There are many transitions that occur in a person’s life. Some are harder than others. Transitions causing a sense of loss are difficult. Families have shared that a shift away from familiarity is most stressful and upsetting for a parent. This readily occurs if a parent must leave the familial home for some reason. This […]
Traditional Medicare provides healthcare insurance for individuals who are 65 and older and for younger individuals who have qualifying disabilities. Generally, Medicare coverage involves necessary medical services, some of which may involve skilled care. Covered services are broken out into distinct parts:  Part A – covers inpatient hospital care, skilled in-patient care, skilled in-home […]
Out With The Old  Everyday someone will tell me that they were advised that their loved one cannot apply for Long-Term Care Medicaid because they have too many assets or too much income. This is simply not true. Please take a moment and cleanse your mind of everything anyone except an Elder Law Attorney […]
Do your aging parents have a Durable Power of Attorney in place naming a trusted individual as agent? If so, is the document properly drawn up and executed according to Delaware law? Does it give the Agent sufficient powers to manage and conduct the financial affairs of the Principal? Â The answers to these questions […]
The Medicaid five-year look back rule is often confused with the length of the penalty period. Here’s how to understand these two different concepts and how they relate.  The five-year look back is a reporting period. It is triggered by filing a completed Medicaid application. On the application, the applicant is required to self-report […]
There are several legal issues that come up repeatedly in our Elder Law practice. They are confusing to our clients. The understanding that they may have is often inaccurate or plain wrong. Â In this series, I will talk about the legal concepts underlying these common misconceptions in an effort to provide a better understanding […]
Ownership consists of a set of rights regarding assets that are often bundled and held by one person. The bundle can be separated into strands of legal title and of equitable title to accomplish certain goals. Generally, the goals relate to asset protection, controlling access to assets, or avoiding the probate process for estate administration. […]
Ownership consists of a set of rights regarding assets that are often bundled and held by one person. The bundle can be separated into strands of legal title and of equitable title to accomplish certain goals. Generally, the goals relate to asset protection, controlling access to assets, or avoiding the probate process for estate administration. […]
There are several factors that distinguish a Revocable Trust from an Irrevocable Trust. The first is the overall purpose of the Trust. The primary purpose of the Revocable Trust is avoiding probate for the Grantor’s estate. The primary purpose of the Irrevocable Trust is to protect and control the Grantor’s assets during life and at […]
For years now, I have advised that all adults should have a Durable Power of Attorney in place. Let’s suppose that your husband has appointed you as his Power of Attorney. As near as you know, there should be no problem doing your job as Agent.  You walk into a bank to conduct financial […]
So, you’re going to sue your sister who is the Executor of your mother’s estate or is perhaps the Trustee of the Trust holding your mother’s assets. Here’s the reality of that decision, at least here in Delaware. A beneficiary is free to sue a fiduciary and allege most anything. Then the defendant is forced […]
Probate is the court process for wrapping up a person’s affairs when they die. The court is the Register of Wills. The process takes about one year to complete. Probate of the estate is required when the descendant owns real estate as an individual or has individually owned financial accounts without beneficiaries that total $30,000 […]