Trust Me. I’m a Lawyer.

Lawyers are among the most reviled service professionals in American culture. We’re so disliked that even lawyers don’t have a lot of friends who are lawyers. I mean, who doesn’t love a good lawyer joke? Q: What’s the difference between a good lawyer and a bad lawyer? A: A bad lawyer makes your case drag on for years. A good … 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: 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]

Watch Your Language: Penalty Period

A transfer occurs anytime you sell, trade, or give away money or property. Sometimes a transfer is for fair value, such as when you trade in your car or buy groceries. Sometimes, though, you make a transfer without expecting anything in return – like a birthday or Christmas gift. This is called a disallowed transfer, and it means you will not be eligible for Medicaid for a certain period of time called the penalty period. [Read More]

The Planning Effect

John-Doe-in-Hospital-with-Stressed-Wife

Sitting bedside with her husband after his stroke, Jane is talking with the discharge planner for the local hospital. After discussing the level of care John will need, Jane and the planner have decided that the nursing home connected with the hospital is the only viable option for John’s needs. Now Jane needs to visit the nursing home and figure out how she will pay for John’s care. [Read More]