The Elrod Firm

Ask The Pros

Relevant answers to the most common questions about estate planning and elder law.

Long-Term Care Planning

Is the Life Insurance Policy Safe?

Justin, I’m helping my dad file for Medicaid to help with his nursing home.  He has a life insurance policy meant to cover his funeral.  …

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Long-Term Care Planning

Do We Need a Miller Trust?

Justin, My mom isn’t far from needing to move to an assisted living facility or a nursing home.  We’ve been told she needs a Miller …

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Estate Planning

Can Dad Sign a Will in a Hospital?

Justin, My dad is in the hospital and not doing well.  We’ve been advised that we should make sure he has his affairs in order. …

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Medicaid Benefits

How Can My Mother Get Medicaid?

Justin, My mother has been in a nursing home for the past three months.  When she first went in, we had high hopes that she’d …

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Probate

How Can I Avoid Probate Court?

Justin, when you designate that an annuity or an IRA is to pay at death to a specific person rather than to a trust, is …

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Long-Term Care Planning

We Didn’t Plan for This. Now What?

Justin, My husband is currently in rehab. When that’s over, we’re almost sure he won’t be able to come home – long-term care in a …

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Long-Term Care Planning

How Can We Be Ready?

Justin, while visiting my parents for the holidays, I realized they have aged a lot over the past year.  I’m concerned about how they are …

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Long-Term Care Planning

Can We Keep The Home?

Justin, My mother will be moving into a nursing home next week. She owns a house and a car, and she has about $25,000 in the bank. The people I’ve talked to say she just needs to spend her money down to $2,000, then she can go on Medicaid. Is that right?

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Asset Protection

Did We Use Our Trust Right?

Justin, My mother recently set up a trust, and she asked me to look over everything to see if I had any questions. Everything looks right to me—she even retitled her home and brokerage account into the name of the trust. She didn’t change her checking and savings accounts, but she said she planned to add me to those. Do you have any other suggestions?

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Asset Protection

Could My Kids Be Left Out?

Justin, My current wife and I are both in our second marriages. Each of us brought several children into this marriage. She has been pressuring me to schedule an appointment with an attorney because she read an article that scared her. She thinks that in a situation like ours, the children of one spouse could be completely left out of our estate depending on the order of death. Do we really have anything to worry about?

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