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Long Term Care Payments Counted as Income

No Comments Elder Law

A Florida appeals court finds that long-term care insurance payments that do not reimburse actual medical expenses must be counted as income when determining Medicaid eligibility. Rosenshein v. Florida Department of Children (Fla. Ct. App., 3rd Dist., No. 3D07-989, Oct. 24, 2007).

Taxation of Trusts Simplified

No Comments Estate Planning

 Trusts are Separate Taxpayers All trusts are separate taxpayers. Unless disregarded under the exception for grantor trusts discussed below, each trust has its own tax year and tax accounting method. Trusts also receive income and pay expenses. Net income is taxed either to the trust or to the beneficiaries, depending upon the trust terms, local […]

Power of Attorney … Or the Powers that Be?

No Comments Elder Law

It’s likely that you’ve heard of the Power of Attorney (POA). Most people have. We generally assume it’s a way for someone else to take control of our assets if we become incapacitated or, as we often see in the movies, we are ""declared incompetent."" This can be true, but there’s a lot more to […]

Non-Spouse Stretch IRA from Qualified Plans

No Comments Estate Planning

One of the retirement account reform provisions contained in the Pension Protection Act of 2006 permitted non-spouse beneficiaries to transfer their 401k funds into an inherited IRA and take advantage of "stretch" distributions over their lifetimes instead of being subject to 5 year payout rules.  Unfortunately, the IRS issued a Notice which provided that this […]

Planning for Disability

One Comment has News & Updates

Nobody likes to face the prospect that they may one day become unable to handle their own affairs, but with people living longer than ever before, many people are simply outliving the ability to care for themselves.  Without proper planning, that care will fall on the shoulders of family members, who may not be equipped […]

Understanding the Significance of Trusts

No Comments News & Updates

This article addresses a topic that is important to clients and all wealth planning professionals – trusts. When used properly, trusts can provide significant advantages to clients and to the advisors who recommend them. Given the numerous types of trusts, this newsletter explores the general advantages of trusts as well as some of the most […]

Senior Centers May Be Liable for Aiding Elder Financial Abuse

No Comments News & Updates

Senior centers sometimes host presentations by sales agents offering free seminars or lunches that purportedly provide attendees with valuable information relating to estate planning. But these presentations often turn out to be unscrupulous efforts to persuade the elderly to purchase financial products they don’t need. For example, the presenters may be operating an annuity mill […]

Medicaid Agency’s Residency Requirement Violates U.S. Constitution

No Comments News & Updates

A U.S. district court holds that requiring a Medicaid applicant to reside in-state for a period of time before her benefits are determined is a violation of her fundamental right to interstate travel as guaranteed under the U.S. Constitution. Duffy, et al., v. Meconi, et al. (Del., C.A., No. 05-127, Sept. 11, 2007).

VA Aid & Attendance Benefit a Well Kept Secret

No Comments Elder Law

Tens of Thousands of our Veterans have earned and qualify for a pension benefit of up to $1,800 per month that can be used to pay for assisted living or attendant in-home care, but information about the program appears to be a well kept secret.  Inquiries to local VA offices are often met with denial […]

Dead Hand Control

No Comments Estate Planning

Wills can be powerful instruments, as thewill of Leona Helmsley makes clear. The hotelier and real estate mogul became asymbol of 1980s greed and was given thenickname ”the Queen of Mean” afterrevelations of her tyrannical treatment ofemployees came to light during her 1988 trialon tax evasion charges. A housekeepertestified that she heard Helmsley say, ”Onlythe […]

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