The Elrod Firm

Ask The Pros

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

Long-Term Care Planning

Do We Really Owe $22,500?

Justin, I need help. I placed my father in a nursing home about six months ago. The first month was covered by Medicare. After that, the staff at the nursing home said that my dad appeared to be qualified for Medicaid.

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Estate Planning

Why won’t the insurance company talk to me?

Justin, my mother recently passed away, and I called to ask for the claim form on her life insurance. The company refused to give me any information. She was a widow, and I’m her only child. Why won’t they talk to me?

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Asset Protection

Will or Trust: Which is Right for Me?

Justin, I’m ready to get my affairs in order, but I don’t even know what questions to ask. I assume I either need a will or a trust, but I don’t know which is better. How do I decide which is right for me?

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Estate Planning

Why Am I Not the Sole Owner Now?

Justin, my brother and I were co-owners of some land. He passed away, and I’m trying to sell the property, but the title company said I have to probate his part. After my dad died, my mom was able to sell their house without any problem. I don’t understand why I’m having trouble?

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Estate Planning

What Is a Springing Power of Attorney?

Justin, My dad recently named me as his power of attorney, and he emailed me a copy of the document. From what I can tell, it appears to be something called a “springing durable power of attorney.” Can you tell me what exactly this means?

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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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