Many seniors wish to make gifts to children or other family members during their lifetimes, whether it’s in the form of cash, real estate, or tangible personal property. Besides getting to see beneficiaries enjoy their gifts, seniors can also use those gifts to reduce the size of their estate and lessen the tax burden after they pass away. But seniors must always keep in mind that there are tax consequences and considerations to those gifts, which could end up causing a lot of problems and costing a lot of money. Continue reading

A family home or vacation property is often the most valuable asset in estate. While the homeowner may want to leave their cherished property to children or other beneficiaries as an inheritance, taxes can quickly thwart well-meaning plans. Continue reading

Creating a revocable living trust is one of the best strategies for avoiding probate and leaving a lasting legacy for your family. However, the true protection afforded by a trust does not come after all the documents are signed – trusts need to be fully funded in order to make a real impact on your plans. Trust funding is one area that must be done by yourself, though experienced estate and elder law attorneys will offer advice on how to fund your trust. Continue reading

Many people dread the Ohio probate process, and rightfully so. It is a time when you must jump through legal hoops, tediously fill out paperwork, and pay undecipherable court fees – all while grieving the loss of someone close to you. It’s no wonder that many people try to do everything in their power to make sure their loved ones can avoid as much of the probate process as possible, however there are things you can do to make the probate process is a little bit more manageable. One of the most important things you can do is to simply educate yourself about the process. Continue reading

We all know that nursing home care in this country can bankrupt individuals. That’s why the federal government stepped in with programs like Medicare and Medicaid that are designed to help seniors get the care they need. However, there is one program meant specifically for veterans that is administered by the U.S. Department of Veterans Affairs or VA. Continue reading

Anyone who works as their own boss, either because they own a business or take on freelance work, knows that there are many benefits to such a situation. However, there is one big potential pitfall: taking total responsibility for your own retirement plan. Businesses usually provide employees with retirement benefits such as matching contributions for 401(k) plans or pension plans (though pensions are fairly rare these days outside of public sector jobs), but these are not available for self-employed individuals. This can make it difficult to plan for retirement when you’re self-employed, but there are options out there for a self-employed retirement plan. Continue reading

Since an ILIT is an irrevocable trust, it cannot be changed or revoked by the Grantor (the person who makes the trust), and the Grantor must give up all claims of ownership to the assets held in the trust. Once a life insurance policy is transferred to the ILIT, the Grantor is no longer the owner of the policy and technically has no control over the policy or any beneficiary designations. Continue reading

Family-owned and small businesses carry a sense of pride and familiarity, not just for their proprietors and employees, but for their patrons as well. But, the sad fact is that many of these types of businesses do not make it past the second or third generation of ownership due to a lack of specific planning as to what happens after the original owner retires or passes away. Continue reading

Medicaid coverage is one of the best federal benefit programs available for seniors in need of skilled care in the home or in a skilled nursing care center. However, Medicaid eligibility has strict income and asset requirements. While many seniors may meet those requirements at the time they need the care, Medicaid imposes a five-year lookback period that examines the senior’s financial situation during the previous five years. Continue reading

Congress recently passed a law that will expand benefits to individuals enrolled in Medicare Advantage plans who have chronic illnesses. The Creating High-Quality Results and Outcomes Necessary to Improve Chronic (CHRONIC) Care Act will cover certain supplies and services not previously covered such as telehealth services, at-home visits from personal assistants, safety measures for the home, home meal delivery, and transportation to and from medical visits. Continue reading

Senior citizens can be very vulnerable to financial problems, often because the ability to care for such complex concerns tends to decline with age. This may cause serious problems, such as having utilities shut off, late housing payments, or falling behind on other bills and necessities. Once headed down this... Continue reading

Alzheimer’s is a terrible disease that impacts every family member, from the senior who suffers from its effects to the adult child that must coordinate care. The disease often leaves family members and caregivers feeling like they have no options. While many families want to keep their loved one at home to provide a sense of comfort and continuity, there is almost always a point at which staying in the home is no longer an option. Continue reading

Roth IRAs provide excellent tax benefits to those who use them for retirement planning, but these types of IRAs can also help to avoid probate in Ohio. To start, here are some of the basics about Roth IRAs for tax-planning purposes: Continue reading

Clients will sometimes contact us to discuss their fears that a parent or other loved one is showing signs of dementia and may not be able to make important legal or financial decisions. There are ways the law can help protect this person’s assets in the event of dementia and other mental impairments. Continue reading

An individual’s property and assets can be attacked in many different ways, all of which can have a serious detrimental impact on their wealth. A primary purpose of asset protection planning is to guard you from losing your wealth, as seen in the following examples. Continue reading

The thought of paying for inpatient rehabilitation after a major surgery or debilitating illness is a concern for many seniors. Experienced elder law attorneys often advise clients who face rehabilitation that Medicare Part A will help pay for a portion, sometimes all, of the cost of a stay in an inpatient rehabilitation facility. But, are Medicare benefits available for all seniors? Here’s a quick look at what exactly goes into an inpatient rehab stay, who qualifies for Medicare coverage in such rehabs, and how much of the cost is covered by Medicare: Continue reading

Dementia is one of the most devastating conditions that affect senior citizens. The loss of memory and cognitive functions leads to emotional distress and increased care expenses, made even worse by the fact that there is no known cure for dementia diseases, including the two leading diseases that cause dementia, Alzheimer’s and Lewy body dementia. There are treatments that can slow the effects and help make life more manageable, but the diseases must be detected early in order for the treatments to have any kind of effect. Here are three warning signs to look out for in your elderly loved ones who may have dementia or Alzheimer’s: Continue reading

Medicaid is a federal, needs-based program administered by state agencies to provide aid to individuals, many of whom are senior citizens, who cannot afford to pay for their own medical care. Most of the time, this care takes place in a skilled nursing home. Many qualifications need to be met in order to determine eligibility to receive aid, including the following: Continue reading

Most people live in the state where they are considered permanent residents; however, there are some exceptions – especially snowbirds who leave the cold Ohio winters for the warmer climates of Florida and other Southern states. While these snowbirds have two residences, they only have one domicile, which is their permanent residence and the place they intend to return to. That domicile is the location where probate proceedings will take place, meaning it’s not necessarily where they spend most of their time. Continue reading

The Revised Fiduciary Access to Digital Assets Act, otherwise known as RUFADAA, is a law meant to help fiduciaries (executors, trustees, and agents working with a Power of Attorney) manage the digital assets of an incapacitated or deceased person. This act allows fiduciaries to access digital accounts and manage any issues that come up, while also providing a certain amount of privacy to the owner of the account and protection from legal liabilities for the businesses that provide the digital assets. Continue reading

Retirement years are all about making sure you have enough money to live a comfortable life while also having access to “rainy day funds” to take care of any unforeseen financial difficulties that may arise. That’s why it’s so important to take advantage of the tax deductions that are available for senior citizens, since these deductions can maximize the amount of money you have to use in your retirement. The following are the top four tax deductions for senior citizens: Continue reading

Claims for retirement benefits after death can be difficult for families if they don’t have the right information. Fortunately, there are steps you can take now to ensure that your retirement accounts pass smoothly to your loved ones when you are gone someday. Continue reading

Advance Healthcare Directives commonly known as a Living Will and Healthcare Power of Attorney, typically concerns all aspects of health care, including mental health care. However, if you’re concerned about your own or a loved one’s mental health for the future, it may make sense to list out special instructions regarding mental and psychiatric health care to help guide your chosen agent. Continue reading

Retirement opens up many opportunities for people, including the chance to start a new business. A retirement business can provide meaningful activity and the chance to maintain a lifestyle you’re suited to, while at the same time giving you some extra income to enjoy in your second half of life. But where should you begin? Continue reading

One unfortunate reality of retirement is that you’ll most likely be living on a fixed income, meaning you may have to make adjustments to your lifestyle. Otherwise, your retirement plan may not meet your needs, and you could be left in a desperate situation at a difficult point in your life. One way to avoid this situation is to make a retirement plan that allows you to live within your means. Continue reading