Brian A. Raphan, Esq.
What’s the Difference Between Medicare and Medicaid in the Context of Long-Term Care?
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both of these programs provide health...
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Brian A. Raphan, Esq.
- Feb 21, 2018
- 2 min
Stepmothers and Estate Planning: Who inherits?
Via Quentin Fottrell Dear Moneyologist, My dad passed away five years ago. He did leave a will on how he wanted his estate to be...
Brian A. Raphan, Esq.
- Feb 14, 2018
- 3 min
Ooops! Did you choose the wrong executor?
You finally got around to making your Will. You deserve a sigh of relief. But did you choose the right executor? Or have you burdened an...
Brian A. Raphan, Esq.
- Sep 6, 2017
- 2 min
Be Aware of the Kiddie Tax Before Leaving an IRA to Children
Grandparents may be tempted to leave an IRA to a grandchild because children have a low tax rate, but the “kiddie tax” could make doing...
Brian A. Raphan, Esq.
- Aug 31, 2017
- 2 min
State Properly Valued Sale of Medicaid Applicant’s Life Estate…
An Ohio appeals court rules that the state correctly valued the sale of a Medicaid applicant’s life estate using the specific state...
Brian A. Raphan, Esq.
- May 19, 2017
- 2 min
Medicaid Benefits – House Transfer: Deed Does Not Conflict
Reservation of Power of Appointment in Deed Does Not Conflict With Conveyance of Property to Children A Massachusetts appeals court rules...
Brian A. Raphan, Esq.
- Mar 7, 2017
- 3 min
Steps to Prevent a Contested Will
Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn’t receive)...
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.
- 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 27, 2016
- 3 min
Did rockstar Prince die without a Will?
Who will get his millions? This article in USA Today states; Prince left no will, according to documents filed Tuesday by his sister,...
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.
- 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.
- Dec 5, 2015
- 4 min
Choosing a trustee and an executor
The requirements for a trustee and how to choose one How do you choose a trustee? What qualities should a trustee have? Alisa Shin and...
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 16, 2015
- 1 min
Medicaid Spousal Impoverishment Numbers Likely to Be Unchanged for 2016
With the just-announced September 2015 Consumer Price Index for All Urban Consumers (CPI-U) actually lower than the comparable figure in...
Important news for seniors and their families
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