The Elrod Firm

Ask The Pros

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

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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Estate Planning

How can I change my deed?

Justin, Five years ago, I used a life estate deed to sign my home over to my three children to keep it out of probate court. About a year ago, my son died. I think it’s time to redo my deed to remove my son’s name—what will be involved?

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Long-Term Care Planning

Is there a Veterans Benefit to help pay for Assisted Living?

Justin, my father is about to be released from the hospital and will be going to inpatient rehab later this week. Because of his dementia I feel like he will need assisted living when his rehab is over. He is a veteran, and I read that he may be entitled to some sort of financial benefit to help. Is this true?

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Asset Protection

What if I do nothing?

Justin, I’ve read several articles and even heard a couple of presentations on the importance of estate planning, but I really don’t have that much. I own my home and a car and by the end of each month have around $15,000 in the bank. I really don’t want to go to the trouble and expense of doing an estate plan. What happens if I do nothing?

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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.

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Asset Protection

What Can Medicaid Take?

Justin, My second husband has dementia and will need a nursing home soon. When my first husband died, I inherited around $135,000 from him, which I have always kept separate in my second marriage. I was recently told that Medicaid will take my inheritance from me when my husband goes into a nursing home. This is not his money! Can this be legal?

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Asset Protection

What’s the Difference Between a Revocable and an Irrevocable Trust?

Justin, I know that my wife and I need a trust to keep our things out of probate court, and I’ve been reading up on my options. I have seen that there are basically two types of trusts, revocable and irrevocable.

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Tax Considerations

How Should I Deed My House To My Children?

Justin, I’m thinking of deeding my home to my children to avoid inheritance taxes. Do you have any recommendations on how I should handle this?

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Asset Protection

Do you have to spend yourself broke to qualify for Medicaid?

Justin, My mother moved into a nursing home a few months ago and began privately paying the facility after their business office told her that she had no chance of qualifying for Medicaid until she spent her entire savings on care. After reading some of your articles I feel like we have been misinformed.

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Asset Protection

Do you have to be broke to qualify for Veterans Benefits?

Justin, My father is a Vietnam veteran and is incurring significant expenses paying for assisted living. We spoke to a VA office recently to ask if he qualifies for Aid and Attendance benefits. They said he has too much monthly income and too many assets to qualify.

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