The Elrod Firm

Ask The Pros

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

Long-Term Care Planning

How Does Medicaid Treat Income For Married Couples?

Justin, my husband has dementia and his doctors say he will have to move to a nursing home soon. We will try to apply for Medicaid because the facility I prefer costs around $6,000 per month, but I’ve heard that all of our household income must go toward the nursing home bill before Medicaid pays the rest. This is going to leave me broke! Is this right? 

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Estate Planning

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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Estate Planning

DNR vs. Advance Directives

Justin, What’s the difference between a DNR and an Advance Directive? Aren’t they the same thing? Do I need both to be fully prepared for the future?

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Asset Protection

Aren’t All Estate Plans the Same?

Justin, One of my neighbors recently had a trust prepared, and he told me he paid $1,000 for it. Another friend of mine had her trust done last month, and she said it cost her $3,000. What could justify the difference in fees? Aren’t all trusts pretty much the same?

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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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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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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

Do we need a new plan after a move to Arkansas?

Justin, my husband and I just moved to Arkansas from Maine. We had wills and power of attorney documents prepared several years ago while we were there. Do we need a new plan now that we live in Arkansas?

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Probate

How Can We Keep This Out of Probate?

Justin, my dad recently passed away, and my mom has been hit with a surprise that we don’t know how to handle. She recently received word from the tax assessor that her house is not, and never was, in her name. Apparently, when my dad purchased it decades ago, the title company put it in his name only.

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Probate

Is This Will Any Good?

Justin, my mother died last month. She had a will leaving everything to me, her only son. I’m also her executor. When I went to the bank to close out her accounts, they wouldn’t even talk to me, even though I had the will with me. Can you help?

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