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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.
Sep 30, 20153 min read
Legal DIY Web Sites Are No Match for a Pro, Consumer Reports Concludes
After road testing three leading Web sites that help you create your own will, power of attorney, and other important legal documents,...
Brian A. Raphan, Esq.
Dec 12, 20142 min read
WHY IRREVOCABLE TRUSTS VS OUTRIGHT GIFTING
So, why complicate things with a trust? Why not just keep the planning as simple and inexpensive as possible? The short answer is that...
Brian A. Raphan, Esq.
Dec 3, 20142 min read
What Happens to a Medicaid Recipient If the Spouse at Home Dies First?
In order to qualify for Medicaid, a nursing home resident can have only a limited number of assets.
Brian A. Raphan, Esq.
Dec 2, 20142 min read
You may be signing away your right to sue the nursing home
By Michelle Andrews, Kaiser Health News When Paul Ormond signed John Mitchell into a nursing home in Dennis, Mass., in June, he was...
Brian A. Raphan, Esq.
Nov 21, 20144 min read
Nursing Home’s Claim Has Priority over State’s Medicaid Claim
A New York appeals court rules that a nursing home that had a claim against the guardianship account of a resident is entitled to...
Brian A. Raphan, Esq.
Nov 6, 20141 min read
New Federal Regulations May Increase Pay for Home Care Workers, But Could Harm Seniors and People wi
A federal regulation scheduled to go into effect on January 1, 2015, could force employers to pay previously exempt caregivers the...
Brian A. Raphan, Esq.
Nov 6, 20142 min read
Three Reasons Why Joint Accounts May Be a Poor Estate Plan
Many people, especially seniors, see joint ownership of investment and bank accounts as a cheap and easy way to avoid probate since joint...
Brian A. Raphan, Esq.
Oct 2, 20143 min read
How Gifts Can Affect Medicaid Eligibility
We’ve all heard that it’s better to give than to receive, but if you think you might someday want to apply for Medicaid long-term care...
Brian A. Raphan, Esq.
Oct 2, 20142 min read
Can you sue for Bedsores or Pressure Sores?
2/22/2018 Law Firm added Free Booklet Bedsores should not happen while in a nursing home or hospital. Often they are due to neglect and...
Brian A. Raphan, Esq.
Sep 17, 20144 min read
Tips: How to Track Down a Life Insurance Policy
Use these strategies if a loved one dies and you’re not sure whether he or she had a policy–from a Q&A of Kim Lankford of Kiplinger.com...
Brian A. Raphan, Esq.
Sep 11, 20143 min read
State Can Recover From Entire Value of Property in Which Medicaid Recipient Had Life Estate
The Idaho Supreme Court rules that the state may recover Medicaid benefits from the entire value of a property that a Medicaid recipient...
Brian A. Raphan, Esq.
Sep 3, 20142 min read
Why Irrevocable Trusts vs outright Gifting
People often wonder about the value of using irrevocable trusts in Medicaid planning. Certainly gifting of assets can be done outright,...
Brian A. Raphan, Esq.
Aug 30, 20142 min read
Heir tight: The dos and don’ts of creating rock-solid trusts
Good article via Jennifer Woods at Imagine working for decades so that one day you could pass your assets on to your children or...
Brian A. Raphan, Esq.
Aug 5, 20142 min read
Some FAQ’s about Health Care Proxys
As an Elder Law attorney for over 25 years I have recently been getting more and more questions about Health Care Proxys. Below are...
Brian A. Raphan, Esq.
Jul 16, 20143 min read
Court Ruling: Transfers Made Years Before Needing Care Were Not Made in Order to Qualify for Medicai
Doing Medicaid Planning for clients, I often get asked the question: “How does medicaid determine if my gifts were made to qualify for...
Brian A. Raphan, Esq.
Jul 15, 20142 min read
Heir Liable for Reimbursement of Mother’s Medicaid Expenses
Medi-Cal (Medicaid) recipient Merver Mays died, leaving her house as her only asset. Ms. Mays’ daughter, Betty Bedford, petitioned the...
Brian A. Raphan, Esq.
Jul 8, 20142 min read
Make Sure Your Life Insurance Is Not Taxed at Your Death
Make Sure Your Life Insurance Is Not Taxed at Your Death [via Elder Law Answers] Although your life insurance policy may pass to your...
Brian A. Raphan, Esq.
Jun 19, 20142 min read
Can you sue a hospital if you develop bedsores?
Click for online Bedsore Lawsuit Evaluation. Bedsores can develop quickly, progress rapidly and are often difficult to heal. Caring for...
Brian A. Raphan, Esq.
Jun 11, 20141 min read
Can You Appeal If Medicare Refuses to Cover Care You Received?
Absolutely. Sometimes Medicare will decide that a particular treatment or service is not covered and will deny a beneficiary’s claim....
Brian A. Raphan, Esq.
Jun 3, 20142 min read
Important news for seniors and their families
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