How Do Inheritance Rights Affect Medicaid Eligibility?

Posted by Rob GoldmanJul 22, 20240 Comments

Death of Recipient of Medicaid Benefits. What happens when someone is in a nursing home receiving Medicaid long-term care benefits and his or her community spouse dies? Do the children or persons named in the Will inherit the house, savings and other assets? Will Dad's Medicaid be affected? Case ...

How Relationship Problems Affect Estate Planning

Posted by Rob GoldmanNov 10, 20180 Comments

The connection between estate planning and how people behave. The law is intended to regulate how people behave to maintain public order and well-being and prevent people from taking the law into their own hands. But people disrespect other people and their rights and property all the time. Some ...

What is Hospice & Palliative Care and Who is Eligible?

Posted by Rob GoldmanApr 20, 20180 Comments

Hospice vs Palliative Care Hospice care essentially means “comfort care” and is intended for patients with a terminal prognosis, typically diagnosed with a life expectancy of six months or less, regardless of age. The goal is to make such a patient, whose condition cannot be cured or improved,  a...

Inheritance as a Source of Family Conflict

Posted by Rob GoldmanDec 24, 20170 Comments

An inheritance is a gift of love, not an entitlement. For some, leaving an inheritance is passing on what one no longer needs to one's children after one's death. For others, the inheritance is the product of years of hard work, saving and sacrifice to create an opportunity for one's children and...

Maryland Inheritance Rights of Adopted and Step-Children

Posted by Rob GoldmanDec 24, 20170 Comments

What you want to know. Concise, Clear Explanations Adopted Children.  The general rule is that adopted children, from the time of adoption, lose all rights to inherit from their birth or biological parents. At the same time, adopted children acquire the right to inherit from their adoptive parent...

Liability for Inheritance Taxes in Maryland

Posted by Rob GoldmanJul 20, 20170 Comments

You do not have to pay the Maryland Inheritance Tax if your relationship to the decedent is: spouse, parent, step-parent, grandparent, child (biological, adopted or step), grandchild or any lineal descendant, i.e. any descendant in the direct line, stepparent or stepchild, brother or sister, or a...

10 Reasons For A Deed Change

Posted by Rob GoldmanJan 15, 20170 Comments

Considering a deed change? Consider a life estate deed. Thinking about adding or removing a spouse or child's name to your deed? Adding a name is often not as simple a matter as you may think. Did you know that the kind of deed you sign can determine whether the real property is protected or not ...

Elder Law Misconceptions

Posted by Rob GoldmanFeb 28, 20160 Comments

Do any of the following situations apply to you? When I reach age 65 I will automatically be eligible to receive Medicaid benefits. I don't need a Power-of-Attorney because I put my daughter's name on my accounts? I don't need a Will because I don't have much. I can gift up to $14,000 a ...

Should I sign a nursing home contract?

Posted by Rob GoldmanFeb 28, 20160 Comments

You should always review a proposed Nursing Home Contract with an Elder Law Lawyer before signing or providing significant financial information to the nursing home. While most people prefer not to enter or place a loved one in a nursing home, there are times when, despite one's best intentions, ...

Real Estate Planning: Before & During Probate

Posted by Rob GoldmanNov 06, 20150 Comments

Basic real estate succession planning  typically is planning to ensure that your children (or whomever you want), will inherit your home when you die.  For most folk, real estate means their personal residence and is their most valuable asset. For the purpose of this article, real estate includes...

What is the Spousal Elective Share?

Posted by Rob GoldmanNov 06, 20150 Comments

The purpose of the spousal elective share  law is to provide some protection to a spouse against being disinherited by granting the surviving spouse a right to elect to receive a percentage of the decedent's estate instead of what, if anything, is provided in the Will. See Estate & Trusts Article...

DO I REALLY NEED A PRE-NUPTIAL AGREEMENT?

Posted by Rob GoldmanNov 06, 20150 Comments

The key purpose of a pre-nuptial agreement is financial protection of assets owned by each spouse prior to the marriage, including income protection and liability for alimony, and can include assets acquired during the marriage. Should your new spouse become entitled to half of everything you own...

When Does a Medicaid Penalty Period Begin?

Posted by Rob GoldmanOct 29, 20150 Comments

Q: I understand Medicaid's five-year look back period and its transfer penalty. Most advice I see says that if money has been gifted, you should not apply for Medicaid until the five-year period has passed. What if the amount of money is only around $25,000? If the penalty period starts once you ...

What Rights Do Trust Beneficiaries Have?

Posted by Rob GoldmanOct 29, 20150 Comments

As a trust beneficiary, you may feel like you are at the mercy of the trustee, but depending on the type of trust, trust beneficiaries may have rights to ensure the trust is properly managed. A trust is a legal arrangement through which one person, called a “settlor” or “grantor,” gives assets to...

Is Using an Online Power of Attorney Form a Good Idea?

Posted by Rob GoldmanOct 29, 20150 Comments

Q: My mother wants me to be her agent under a power of attorney, and I went online and found a form I can print up and take to a notary. Is this legal? A: While it is legal to use an online power of attorney form, it usually isn't a good idea. A power of attorney is one of the most important est...

Is a Power of Attorney Valid in Another State?

Posted by Rob GoldmanOct 29, 20150 Comments

Q: I am the agent under a durable power of attorney (DPOA) executed in 2013. Is the document still valid if I move to another state? A: It's wise to execute a Durable Power of Attorney in the new state, for practical reasons more than legal ones. The idea is to have a document that banks and oth...

Do You Pay Capital Gains Taxes on Property You Inherit?

Posted by Rob GoldmanOct 29, 20150 Comments

Knowing the “cost basis” of your property is important for tax purposes, but proving cost basis can be difficult. Cost basis adjusts at death, so it is a good idea to appraise property when a joint owner dies. Cost basis is the monetary value of an item for tax purposes. When determining whether ...

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