by Samantha Shepherd | Sep 19, 2020 | Elder Law
No, there is no requirement that anyone take on the role of guardian. However, with no one available to make decisions for your mother, the nursing home may decide it has to seek guardianship on its own, in which case the court would appoint an independent person with...
by Samantha Shepherd | Sep 18, 2020 | Elder Law
More and more transactions are done digitally, but estate planning has lagged behind technology. That may be changing, though. Even before the coronavirus pandemic made social distancing necessary, electronic wills were gaining legitimacy. An electronic will (or...
by Samantha Shepherd | Sep 14, 2020 | Elder Law
The coronavirus pandemic has forced nursing homes to place a number of restrictions on their residents. These constraints are having the unintended consequence of making it more difficult for nursing home residents to vote. Hundreds of thousands of nursing home and...
by Samantha Shepherd | Aug 28, 2020 | Elder Law
She actually may need to involve lawyers in both states. She will need an attorney in New Jersey to make sure the real estate transfer is appropriate and there are no tax issues or other traps for the unwary. She will also need an attorney in California to make sure...
by Samantha Shepherd | Aug 21, 2020 | Elder Law
You can freely transfer your interest in your parents’ house to your brother without it affecting your parents’ potential eligibility for Medicaid. The five-year look-back period only applies to transfers by your parents, not by you. Transferring your interest in the...
by Samantha Shepherd | Aug 20, 2020 | Elder Law
The VA offers two disability programs. Disability compensation is available only for veterans with service-connected disabilities, while the disability pension benefit is available to anyone who served during wartime and has a disability. The disability does not have...
by Samantha Shepherd | Aug 18, 2020 | Elder Law
While the internet makes our lives more convenient, it also adds new complications. For example, what happens to all our online data and assets if we become disabled or die? Whether or not we spend half our lives responding to devices, we all transact a lot of our...
by Samantha Shepherd | Aug 11, 2020 | Elder Law
The Uniform Gifts to Minors Act (UGMA) and the Uniform Transfers to Minors Act (UTMA) are sometimes called the “granddaddies” of college savings accounts. Both allow parents to establish custodial accounts for a minor child, and a grandparent can then make gifts to...
by Samantha Shepherd | Aug 7, 2020 | Elder Law
Social Security’s long-term financial situation: High unemployment rates mean Social Security shortfalls could begin earlier than projected. Social Security retirement benefits are financed primarily through dedicated payroll taxes paid by workers and their...
by Samantha Shepherd | Aug 3, 2020 | Elder Law
This is unfortunate and, unfortunately, not that unusual. Parents and others make different distributions in their wills from the beneficiary designations on their accounts, and the heirs have no idea what the deceased person had in mind. Did he or she change her mind...
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