Estate Planning (Wills, Trusts, and Powers of Attorney)

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Dealing with Properties in Other States: How Preplanning Can Help You Avoid Multiple Probates

By Hurley Elder Care Law | December 13, 2017

If you own property in different states (say you live in New York but winter in Florida or live in Georgia but have family property in Ohio), your estate could be complicated for those that survive you one day. Real estate is governed by the laws of the state in which it is located, not…

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Do I need a will?

By Hurley Elder Care Law | November 22, 2017

We hear this question quite a bit. An individual will call us asking, “Do I really need a will? My situation is really simple, and I don’t really own that much.” A will is a device that lets a person control who you want to give your assets to. Die without one, and the state…

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Beneficiary Designations Will Overrule Your Will

By Hurley Elder Care Law | November 9, 2017

It is important to keep in mind that not all assets are affected by the terms of a will. Bank accounts, trusts, and retirement accounts that have designated beneficiaries transfer to the beneficiaries; these assets never go through probate if they have another way of being transferred. Likewise, certain properties can be transferred to co-owners…

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Do I need an Advance Directive or a POA?

By Hurley Elder Care Law | October 26, 2017

I have a healthcare power of attorney over my father, and I am the executor of his will. He lives in another state and is currently in a rehab facility. He has no cell phone and no way of communicating from his bed. Can I use that healthcare power of attorney to contact his bank…

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Top 4 Myths about POAs

By Hurley Elder Care Law | October 19, 2017

We highly recommend that individuals complete a Durable Power of Attorney for Financial Matters (or a POA for short). This important document is priceless in the unfortunate event of incapacity and is relatively painless to put in place. Despite its usefulness, many are still wary or ill-informed about the POA. Here are four of the…

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Warning: That POA May Not Be Accepted by the Bank!

By Hurley Elder Care Law | October 10, 2017

Many family members are blindsided by this situation. They think they have everything in order so that they can pay the bills and access the accounts on behalf of their incapacitated loved one. So, they are shocked when a bank employee refuses to accept their loved one’s POA. They are effectively blocked from accessing their…

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Who Decides – You or Someone Else?

By Hurley Elder Care Law | September 11, 2017

Taking responsibility for tough life decisions prevents others from having to step in and make them for you, but also allows you to discover options that can alleviate the fear. Aging is difficult, with one potential loss after another. Making your own decisions can provide some control over your aging process. Following are several decisions…

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Locating Critical Information

By Hurley Elder Care Law | July 24, 2017

A parent’s unexpected health event could precipitate an immediate need to get your hands on key information and secure valuables. Before something happens, it is a good time to talk to aging parents about what you may need to provide someday. Some parents are hesitant to discuss personal matters, even with their children. For insight…

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More about the QIT

By Hurley Elder Care Law | July 12, 2017

The eligibility rules for Medicaid can be confusing, and this is especially true if you think you need a Qualified Income Trust (or QIT). In today’s blog, we want to address how the QIT (the Qualified Income Trust, or Miller Trust) is used. A QIT is needed when a nursing home resident’s income exceeds the…

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Nursing Home Medicaid for Married Couples—Understanding the QIT

By Hurley Elder Care Law | April 12, 2017

We are continuing our series of newsletters and blogs on Nursing Home Medicaid for Married Couples. The eligibility rules for Medicaid can be confusing, and this is especially true if the person seeking Medicaid has a spouse. In today’s blog, we want to address how the QIT (the Qualified Income Trust, or Miller Trust) is…

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