The Elrod Firm

Ask The Pros

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

Asset Protection

What’s the Difference?

Justin, I just had a revocable trust drawn up, and I think I understand what it does and why I did it, but after reading the information on your website, I’m curious about the difference between a revocable trust, like I have, and an irrevocable trust. Should I have done an irrevocable trust?

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Long-Term Care Planning

Why Won’t Medicare Pay Our Long-Term Care Costs?

Justin, my husband has been receiving rehabilitation in a nursing home for the past two months, but I just received word that Medicare isn’t going to pay for his care any longer. I was told we’d owe over $5,000 per month starting next week. What have we done wrong? Why won’t Medicare cover his expenses?

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Long-Term Care Planning

I Created a Trust. Am I Protected Now?

Justin, I recently created a trust. Can I relax? Am I protected now?

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Estate Planning

Do I Need to Contact the VA?

Justin, my dad applied for and is now receiving the Aid and Attendance benefit through the VA. When he applied, he was living at home and paying caregivers to assist him. However, he recently moved to assisted living and we’re planning to sell his house. Do we need to get in touch with the VA about any of this?

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Asset Protection

Can I just add co-owners or death beneficiaries to avoid probate court?

Justin, I’ve heard about trusts and avoiding probate, but why can’t I just add my children as co-owners or death beneficiaries on my assets? Wouldn’t that avoid probate too?

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Asset Protection

It’s Too Late to Plan. Now What? (Part 2)

Justin, I have talked to my mother for years about signing a will and power of attorney documents, but she was never interested in thinking about those types of things. Just last week, she received a diagnosis of dementia from her doctor. I assume it’s too late to plan her estate now—what do we do?

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Asset Protection

It’s Too Late to Plan. Now What?

Justin, I have talked to my mother for years about signing a will and power of attorney documents, but she was never interested in thinking about those types of things. Just last week, she received a diagnosis of dementia from her doctor. I assume it’s too late to plan her estate now—what do we do?

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Guardianship

What Can I Do as Power of Attorney?

Justin, My father named me as his power of attorney several years ago. He has always managed his own business, but recently he hasn’t taken care of things like he used to—he stopped paying his bills and seems to be ignoring his doctor’s advice. What can I do as his POA?

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Asset Protection

How do we plan in a second marriage?

Justin, My wife and I both have children from a prior marriage. When one of us dies, we want to make sure that the survivor is taken care of, but we also have property we consider separate. We want to make sure each of our separate property winds up with our own children when we’re both gone. Is there a way to do that?

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Long-Term Care Planning

Is there a difference between Medicare and Medicaid?

Justin, My mother’s physician is recommending that she go to a nursing home because of her declining mental health. My friend went through a similar experience last year with her father. He broke his hip and had to move into a nursing home. Medicare benefits paid for her father’s nursing home stay and it did not cost him a thing. Do we need to look into Medicaid planning or will Medicare cover her expenses?

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