The Elrod Firm

Ask The Pros

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

Asset Protection

Why Was My Mother Denied Medicaid For Owning A Home?

Justin, after waiting four months for a decision my mother was recently denied Medicaid for being over-resourced. The nursing home said before they could apply for Medicaid she had to spend all her savings to below $2,000, but she would be able to keep her house.

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Probate

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

How Do You Leave Assets To A Child Receiving Disability?

Justin, I have a son who has down syndrome. I want to make sure he is taken care of when I die, but I don’t want him to lose his disability payment. Should I disinherit him and leave everything to the person I want to take care of him?

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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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Probate

What’s Wrong With My IRA Plan?

Justin, My financial advisor recently raised a concern about the beneficiary designations on my IRAs. He said naming my living trust as a death beneficiary on my IRAs was a bad idea, but I’m not clear on why. Can you shed some light on my situation?

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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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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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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

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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Medicaid Benefits

How Can My Mother Qualify For Medicaid With High Income?

Justin, my sisters and I have been looking into nursing home care for our mother. Her dementia and mobility issues have progressed to a point where she needs more assistance than we can provide. She does not have the resources to pay for the facility for long, but she makes almost $2,400 per month. We heard that because she makes so much she will not qualify for Medicaid. Please tell us there is something we can do!

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