The Elrod Firm

Ask The Pros

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

Asset Protection

Do I Need A and B Trusts?

Justin, does my Revocable Living Trust really need to split into an A and B Trust, or a Marital Trust and Family Trust, at my death? This seems complicated for my family to deal with after I am gone.

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Estate Planning

Is the Home Protected from Medicaid?

Justin, I am an aging senior and I’m beginning to educate myself more on options for funding my future Long-Term Care and Medicaid. I have read that, when assessing financial eligibility, Medicaid will disregard the value of an applicant’s home.

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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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Asset Protection

What To Do With Income Too High For VA Benefits?

Justin, I am a wartime veteran living in assisted living. I heard you speak on the VA Aid and Attendance benefit several months ago, so I called the VA to ask if I qualified. They said I didn’t because my income of around $2,700 per month was too high. Any suggestions?

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Asset Protection

Why Do I Need Power of Attorney?

Justin, my spouse and I own everything jointly. Why would we need Financial Power of Attorney documents

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Estate Planning

How Should I Leave Money To My Siblings?

Justin, My husband and I are both in our seventies, and we’re finally ready to set up our estate plan, but we don’t have any children. We plan to leave everything to our brothers and sisters, who are all around the same age as us. Are there special concerns we need to think about in this situation?

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Estate Planning

Is my old plan still good?

Justin, my wife and I set up our estate plan when our kids were little to make sure they were taken care of in case something happened to us. Our kids now have kids, so it’s been a while since we did our plan. Do we need to re-do everything now?

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Medicaid Benefits

How does Medicaid treat Jointly-Owned Property?

Justin, I am caregiver for my elderly mother. Several years ago, she added me to the deed on her home, she also added me as a joint owner on her bank accounts, in order for me to be able to more readily assist her

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Guardianship

How do you make a power of attorney invalid?

Justin, last month my mom’s doctor wrote a letter saying she is incompetent, but my sister had her sign a power of attorney last week.

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Long-Term Care Planning

How Can We Afford This Nursing Home?

Justin, My mom is currently in rehab at a nursing home, and her insurance is covering all the charges. But her care team told us yesterday that she will need to transfer to the long-term care unit soon.

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