明星黑料

In my practice as an Elder Law attorney, clients often inquire about the benefits of gifting to reduce taxes or to qualify for Medicaid. As a senior with the unexpected need for long term care in the future, the consequences of gifting may have unexpected results.

What is probate? When a person dies and leaves a Will, and there are assets in the Decedent鈥檚 individual name that do not pass by operation of law, there is a legal process that takes place that is called probate.

Do I need a health care proxy? Could my husband make medical decisions for me if I couldn鈥檛 make them for myself?

Consider this scenario: An individual executes a will in 1995. The Will leaves all of his personal property (household furnishings and other personal effects), to his friend who is also the named Executor. The rest of his estate he leaves to his two sisters. When he died in 2012, his two sisters had predeceased him.

Someone told me to avoid probate, so I have added my two children as joint owners on my accounts or put them 鈥渋n trust for鈥� my children. Does this protect my assets from Medicaid too?

My father is about to enter a nursing facility. He may have to spenddown some of his money in order to qualify for Medicaid. I was told that he could pre-pay his own funeral and he may be able to pay for his children鈥檚 funeral as well. Is this true?

My sister recently passed away and I just found out that I was named executor of her Will. I am really busy with my job and family and really do not want to serve. Can I decline or resign from being executor?

While discussing an estate plan with a client, she stopped me and said 鈥淲hat is probate.鈥� Sometimes we forget to explain the simplest concepts. Probate is the process by which a Last Will and Testament is given effect.

I heard that there were changes to the STAR property tax relief program. Will I be affected? Does it matter that my house has been transferred into an Irrevocable Trust?

My dad signed a DNR when he was recently admitted to the hospital. Will this be effective when he is discharged back to his home?