The Elrod Firm

Ask The Pros

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

Estate Planning

What is Elder Law?

Justin, I read your column every week, and I feel like I’ve learned so much! Thank you! You keep saying that your law firm practices Elder Law. What exactly is Elder Law?

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Long-Term Care Planning

How can I protect my home?

Justin, I am homebound and in a wheelchair, but with my wife’s help, we’ve made things work at home for a long time now. A couple of weeks ago, she fell and broke her hip, and we can see that we’re going to need to look at other options. We only have one child, and I plan to deed my house into her name as quickly as I can to protect it from the nursing home. Are there any issues I should watch out for?

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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. Does this mean that the home is protected from Medicaid?

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Asset Protection

I am married and our assets are jointly owned. Do we need an estate plan?

Justin, my wife and I retired a few months ago. We are both in our sixties, in good health, and regularly travel to visit our children in Colorado and Florida. We have not set up a formal estate plan, and I feel we might not need to at this point in our lives.

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Asset Protection

Can I still Change My Trust?

Justin, my spouse and created a Revocable Living Trust. My spouse passed away. Can I make changes to the trust even though my spouse is no longer living?

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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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