JHA Finds Growth in Group Life And DI Markets
Insurers are reporting modest increases in revenue from U.S. group life and U.S. individual disability policies already in force. Combined revenue from employer-paid and …
Cost of caring for aging parents is looming financial crisis for many adult children
63% of survey respondents don’t have a plan to pay for their aging parents’ care Many people find themselves responsible for paying for the …
Trust’s attorney not liable under RICO
A federal appeals court upholds the dismissal of a trust beneficiary’s lawsuit claiming that an attorney who worked for the trustee violated the Racketeer …
Census reports senior citizen population to double by 2050
A U.S. Census Bureau report yesterday said the number of citizens age 65 and older will more than double their current number from 38.7 …
Estate’s former attorney disqualified from representing client in action to remove executor
A court rules that attorneys for estates necessarily have an attorney-client relationship with the estate’s executor. This disqualifies an estate’s former attorney from later …
Agent with power to gift under POA cannot make unlimited gifts or change retirement beneficiaries
A recent appeals court rules that a durable power of attorney that allows the agent to “make gifts” does not accord the power to …
Pitfalls of Improperly Drafted Will
A number of years ago, I received a call from a potential client who had the following tale to tell. The woman’s husband had …
What are the Medicaid implications of a second marriage?
Seniors who get remarried are often concerned about what will happen to their assets if their new spouse enters the nursing home in the …
Can a spouse keep the marital home if the other spouse enters a long-term facility?
For more information about Medicaid and Medicare, click here: Many families are concerned that if a spouse enters a long-term care facility, then the …
New Jersey Court holds Executors and Trustees potentially liable for damages
Punitive Damages Okayed in Probate Case: The New Jersey Supreme Court on July 22, 2008 considered the circumstances in which it is appropriate to …
Fact Sheet — Understanding the Veterans Pension Benefit (Commonly Called Aid and Attendance)
Why is it important for government agencies, care providers or eldercare advisers to know about this Pension? The national care planning Council estimates that …
What are some common sense tips to use when you negotiate a prenuptial agreement?
The old saying goes “a little bit older, a little bit wiser.” If your next marriage isn’t your first one, then you have probably …
What are the estate planning considerations in a second marriage later in life?
For more information about probate and estate administration, estate tax planning or estate/trust litigation, click here: Many widows and widowers simply do not like …
Why is it important to have a prenuptial agreement for a second marriage?
Due to an increased life expectancy, a 50% or higher divorce rate in the United States, and an increasing amount of second marriages, prenuptial …
State May Not Recover From Surviving Spouse’s Estate If Medicaid Recipient Had No Legal Interest at Death
The Supreme Court of Minnesota rules that Medicaid may not recover from the estate of a Medicaid recipient’s surviving spouse if, at the time …
How to Reduce Long-Term Care Insurance Costs
While long-term care insurance can be a good way to pay for a nursing home stay or a home health care worker, it doesn’t …
Redo Your Estate Plan Before You Remarry
If you are getting remarried, you obviously want to celebrate, but it is also important to focus on less exciting matters like redoing your …
New Medicaid Law Means Adult Children Could Be on Hook for Parents’ Nursing Home Bills
The adult children of elderly parents in many states could be held liable for their parents’ nursing home bills as a result of the …
2008 Long-Term Care Insurance Price Index Announced
A 55-year-old individual considering long-term care insurance protection can expect to pay $709 a year if married or $1,095 if single, according to the …
Coming Soon: Five-Star Rating System for Nursing Homes
You can eat at a five-star restaurant or stay at a five-star hotel. By year’s end, you’ll also be able to select a five-star …
New Washington State Law Treats Domestic Partners As Married Couples for Purposes of Estate Recovery
On March 12, 2008, Washington State Governor Christine Gregoire signed into law House Bill 3104, extending 170 legal rights and responsibilities to couples in …
Federal Nursing Home Site Now Notes Troubled Facilities
The federal Centers for Medicare & Medicaid Services (CMS) has announced that its Web site comparing nursing homes will now identify facilities that are …
Married Couples for Purposes of Estate Recovery
On March 12, 2008, Washington State Governor Christine Gregoire signed into law House Bill 3104, extending 170 legal rights and responsibilities to couples in …
Taking a Second Look If You Elected Early Social Security Benefits
Did you elect to take Social Security benefits before your full retirement age? If you did and are now looking for extra income, there …
Ohio Appeals Court Determines That Resources in Trust Are Countable
An Ohio appeals court rules that assets held in an irrevocable trust are available to a Medicaid applicant because the trustee has the discretion …
Identifying and Dealing With Financial Abuse of the Elderly
It is not uncommon for the elderly to become victims of financial abuse. They may be losing — or already have lost — some …
Cost of Long-Term Care Continues to Rise, 2008 Survey Finds
Costs for nursing homes, assisted living facilities and some in-home care services have risen for the fifth consecutive year and might continue to rise …
Protecting Your House After You Move Into a Nursing Home
While you generally do not have to sell your home in order to qualify for Medicaid coverage of nursing home care, it is possible …
Genworth: LTC Costs Continue To Rise
The average annual price of a private U.S. nursing home room has increased to $76,460 this year, up 2% from the 2007 average. Researchers …
Long Term Care Insurance Under the DRA
The general goal of Medicaid under the Deficit Reduction Act of 2005 (DRA) is to restrict the access of middle-class taxpayers to state medical …