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Pooled Income Trusts and Public Assistance Benefits

Posted by Andrew R. Byers | Apr 06, 2014 | 0 Comments

A Pooled Income Trust is a special kind of trust that is established by a non-profit organization. This trust allows individuals of any age (typically over 65) to become financially eligible for public assistance benefits (such as Medicaid home care and Supplemental Security Income), while preser...

Remarried? Protect Your Children With Proper Planning

Posted by Andrew R. Byers | Mar 24, 2014 | 0 Comments

If you are married for the first time and are working on your estate plan, the decisions about where the assets go are usually easy. Most parents in that situation want their entire estate to go to the surviving spouse, and upon the death of the surviving spouse, equally to their children. There ...

Considering Online Estate Planning? Think Twice

Posted by Andrew R. Byers | Mar 16, 2014 | 0 Comments

The recent proliferation of online estate planning document services has attracted many do-it-yourselfers who are lured in by what appears to be a low-cost solution. However, this focus on price over value could mean your wishes will not be carried out and, unfortunately, nobody will know there i...

Should I Transfer My Home to My Children?

Posted by Andrew R. Byers | Mar 09, 2014 | 0 Comments

Most people are aware that probate should be avoided if at all possible. It is an expensive, time-consuming process that exposes your family's private matters to public scrutiny via the judicial system. It sounds simple enough to just gift your property to your children while you are still alive,...

Overview of the Ways to Hold Title to Property

Posted by Andrew R. Byers | Mar 02, 2014 | 0 Comments

You are purchasing a home, and the escrow officer asks, “How do you want to hold title to the property?” In the context of your overall home purchase, this may seem like a small, inconsequential detail; however nothing could be further from the truth. A property can be owned by the same people, y...

Top 5 Overlooked Issues in Estate Planning

Posted by Andrew R. Byers | Feb 16, 2014 | 0 Comments

In planning your estate, you most likely have concerned yourself with “big picture” issues. Who inherits what? Do I need a living trust? However, there are numerous details that are often overlooked, and which can drastically impact the distribution of your estate to your intended beneficiaries. ...

Self-Settled vs. Third-Party Special Needs Trusts

Posted by Andrew R. Byers | Feb 09, 2014 | 0 Comments

Special needs trusts allow individuals with disabilities to qualify for need-based government assistance while maintaining access to additional assets which can be used to pay for expenses not covered by such government benefits. If the trust is set up correctly, the beneficiary will not risk los...

Do I Really Need Advance Directives for Health Care?

Posted by Andrew R. Byers | Feb 02, 2014 | 0 Comments

Many people are confused by advance directives. They are unsure what type of directives are out there, and whether they even need directives at all, especially if they are young. There are several types of advance directives. One is a living will, which communicates what type of life support and ...

Medicare vs. Medicaid: Similarities and Differences

Posted by Andrew R. Byers | Jan 20, 2014 | 0 Comments

With such similar sounding names, many Americans mistake Medicare and Medicaid programs for one another, or presume the programs are as similar as their names. While both are government-run programs, there are many important differences. Medicare provides senior citizens, the disabled and the bli...

Do Heirs Have to Pay Off Their Loved One’s Debts?

Posted by Andrew R. Byers | Jan 12, 2014 | 0 Comments

The recent economic recession, and staggering increases in health care costs have left millions of Americans facing incredible losses and mounting debt in their final years. Are you concerned that, rather than inheriting wealth from your parents, you will instead inherit bills? The good news is, ...

Veterans’ Non-Service Connected Pension Benefits

Posted by Andrew R. Byers | Jan 03, 2014 | 0 Comments

The Veterans' Administration's non-service connected pension program can help supplement the income of elderly or disabled veterans. The VA deems any veteran age 65 or older to be permanently and totally disabled. This “disabled” classification entitles senior citizens who are veterans, or their ...

Coordinating Property Ownership and Your Estate Plan

Posted by Andrew R. Byers | Dec 08, 2013 | 0 Comments

When planning your estate, you must consider how you hold title to your real and personal property. The title and your designated beneficiaries will control how your real estate, bank accounts, retirement accounts, vehicles and investments are distributed upon your death, regardless of whether th...

Joint Bank Accounts and Medicaid Eligibility

Posted by Andrew R. Byers | Nov 27, 2013 | 0 Comments

Like most governmental benefit programs, there are many myths surrounding Medicaid and eligibility for benefits. One of the most common myths is the belief that only 50% of the funds in a jointly-owned bank account will be considered an asset for the purposes of calculating Medicaid eligibility. ...

Beware of “Simple” Estate Plans

Posted by Andrew R. Byers | Nov 19, 2013 | 0 Comments

“I just need a simple will.”  It's a phrase estate planning attorneys hear practically every other day.   From the client's perspective, there's no reason to do anything complicated, especially if it might lead to higher legal fees.  Unfortunately, what may appear to be a “simple” estate is all t...

Estate Planning Don’ts

Posted by Andrew R. Byers | Nov 05, 2013 | 0 Comments

Preparing for the future is an uncertain business, but there are steps you can take during your lifetime to simplify matters for your loved ones after you pass, and to ensure your final wishes are carried out. Planning for what happens to your property, or who cares for your family members, upon ...

Changing Uses for Bypass Trusts

Posted by Andrew R. Byers | Oct 23, 2013 | 0 Comments

Every year, each individual who dies in the U.S. can leave a certain amount of money to his or her heirs before facing any federal estate taxes. For example, in 2013, a person who died could leave $5.25 million to his or her heirs (or a charity) estate tax free, and everything over that amount wo...

Estate Planning: The Medicaid Asset Protection Trust

Posted by Andrew R. Byers | Oct 14, 2013 | 0 Comments

The irrevocable Medicaid Asset Protection Trust has proven to be a highly effective estate planning tool for many older Americans. There are many factors to consider when deciding whether a Medicaid Asset Protection Trust is right for you and your family. This brief overview is designed to give y...

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