 |
If a loved one is experiencing memory loss or suddenly making poor decisions, you may want the court to appoint a conservator, which requires a declaration of incompetence. Determining whether someone is incompetent to make their own decisions is a complicated process.
Posted by Nina Whitehurst | Jun 06, 2022 |
In recent months, phone lines at the SSA were experiencing major technical issues, preventing some individuals from being able to reach the SSA via telephone in a timely manner.
Posted by Nina Whitehurst | Jun 01, 2022 |
When one spouse is in a nursing home and applying for Medicaid, planning has to take into account the possibility that the spouse who is not in the nursing home (called the "community spouse") may pass away first. This is because the community spouse's death may make the spouse in the nursing home ineligible for Medicaid.
Posted by Nina Whitehurst | May 25, 2022 |
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.
Posted by Nina Whitehurst | May 18, 2022 |
If you are single, you may not think you need to plan your estate, but single people are in as much need of a plan as anyone else.
Posted by Nina Whitehurst | May 11, 2022 |
Assisted living facilities are a housing option for people who can still live independently but who need some assistance. Costs can range from $2,000 to more than $6,000 a month, depending on location. Medicare won’t pay for this type of care, but Medicaid might. Almost all state Medicaid programs will cover at least some assisted living costs for eligible residents.
Posted by Nina Whitehurst | May 04, 2022 |
Anyone who gifted assets within five years of applying for Medicaid may be subject to a penalty period, but that penalty can be reduced or eliminated if the assets are returned.
Posted by Nina Whitehurst | Apr 27, 2022 |
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.
Posted by Nina Whitehurst | Apr 20, 2022 |
Is your family of the “Leave It to Beaver” variety -- opposite-gender parents, the first marriage for each, one or more kids, all healthy and thriving? If so, your estate plan will probably be pretty straightforward. But if not, it's not as simple and you have a lot of company.
Posted by Nina Whitehurst | Apr 13, 2022 |
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 agent or guardian in place, state law chooses who can make those decisions.
Posted by Nina Whitehurst | Apr 06, 2022 |
When applying for Medicaid’s long-term care coverage, in addition to the strict income and asset limits, you must demonstrate that you need a level care typically provided in a nursing home.