FAQ: What Happens if I Die without a Will?

You’ve heard the statistic: 55% of Americans don’t have a will. And there are lots of reasons why – check out our Path of Most Resistance blog series. If you’re one of those no-will Americans, it might interest you to know: “What happens if I die without a will?” Leaving it Up to Your Congressmen If you choose not to … Read More

In the News: Iowa’s Highest Court Rules Against Medicaid Applicant

Trusts can be a highly effective tool in nursing home planning. Certain types of trusts are effective even when a nursing home stay is imminent or even ongoing. But the list of viable trust options got smaller when the Iowa Supreme Court decided the Cox v. Iowa Department of Human Services case and ruled out pooled trusts in November 2018. … Read More

Watch Your Language: Intestate

If you choose not to decide, you still have made a choice (“Freewill” by Rush). Estate planning is based on a single choice: will you plan or will you not plan? If you choose to plan, you get to design all the details surrounding management of your property after your death. If you choose not to plan, then you are … Read More

Watch Your Language: Trustee

A trustee has legal title to assets subject to certain conditions and requirements that are spelled out in the trust document. [Read More]

Watch Your Language: Grantor

The grantor is the person who creates a trust. No matter what type of trust you have, the grantor is always in charge because they set the trust’s terms. [Read More]

Watch Your Language: Trust

One of the most common questions I hear during our Mutual Interviews is, “Do I need a trust?” And the typical lawyer answer is, “It depends.” In order to answer that question, we need to start by defining what a trust actually is. [Read More]

Watch Your Language: Snapshot Date

When you first submit a Medicaid application for nursing facility care (and Elderly Waiver, in Iowa), DHS takes a “snapshot” of your financial status as of the date you first moved into the nursing home. This is called the “snapshot date.” [Read More]

Watch Your Language: Asset

In the Medicaid world, the term “asset” is used when discussing Medicaid’s transfer penalty rules. As a result, “asset” includes both income and resources. [Read More]