Brian A. Raphan, Esq.
No will or estate plan? Big problem for you and your heirs
Estate planning isn’t just for the wealthy. Financial advisors say that most Americans can benefit from it. Read on and see how you can...
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Brian A. Raphan, Esq.
- Aug 23, 2016
- 1 min
NY Court Rules that Community Spouse’s Refusal to Contribute to Care Creates Implied Contract to Rep
http://www.raphanlaw.com A New York trial court enters judgment against a woman who refused to contribute to her spouse’s nursing home...
Brian A. Raphan, Esq.
- Jul 25, 2016
- 4 min
Article: Should You Save Enough to Live to 100?
by Liz Weston / NerdWallet There’s a reason why investment companies want you to think you’ll live that long. Except that’s nuts. In the...
Brian A. Raphan, Esq.
- Jun 23, 2016
- 4 min
4 things to put on your to-do list for retirement prep
You may think you need a long and complicated list of tasks to accomplish your retirement goal. But a good place to start is with these...
Brian A. Raphan, Esq.
- Jun 21, 2016
- 4 min
The Money Letter That Every Parent Should Write
As an elder law attorney I come across many clients that are looking to pass their wealth to their children–but how about passing on some...
Brian A. Raphan, Esq.
- May 10, 2016
- 2 min
Testamentary Trust & MEDICAID…
Testamentary Trust Qualifies As SNT Despite Support Language The Supreme Court of Connecticut rules that the state Department of Social...
Brian A. Raphan, Esq.
- May 4, 2016
- 2 min
Payments to Caregiver Subject Medicaid Applicant to Penalty Period
Reversing a lower court, a Michigan appeals court rules that under state regulations a Medicaid applicant’s payments to a non-relative...
Brian A. Raphan, Esq.
- Apr 12, 2016
- 4 min
When Is A Guardian Required for an Adult?
Guardianships are set up to protect and help people in need, such as an elder or loved one unable to care for their own financial or...
Brian A. Raphan, Esq.
- Mar 23, 2016
- 2 min
Should My Parents Give Me Their Home?
Many people wonder if it is a good idea to give their home to their children. While it is possible to do this, giving away a house can...
Brian A. Raphan, Esq.
- Mar 11, 2016
- 3 min
8 Things Seniors Should Remember at Tax Time
April 15th is approaching and it is time to begin crossing T’s and dotting I’s in preparation for paying taxes. As tax time draws near,...
Brian A. Raphan, Esq.
- Feb 4, 2016
- 3 min
Protecting Your House from Medicaid Estate Recovery
After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient’s...
Brian A. Raphan, Esq.
- Feb 2, 2016
- 1 min
Medicaid Applicant’s Irrevocable Trust Is an Available Resource Because Trustee Can Make Distr
An Alabama appeals court rules that a Medicaid applicant’s special needs trust is an available resource because the trustee had...
Brian A. Raphan, Esq.
- Dec 26, 2015
- 1 min
It’s Official: Estate Exclusion to Rise to $5.45M in 2016
The IRS has announced that the basic estate tax exclusion amount for the estates of decedents dying during calendar year 2016 will be...
Brian A. Raphan, Esq.
- Nov 24, 2015
- 1 min
Son Must Pay for Mother’s Care Under Filial Responsibility
A Pennsylvania appeals court holds that a son is required to pay for his mother’s care under the state’s filial responsibility law even...
Brian A. Raphan, Esq.
- Nov 4, 2015
- 2 min
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal M
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal Malpractice A Massachusetts appeals...
Brian A. Raphan, Esq.
- Oct 22, 2015
- 1 min
Estate Exclusion to Rise to $5.45M in 2016
The IRS has announced that the basic estate tax exclusion amount for the estates of decedents dying during calendar year 2016 will be...
Brian A. Raphan, Esq.
- Oct 1, 2015
- 5 min
Q: When Do I Need a Guardianship?
A: The standard under which a person is deemed to require a guardian differs from state to state. And even within some states the...
Brian A. Raphan, Esq.
- Sep 30, 2015
- 3 min
When Should You Update Your Estate Plan?
Marriage Whether it is your first or a later marriage, you will need to update your estate plan after you get married. A spouse does not...
Brian A. Raphan, Esq.
- Jun 29, 2015
- 2 min
ELDER ABUSE: FINANCIAL EXPLOITATION FOR $797,000
Another case handled by Brian A. Raphan, P.C. was on the Cover Page of the New York Law Journal last week. I was appointed as Special...
Brian A. Raphan, Esq.
- Jun 6, 2015
- 1 min
Medicaid Recipient Cannot Bring Claim to Require State to Deduct Guardianship Fees
NEW YORK: The U.S. Court of Appeals for the Second Circuit holds that a Medicaid recipient who is under guardianship cannot bring a §...
Important news for seniors and their families
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