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Elder Law of David Wingate, LLC
David Wingate is an elder care attorney and Accredited VA Attorney.
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Related proposals pertaining to qualified plans and individual retirement accounts. In addition, the Green Book includes the following proposals that pertain to qualified plans and IRAs: A limit on the total accrual of retirement benefits by prohibiting additional contributions or the receipt of additional accruals if the taxpayer has accumulated... Continue reading
Sales, exchanges and “comparable transactions” with grantor trusts. The Obama Administration would attempt to address the disconnect between the income tax rules and the estate tax rules that apply to intentionally defective grantor trusts (IDGTs). However, in stark contrast to the previous year’s vastly overbroad Green Book proposal concerning grantor... Continue reading
The Social Security Administration is expanding a program nationally to help bar criminals from controlling benefits on behalf of individuals with disabilities and the elderly. The program originally launched as a pilot in the Philadelphia-area in June 2012 in the wake of the Tacony Dungeon case. That case made headlines... Continue reading
The estate, gift and generation-skipping transfer (GST) tax exclusions and rates would revert back to 2009 rules. The Obama Administration proposes to restore the 2009 estate, gift and GST transfer tax exclusions and rates beginning in 2018. Under this proposal, the estate and GST tax exemption amounts would be reduced... Continue reading
The consensus at 48th Annual Heckerling Institute on Estate Planning was that because 2014 is an election year, there’s unlikely to be any major tax reform this year. The year 2015, however, could be a different story. What looms on the horizon for 2015 and beyond? Although the tea leaves... Continue reading
Federal housing officials are putting $120 million on the table to help thousands of people with disabilities access rental assistance. The U.S. Department of Housing and Urban Development said Tuesday that state housing agencies can apply now through May 5 for a share of the funding that’s intended to help... Continue reading
AARP recently launched a new multi-state caregiving advocacy campaign, with nearly every AARP State Office involved. Working with governors, state legislators, other policymakers and community partners, we’re determined to advance policy options that will help family caregivers. Two significant components of the campaign are: The Caregiver Advise, Record, Enable (CARE)... Continue reading
David Wingate presented "Legal Concerns for the Person with Dementia" at Dementia Care Consortium for the Alzheimer's Association Greater Maryland, at Tranquility Assisted Living Facility, Frederick, Maryland. Do not forget the upcoming event: 15th Annual Forget-Me-Not Gala "Dancing Stars of Frederick" When: Saturday, May 3, 2014 Time: 7:00 p.m.-11:00 p.m.... Continue reading
Alzheimer disease is a heartbreaker. Not only is it awful for the patient, but it’s devastating for the caregiver. Someone who hasn't dealt with Alzheimer’s disease, can't imagine the stress of the constant pacing, up during nights, the fidgeting, the safety concerns, and of course the memory loss. Imagine the... Continue reading
The Centers for Medicare and Medicaid Services (CMS) has released a letter to states with guidance on how to apply Medicaid's estate recovery and transfer of asset provisions to individuals newly eligible for Medicaid under the Affordable Care Act (ACA). In general most of the long-term care rules that apply... Continue reading
The decision to move a family member into a nursing home is one of the toughest and most difficult decisions you can ever make. Over time, caring for an aging or disabled love one can deplete your energy, time and finances. The legal and financial ramifications can cost you plenty.... Continue reading
In order to qualify for Medicaid, in Maryland, you can't have more than $2,500 in assets. Many people forget about life insurance when calculating their assets, but depending on the type of life insurance and the value of the policy, it can count as an asset. Life insurance policies are... Continue reading
If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a "no-contest clause" in your estate planning documents. A no-contest clause provides that if an heir challenges the will or trust and loses, then he or she will get... Continue reading
Fear of aging and its associated problems are clearly obstacles to planning for long-term care. Unfortunately, fear often leads to denial, and denial prevents people from aptly assessing their long term care needs and taking the appropriate action to address those needs. Yet for every reason why people do not... Continue reading
Estate planning is primarily about how to pass your property on after your death to the recipients of your estate with a minimum of fuss, expense and taxes. But it's about a lot more as well. Over the years practicing estate and elder law planning, I have seen many families... Continue reading
At the turn of the 20th Century, the average life expectancy was about 47 years. Now in the 21st Century, life expectancy has doubled that. As a result, we face more challenges and decisions in our life than those who came before us. One of the major transitions people face... Continue reading
The knowledge that we will eventually die is one of the things that seems to distinguish humans from other living beings. At the same time, no one likes to dwell on the prospect of his or her own death. But if you postpone planning for your demise until it is... Continue reading
Thursday, February 27, 2014 Courtyard Gaithersburg Washingtonian Center 204 Boardwalk Place, Gaithersburg MD 20878 Times 2.30 pm and 6.30 pm This seminar will help you understand the basic details about Trusts, Estates and Long Term Care. Types of Trusts and when should a Trust be used The difference between a... Continue reading
Most long-term care services begin at home with the help of family or friends until the burden of caregiving becomes too much of an emotional and financial hardship. The next step is generally to hire a paid caregiver to help with ADLs and IADLs. Unfortunately, many people cannot afford to... Continue reading
As the term is used here, self-funding refers to paying for long-term care costs out of pocket with personal or family income, savings, pension benefits, stocks, bonds, and other investments. Contributions from children or other relatives may also come into play. Any financial product designed to grow and accumulate funds... Continue reading
While a frank and informed discussion about present and future medical and personal needs can secure the most suitable type of long-term care at the right time, many people find the topic discomforting. Others are in outright denial about the possibility of requiring long-term care. While the aging population, longer... Continue reading
Given the likelihood of needing long-term care and the tremendous cost that this care entails, it is important that individuals plan for it—and the sooner the better. Certainly, there are barriers. For example, people tend not to think about becoming older and needing care, or they don’t anticipate that they... Continue reading
People may suddenly need long-term care after a crisis occurs, but for many, the need develops gradually. Older individuals are the primary users of long-term services, because functional disability increases with age. In 2008, about 9 million Americans over the age of 65 required LTC services. By 2020, that number... Continue reading
Long-term care recipients can be of any age. Conditions that may lead to the need for long-term care include disability, mental decline or illness, AIDS, stroke, and simple frailty. The need for long-term care is primarily measured by assessing limitations in performing or managing tasks of daily living, including self-care... Continue reading
With the aging of the baby boom generation and the cost of health care on the rise, the issue of long-term care (LTC) is of major importance to both consumers and policymakers. While some individuals will be able to rely on friends and family in the event they need extended... Continue reading