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Raphan Law: Blog

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 Sarah Price of Vanguard Advice Services discuss the requirements for a trustee and how to go about choosing one. Video: https://personal.vanguard.com/us/insights/video/3437-Retail-Exc3 Transcript: Liz Tammaro: And, Alisa, what are the pros and cons of creating a trust? Alisa Shin: That’s a great question. People hear the word “trust,” and they

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5 Tips for Arranging and Paying for a Home Health Aide:

Raphan Law: Blog

Dec 19, 2014
3 min

5 Tips for Arranging and Paying for a Home Health Aide:

-By Emily Garnett, Associate Attorney at Brian A. Raphan, P.C. Finding oneself or a family member in need of home care can be a tough pill to swallow. It is often difficult to accept that you or a loved one is no longer able to safely do many of the activities of daily living that you once could. At that point, it may be time to bring in a home health aide for assistance with a wide variety of activities of daily living. 1. How to Arrange Help and Payment: Many people choose

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Legal DIY Web Sites Are No Match for a Pro, Consumer Reports Concludes

Raphan Law: Blog

Dec 12, 2014
2 min

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, Consumer Reports has concluded that none of the will-writing products is likely to entirely meet your needs unless those needs are extremely simple. The independent non-profit testing agency evaluated three online services: LegalZoom, Nolo, and Rocket Lawyer. Using online worksheets or downloads, researchers created a will, a car bill of sale

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WHY IRREVOCABLE TRUSTS VS OUTRIGHT GIFTING

Raphan Law: Blog

Dec 3, 2014
2 min

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 gift transaction costs are only part of what needs to be considered. Many important benefits that can result from gifting in trust are forfeited by outright gifting. These benefits are what give value to using irrevocable trusts in Medicaid planning. Key benefits of gifting in trust are: -Asset protection from future creditors of beneficiaries

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Three Reasons Why Joint Accounts May Be a Poor Estate Plan

Raphan Law: Blog

Oct 2, 2014
3 min

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 property passes automatically to the joint owner at death. Joint ownership can also be an easy way to plan for incapacity since the joint owner of accounts can pay bills and manage investments if the primary owner falls ill or suffers from dementia. These are all true benefits of joint ownership, but three potential drawbacks exist as well:

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Court Ruling: Transfers Made Years Before Needing Care Were Not Made in Order to Qualify for Medicai

Raphan Law: Blog

Jul 15, 2014
2 min

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 medicaid or not?” Saavy clients have a long history of gifting to show a pattern meant for gifting not medicaid spend down. This recent decision should be of interest. http://www.raphanlaw.com A New York appeals court holds that a Medicaid applicant who transferred funds several years before needing long-term care and kept enough resources to

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9 (Potential) Problems with Your Trust:

Raphan Law: Blog

Jan 21, 2014
3 min

9 (Potential) Problems with Your Trust:

All trusts should be reviewed every few years to make sure that they are up-to-date with the law and meet your goals today. Following is a checklist of trust features you can review yourself. But be aware that these only refer to revocable “living” trusts, not to irrevocable trusts. Do you have the right successor trustees? Typically you will be the trustee of your own revocable trust with your spouse as co-trustee (if you’re married). Trusts should name one or more successor

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States You Shouldn’t Be Caught Dead In:

Raphan Law: Blog

Oct 27, 2013
2 min

States You Shouldn’t Be Caught Dead In:

Robert Negele is a 90-year-old retired executive who has lived in Connecticut for almost 40 years. Despite decades of community involvement, including service on corporate and charity boards, he and two of his children who live nearby are seriously considering leaving the state. “It’s a prime possibility we discuss at Sunday night dinners,” Mr. Negele says. Nineteen states and the District of Columbia, home to just over one-third of the U.S. population, levy an estate tax on

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Raphan Law: Blog

Jul 8, 2013
2 min

Grandchildren Liable for Grandmother’s Nursing Home Stay After She Transferred Money to Them:

A New York trial court rules that a nursing home resident’s grandchildren are liable for fraudulent conveyance after the grandmother annuitized several annuities to them, rendering her insolvent and ineligible for Medicaid. Chapin Home for the Aging v. Heather (N.Y. Sup. Ct., No. 25327/2010, April 23, 2013). In 2000, Lillian Heather purchased four annuities for each of her grandchildren as part of her estate plan. The annuities named the grandchildren as annuitants and benefi

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