It is easy to mistakenly assume that naming a guardian in estate planning documents is only critical for individuals with minor children. In reality, however, appointing a guardian is just as important for parents as it is...more
Heirs, Assets, and Arguments: Why Elder Law Attorneys Are Key in Probate Litigation - Probate is the legal process through which a deceased person’s assets are distributed to heirs or beneficiaries and debts are settled....more
Careful planning for a loved one with disabilities is one of the most important and compassionate acts you can take as a parent or caregiver. It’s not just about securing their financial future, it’s about preserving their...more
The Great Wealth Transfer: Preparing the Next Generation - The great wealth transfer is underway in America. Through 2045, Baby Boomers will pass down approximately $84 trillion to Gen Z, Millennials, and Gen X. But what...more
Have you heard the terms “special” needs trust and “supplemental” needs trust and wondered what the difference is? The simple answer is that there’s no difference. Whether supplemental or special, these trusts serve the...more
I was driving to work on August 24, listening to Lady Gaga on my Pandora radio station, when suddenly, I had a strong urge to call my younger daughter, Hannah. We talk regularly, so it isn’t unusual that I call her on my way...more
If you have a child or another loved one with special needs, it’s only natural to worry about their future. How can you make sure their financial needs are taken care of without jeopardizing their public assistance payments?...more
The COVID-19 situation has had many unwanted side effects. Among them are increased occurrence of depression, substance abuse, and mental illness. Additionally, our older population has been particularly impacted by the...more
Guardianship estate planning statutes allow the court-appointed guardians of the estates of disabled adults to establish estate plans for their wards on petition to the court. Thirty-two states now have statutory provisions...more
Not a week goes by that I am not asked to make a judgment call about a client's capacity to sign a will, power of attorney, or other legal document. In fact, every time I sit down with a client to sign any legal document, I...more
If you are in the process of setting up a special needs trust, you must appoint a trustee. This is one of the most important decisions you’ll make about the trust. The trustee must have the necessary expertise to manage the...more
If you have already established an appropriate special needs trust for your child, then congratulations! You've taken a wonderful step towards ensuring that your child can take maximum advantage of the government programs...more
Parents want their children to be taken care of after they die. But children with disabilities have increased financial and care needs, so ensuring their long-term welfare can be tricky. Proper planning by parents is...more
Where the month of May celebrates mothers and the Kentucky Derby, the month of May has also been designated as National Elder Law month. This designation was coined by the National Academy of Elder Law Attorneys (NAELA), a...more
It is speculated that Choupette Lagerfeld, the pampered Parisian pet of the iconic late German fashion designer, Karl Lagerfeld, may have a stake in Lagerfeld’s vast fortune....more
Means-tested public benefit programs such as Medicaid (which provides health insurance and payment for skilled care andother medical expenses), Supplemental Security Income (SSI), the Supplemental Nutritional Assistance...more
For some people with disabilities, homeownership may present a uniquely empowering opportunity. But for many others, purchasing a home through a special needs trust may be in the beneficiary’s best interests. Homeownership...more
What do chocolate cake, purple hair dye, Lorrie Morgan, and Alexa have in common? On first or even second glance, most of you would find nothing that these random things have in common, unless you know a gentleman named Doug....more
ABLE accounts, new tax-free saving accounts for people with disabilities, hold great promise for special needs planning. But among the many questions surrounding ABLE plans is who can open accounts? Only the person with a...more
Just before her 80th birthday, Ernest (“Big Daddy”) Bux’s octogenarian Auntie Delusional (Auntie Del) died without a will or any other estate plan in place to give guidance to her husband (Uncle Tom) and their two adult...more
When children with disabilities turn 18, your ability as a parent to make decisions for their care and future become limited. Specific long-term planning decisions can help your family better plan for the future....more
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...more
In 2016, we continued to experience a period of relative stability in our federal transfer tax system and have been able to plan without expecting imminent significant changes to the system. Under the American Taxpayer Relief...more