By: Kristen M. Armstrong, Attorney I am frequently asked to present on probate avoidance techniques, in addition to meeting with seniors who have questions about how to best avoid probate. When I ask a room full of seniors who wants to avoid probate nearly everyone’s...

One area that causes a lot of confusion with regard to Medicaid is the look-back period. Medicaid, unlike Medicare, is a means-based program, which means that you are only eligible for it if you have very few assets. The government does not want you to transfer all...

Paying for day care is one of the biggest expenses faced by working adults with young children, a dependent parent, or a child with a disability, but there is a tax credit available to help working caregivers defray the costs of day care (called "adult day care" in...

Making sure your end-of-life wishes are followed no matter where you happen to be is important. If you move to a different state or split your time between one or more states, you should make sure your advance directive is valid in all the states you frequent. An...

More than 420,000 people with disabilities nationwide are being paid less than the federal minimum wage of $7.25 per hour, according to the Department of Labor (DOL). Some of these workers have been performing the same routine tasks for decades, earning less than $1...

At their 128th annual meeting, the Uniform Law Commission passed several acts. Of particular note is the Uniform Electronic Wills Act which permits testators to execute an electronic will and allows probate courts to give electronic wills legal effect.  Most documents...

One of the great benefits of gaining eligibility for Social Security Disability Insurance (SSDI) is that beneficiaries also become eligible for Medicare after two years, even though they are under age 65.  However, Medicare plans A and B cover only a portion of...

You can certainly challenge the new estate plan. The question is whether it is easier to do it now or after your mother’s death. To do it now, you would probably need to seek a conservatorship over your mother. This would likely be very expensive, but it would help...

Efforts by the federal government and some states to require certain Medicaid beneficiaries to work in order to maintain eligibility for benefits has run into a series of obstacles, both in the courts and in state legislatures. The push began in January 2018, when the...

There are some serious drawbacks to many options for giving gifts to grandchildren. Either there are no tax or estate planning advantages, or you have no control of the funds (or lose control after a certain point), or the money could affect a grandchild's eligibility...

The way the government calculates inflation affects eligibility for numerous programs -- ranging from Medicaid to Supplemental Security Income (SSI) to food stamps -- that are relied on by people with disabilities. Now, the government is considering changing what some...

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 trust, including making proper investments,...

It may become harder for Medicare beneficiaries to find home health care due to a new rule from the Centers for Medicare and Medicaid Services (CMS). Although the rule changes the way home health care providers are reimbursed, it could affect patient care as well....

What will happen to your estate if your primary beneficiary does not survive you? If your will does not name an alternate beneficiary, your estate will be divided according to state law. The way the state divides your estate may not agree with your wishes. Your money...