When your loved one is preparing to enter a nursing home, you may do some research on your own or even consult with a financial planner regarding spending down assets. In order to qualify for Medicaid, many older couples in this situation start figuring out the most appropriate way to spend down assets. If you […]

During the State of the Union address, Obama suggested a proposal to end the “step-up” provision for capital gains taxes. Although this would require the approval of Congress, there are major ramifications for estate planning if this were ever implemented. This kind of proposal would eradicate a big tax benefit linked to inheritances.  While the […]

Susan Schneider, the widow of Robin Williams, is taking the children from Williams’ prior marriage to court, arguing that they have been removing property from the home she shared with him. According to Schneider, memorabilia, jewelry, and other items have been taken from the home. She wants the court to exclude these items even if […]

This month Morton Elder Law is focusing on the most frequently asked questions related to Special Needs Planning. Last week we covered the different forms of Special Needs Trusts available. This week, the focus is on Social Security Disability Benefits, and how a special needs trust can benefit your child with special needs. Image Credit  […]

Last week, in the blog, we covered the reasons gifting a special needs child’s inheritance to their siblings is harmful. This week we approach another frequently asked question regarding Special Needs Planning: the laws surrounding Medicaid. Question: If I create a Special Needs Trust, does the money have to go to reimburse Medicaid when my […]

This month Morton Elder Law is focusing on the most frequently asked questions related to Special Needs Planning and Inheritance. Check in every week for updates that will benefit you and your loved ones. Question: I have a child receiving public benefits through disability, should I give their inheritance to a sibling? The short answer […]

  An executor is an officer of the court, if you will. They have a fiduciary relationship will all parties having an interest in an estate. This means that they have a duty of utmost care to all interested parties to an estate, including: creditors, heirs, and any individual who will receive property from the […]

This is a frequent question we get asked. The answer is always, yes. Here’s why – In Mississippi, Uniform Chancery Court Rule 6.01 requires every executor or administrator of an estate to be represented by counsel. The reason for this is because managing an estate can be a very complicated process and you can potentially […]

What is probate, exactly? Probate is the formal process that handles the distribution of the assets of the deceased. The probate process involves: Determining the validity of a will Ensuring taxes and debts are paid Documenting the property of the decedent Distributing assets under will and state laws The probate process varies from state. Some […]

2015 is quickly approaching and making a New Years Resolution to get your affairs in order couldn’t come at a better time. It’s important that your family has the proper authority to take care of your affairs, should anything happen to you by way of illness or otherwise. Where to Start It may seem like […]