Our News Articles https://www.eaels.com/feeds/rss/news Sat, 21 Dec 2024 12:04:45 +0000 Sat, 21 Dec 2024 12:04:45 +0000 https://www.eaels.com/news/december-2024-newsletter 10064 Tue, 17 Dec 2024 18:20:20 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Have You Spoken to Your Children about Your Will? Well Warren Buffet Has. Why Not You? </h1> <p> A recent article in the Wall Street Journal touts Warren Buffet’s philosophy for discussing an estate plan with one’s children before executing it. Mr. Buffet is worth about $150 billion. Probably your estate is a little less than that. But the principle behind the suggestion is sound however much you may have. Mature children should understand your plan and the rationale behind it. </p> <p> At Estate &amp; Elder Law Services that principle has been foundational for our estate planning process. </p> <p> Several factors are in play. The first is not about transferring wealth, but teaching your agents, beneficiaries, and successors what is expected of them... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/49MaUSr" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/november-2024-newsletter 10063 Fri, 22 Nov 2024 18:45:00 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> END of YEAR PLANNING CHECKLIST </h1> <p> We are in November and before we enter the holiday season there are several items we need to check off our naughty or good list for ourselves. </p> <p> First, for those of us on Medicare it is Open Season on selecting our health supplement plans and drug plans. Medicare Open Enrollment ends on December 7. This is the opportunity to select Medicare Supplemental plans and Prescription Drug Plans for the next year. It is also the opportunity to select Medicare Part C Plan, also known as Medicare Advantage Plan. </p> <p> Medicare can be complex. The Medicare.gov website can help lead you through some of the choices available to you. It is not very difficult to use... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3Z0NxzF" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/october-2024-newsletter 10062 Tue, 15 Oct 2024 16:19:10 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> THE CORPORATE TRANSPARENCY ACT: DOES IT AFFECT YOU? </h1> <p> A number of clients have contacted us regarding the Corporate Transparency Act asking if their trusts are affected by this law. For almost every trust we have assisted clients with the answer is no. </p> <p> The Corporate Transparency Act (CTA) was enacted in 2021 over President Trump’s veto. The purpose is “intended to help prevent and combat money laundering, terrorist financing, corruption, tax fraud, and other illicit activity, while minimizing the burden on entities doing business in the United States.” The Financial Crimes Enforcement network (FinCEN) bureau of the Department of the Treasury is tasked with enforcing the law. All western European countries have had similar laws for many years and the United States has been pressured to enact its own version. </p> <p> The American Bar Association has said, “Congress directs the United States Treasury Department’s Financial Crimes Enforcement Network (FinCEN) to establish and maintain...” </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/407qOUU" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/september-2024-newsletter 10061 Mon, 23 Sep 2024 18:05:27 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Powers of Appointment: Fine Tuning Your Estate Planning </h1> <p> A power of appointment is the right given under a will or trust by a person known as the donor or Powergiver. The person who receives this right is called the done or the Powerholder. The Powerholder is someone who can appoint property to oneself or others. A power of appointment, as defined by Professor Jeffrey Pernell, is the right to select, within the parameters set by the Powergiver, who will receive property subject to the power. Powers of appointment have many useful functions. </p> <p> The Powerholder can decide who gets certain property based upon changed circumstances. The Powerholder gets to take a second look at circumstances as they develop over the life of a trust based upon the Powergiver’s instruction. The Powergiver is almost always the Trustmaker. </p> <p> Think about someone pointing a finger and saying, “I choose you and not them.” “I choose this property and not that... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3XVMvFX" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/august-2024-newsletter 10060 Fri, 23 Aug 2024 02:30:33 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Powers of Attorney: Issues in Delaware (and other places) </h1> <p> The most necessary and most troublesome part of estate planning is planning for incapacity. Everyone wants to talk about who gets what when they die. That is the fun part of estate planning. But bring the conversation to incapacity and clients look as uncomfortable as hearing, “who is going to change your diapers when you are old?” </p> <p> The primary tool for incapacity is the durable power of attorney. While there are other tools, such as trusts and supportive decision makers, powers of attorney are essential in order to avoid the dreaded process of guardianship. </p> <ul> <li> <u><strong>“Immediately effective” vs. “springing”</strong></u> </li> </ul> <p> Unless a power of attorney provides to the contrary, it is effective as soon as it is executed by the principal. However, a power of attorney may be “springing”, that is becomes effective upon the triggering of a future event or contingency... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3XdjNA0" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/june-2024-newsletter 10059 Fri, 21 Jun 2024 17:59:15 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Alzheimer's and Early Financial Toll </h1> <p> Before people show symptoms or are diagnosed with Alzheimer’s disease or a related disorder (“ADRD”) their spending, borrowing, and management of money changes. Economists and medical experts at the Federal Reserve Bank of New York and Georgetown University examined Medicare records with data from credit bureaus, looking at borrowing behavior in the years before and after a diagnosis of ADRD. </p> <p> Credit scores among people who eventually develop dementia fall years before their disease is diagnosed. A year before diagnosis, these consumers were 17.2 percent more delinquent on mortgage payments than before. Another 34.3 percent increased delinquency on their credit card bills. The study evidenced consumers falling behind on their debts five years before diagnosis. </p> <p> “The results are striking in both their clarity and their consistency,” said Carole Roan Gresenz, a Georgetown University economist who was one of the study’s authors. Credit scores and delinquencies, she said, “consistently worsen over time as...” </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/4cmTV9w" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/may-2024-newsletter 10058 Mon, 20 May 2024 17:29:56 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Trusts for Persons with Disabilities: By Accident or Mistake, or by Decision </h1> <p> About 13.5 percent of the U.S. population has some type of disability. Around 46 percent of Americans over age 75 live with some disability. The most common disability affects one’s ability to ambulate. About 4.7 percent aged between 21 and 64 years and 30 percent of people aged 75 or older have some limitation moving. However, the most common disabilities among those 20 years and below are cognitive. These include hearing, concentrating, remembering, and decision making. </p> <p> Helping those with disabilities, whether because of genetics, age, or trauma, is the mission of our practice. </p> <p> Every day, we receive calls from or have consultations with people who need help regarding disabilities, whether for themselves or their family members. Sometimes clients come to us because they are proactive and contemplate careful planning for... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3WMiDvm" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/april-2024-newsletter 10057 Tue, 23 Apr 2024 16:16:17 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Advanced Health Care: Will your advance care planning honor your wishes? </h1> <p> Two items published in February impressed us. One on the fragility of life and the effect of decisions we make. Second, we make decisions before we know the facts. The second is changing. </p> <p> A recent article in the New England Journal of Medicine reported the results of a twenty-year study in China. The participants were from 45 to 65 years old with no prior cognitive deficits. They were recruited for a long-term study. One purpose was to attempt to correlate biomarkers of Alzheimer’s disease from those cognitively normal among the Chinese. </p> <p> The subgroup selected for the study underwent testing of spinal fluid, cognitive assessments and brain imaging at two-to-three-year intervals. Eventually, 648 participants who developed Alzheimer’s disease were matched with 648 participants... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3WiJBdE" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/february-2024-newsletter 10056 Tue, 27 Feb 2024 16:37:38 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> IS YOUR POWER OF ATTORNEY ANY GOOD FOR THE IRS? </h1> <p> We all rely upon powers of attorney to manage incapacity. Who will help us when we need help? Who will assist us when we need someone to help us, not actually take over? Powers of attorney are essential to make healthcare and financial decisions for us. The person making or giving the power is known as the “principal”. The one receiving the authority is known as the “agent.” The word “attorney” means substitute. I am an attorney at law. An agent under a power of attorney is an “attorney in fact.” </p> <p> Lawyers, accountants and other professionals who represent taxpayers before the&nbsp;<a href="https://www.irs.gov/pub/irs-pdf/f2848.pdf" target="_blank"><strong>IRS use Form 2848, Power of Attorney and Declaration of</strong></a>&nbsp;<a href="https://www.irs.gov/pub/irs-pdf/f2848.pdf" target="_blank"><strong>Representative.</strong></a>&nbsp;This is the form of power of attorney that the IRS recognizes. Attorneys often prepare powers of attorney for their clients. But if a taxpayer who signed... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3uNHrrd" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/january-2024-newsletter 10055 Thu, 18 Jan 2024 15:00:42 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> The Federal Government Imposes New Small Business Reporting Requirements for 2024 </h1> <p> Small business owners will have yet one more thing on their to-do list now the Corporate Transparency Act (CTA) is in effect. Around 30 million small businesses will be impacted by the law, which establishes a federal database of the reporting companies that will be accessible to certain authorities and organizations. </p> <p> To counter the risks allegedly posed by anonymous shell companies, the CTA creates a national registry that contains information about business entities. </p> <p> Effective January 1, 2024, the CTA requires that certain businesses disclose to the Federal government information about the company, its beneficial owners and the company applicant. </p> <p> Any company with twenty or fewer employees formed by filing paperwork with the Secretary of State or equivalent... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3HmqGX1" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/december-2023-newsletter 10054 Wed, 20 Dec 2023 14:47:24 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Transfer on Death and Beneficiary Designations: Death of an Estate Plan </h1> <p> Transfer on death or TOD accounts, sometimes known as Payable on Death or POD are form beneficiary designations. Beneficiary designations are most commonly known to us in life insurance. Every life insurance policy has a beneficiary. We are all familiar with beneficiary designations for our 401K or IRA. It is rare that we do not designate a beneficiary for an IRA. And if married, by law, the beneficiary of a 401K is the spouse. </p> <p> When you set up your estate plan, you think carefully about who is going to inherit or take your property when you die. Whether you use a will or a trust, our definition of estate planning is: </p> <p> You want to control your property while you are alive, </p> <p> Take care of yourself and loved ones, if you become disabled, And give what you have to whom you want, The way you want and... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3GXwy8B" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/november-2023-newsletter 10053 Wed, 22 Nov 2023 16:00:49 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Medicare Appeals When It Really Matters </h1> <p> Two times you may need to appeal a decision for the denial of Medicare benefits is when you are in the nursing home or in the hospital. There is no time to consult with a lawyer. Indeed, lawyers are of little use when you or your family member are hurting and need treatment. What you need is to get your doctor involved as fast as possible and take action. </p> <h3> Nursing Home Appeals </h3> <p> Medicare beneficiaries should seek “expedited review” of a skilled nursing facility, home health, hospice or comprehensive outpatient rehabilitation facility (CORF) services discharge or termination. </p> <p> Expedited review is available in cases involving a discharge from the provider of services, or a termination of services.... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3GbKQCj" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/october-2023-newsletter 10052 Thu, 26 Oct 2023 16:08:22 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Maximizing Your Medicare Benefits: Navigating Open Enrollment Amid Rising Costs </h1> <p> Eighty million Americans will be enrolled in Medicare by 2030. That is the major health care plan for seniors and those under 65 with long-term disabilities. We focus in this note is the increasing costs for Medicare and taking advantage of Open Enrollment in Medicare, which started October 15th. </p> <p> Remember, when we turn 65 we need to enroll in the two parts of Medicare. Medicare Part A, which is hospital coverage and Part B, which is outpatient services. Since people often work beyond 65, you have to determine: must you enroll in Medicare at 65 or can you wait if you or your spouse has employer coverage? Many delay taking Social Security retirement. They must remember to apply once they turn 65... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3FxY1x7" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/september-2023-newsletter 10051 Mon, 25 Sep 2023 14:19:58 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Medicare and Medicaid Begin Drug Price Negotiations </h1> <p> The Centers for Medicare and Medicaid Services (“CMS”) released a list of the first ten drugs whose prices will be subject to negotiation for Medicare patients, a plan implemented under the Inflation Reduction Act (“IRA”). Not to be cynical, but like any venture the government is involved in, it is hard to make sense of it. </p> <p> First, CMS needs permission from Congress to negotiate prices? How does anyone operate without the ability to negotiate or shop in the marketplace? But that has been the law for decades... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/461CiJo" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/august-2023-newsletter 10050 Thu, 24 Aug 2023 23:41:28 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Can You Use a Right of Occupancy? </h1> <p> Family dynamics can change drastically when a parent or spouse dies. In particular, if a surviving spouse remarries, the question of what happens to the family home can make dynamics among the children and the new spouse even more complicated. </p> <p> Setting up a right of occupancy trust within your revocable trust can clarify who owns the property, who is allowed to live there, how long they can live there, and who will eventually inherit the property... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3OLmfYX" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/july-2023-newsletter 10049 Fri, 21 Jul 2023 16:14:55 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> REVENUE RULING 2023-2: WHAT IT IS. WHAT IT IS NOT. </h1> <p> We do not usually write about technical income tax issues in our newsletter, but Revenue Ruling 2023-2 has caught the attention of a lot of our clients. We have had some clients contact us about changing their estate plans citing Rev. Rul. 2023-2 when it is inapplicable to them. </p> <p> It is more than a bit technical and almost everyone who has contacted us has misunderstood it. It is a new official ruling not new law </p> <p> Rev. Rul. 2023-2, as its formal citation is known, addresses when property is included in a decedent’s taxable estate. Unless property is in a taxable estate, it does not get a step up in basis upon the death of the decedent... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3rHAw16" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/june-2023-newsletter 10047 Fri, 30 Jun 2023 16:20:17 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Selecting a Fiduciary: Trustee, Executor or Power of Attorney Agent </h1> <p> A fiduciary is that person you are going to trust to make decisions when you are no longer available. The ultimate purpose of estate planning is family harmony. And selecting a fiduciary is often the most difficult part. </p> <p> Whether you have a plan that is based on a trust, or a will, selecting the person in charge when you cannot be is tricky. Friends and family often come to mind for this job. Often family or friends are not suitable. It is always a bad idea to have one family member as trustee for another family member. Even where everything seems simple, it can become complicated fast: minors; someone with a disability; or just finding time to attend to the matter at hand. Picking your fiduciary is one of the most... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3PBh8ws" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/may-2023-newsletter 10046 Fri, 30 Jun 2023 16:18:19 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> PLANNING FOR SENIOR ORPHANS </h1> <p> As estate planners, we increasingly have clients that are “Senior Orphans.” A Senior Orphan is someone without a spouse, child or friend on whom they can depend. The spouse or partner could already be incapacitated. Children may be alienated, incapacitated, unavailable or geographically remote. </p> <p> And one does not have to be alone to have no one to depend upon. A few months ago, a mother came into my office with a daughter. She filled out the section of our questionnaire which asks for the names of persons who will make health care or financial decisions if they need assistance. Like many, she listed her children in order, from the eldest to the youngest. When asked why, she replied, “That is just how I did it.” When we spent a few minutes discussing her children, it turns out that one is very bad with money; another has had substance problems, and a third is unreliable and disengaged with the mother. The only child ready, willing and available to provide care and support for the mother was the child... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/4386Xmj" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/april-2023-newsletter 10045 Tue, 18 Apr 2023 14:38:49 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Pennsylvania Courts Permit Lawyers and Nursing Homes to Sue Children for Care Rendered to Parents (and Children). </h1> <p> A Pennsylvania court ruled that the son of a Medicaid applicant must pay an elder law firm’s fee for successfully negotiating a penalty period reduction because the son would otherwise be responsible for paying the nursing home under the state’s filial responsibility doctrine. Coates, et al., v. Salmon (Pa. C.P., Mont. Cty., No. 2018-16878, June 23, 2021). </p> <p> The child engaged the services of an elder law attorney to pursue an appeal of an $86,786 Medicaid penalty that the Pennsylvania Department of Human Services had assessed against the child's father when he applied for Medicaid nursing home benefits. During their initial meeting, the elder law attorney explained... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3A9kzBK" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/march-2023-newsletter 10044 Mon, 20 Mar 2023 14:32:14 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Your Friendly Neighborhood IRS Agent </h1> <p> Most people do not know the difference between tax avoidance and tax evasion. There is a big difference in both. And in the consequences. </p> <p> Tax avoidance is reducing taxes through interpretations of the Tax Codes and other tax law. There are many techniques, some well recognized, boring and common. Others, novel, clever and sometimes aggressive. The techniques are used and when a tax return is filed, the technique is set from with appropriate and required documentation evidencing the tax avoidance technique. </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3LoYJ3W" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/january-2023-newsletter 10043 Fri, 20 Jan 2023 20:52:12 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> What is Undue Influence? </h1> <p> Undue Influence is when someone pressures another in such a way that the person being influenced is not acting by their own free will; they are being coerced into taking a certain action. Undue influence often arises when a friend family member falls ill. For example, mom has been diagnosed with cancer and her boyfriend influences her to change her estate plan so that all mom’s assets go to him instead of to her kids. The plan is oftentimes carried out in secret and others don’t know about what has been done until after the one being influenced passes away. </p> <p> Undue influence is an argument that can be brought up in court to undo what the bad actor has done. Continuing the above example, mom’s children can file a petition to have the boyfriend’s actions undone if the court finds that the boyfriend was guilty of undue influence on mom. A will can be thrown out, property transfers can be undone, and the bad actor’s name can be taken off accounts. In order to win a case for undue influence, one must prove not just that the decision maker was persuaded by another to take a certain action, but that the person was coerced. Meaning, either the influenced person did not have the capacity to make the decision, or they were tricked into doing so. </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3QVNkZZ" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/december-2022-newsletter 10042 Wed, 21 Dec 2022 16:12:29 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Southwood Case Reminds Us That Incapacity Planning is Important </h1> <p> As we age, the likelihood of mental incapacity increases. Without doubt, our bodies and minds deteriorate as we age. Mental incapacity could result from dementia, stroke, brain injury, or other illness. What is mental incapacity and in what ways can you plan to be best prepared for it? </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3GaGHzm" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/november-2022-newsletter 10041 Thu, 08 Dec 2022 19:17:38 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> THE HIGH COST OF OBSERVATION STATUS </h1> <p> Years ago when I was young to Elder Law I got a phone call from a client’s wife. Her husband had fallen and had been in the hospital for five days. When he went to the rehabilitation facility, they thought that Medicare would cover the cost. She was shocked to discover that the rehabilitation facility wanted almost $10,000 (in 2007) to cover the cost. That was surprise billing on steroids!... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3AszreP" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/october-2022-newsletter 10040 Thu, 08 Dec 2022 19:17:25 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Medicaid Estate Recovery </h1> <p> We are often asked, “Will Medicaid come after us?” “Will Medicaid take the house?” “Won’t Medicaid get everything?” While the reach of the State can be long, there are limits. </p> <p> Since 1993, every state must establish a program to recover Medicaid expenditures from the estates... </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3sDJqKe" target="_blank">Continue to read</a> </p> https://www.eaels.com/news/september-2022-newsletter 10039 Thu, 08 Dec 2022 19:17:11 +0000 <h1 style="text-align: center;"> From The Certified Elder Law Attorney's Desk: </h1> <h2 style="text-align: center;"> <span style="color: rgb(0, 0, 0);">William W. “Bill” Erhart</span> </h2> <h1 style="text-align: center;"> Disadvantages of Medicare Advantage Plans </h1> <p> While enrollment in Medicare Advantage plans, also known as Medicare C, has doubled over the past decade, there are some drawbacks with this form of Medicare. </p> <p> There are three types of Medicare. Original Medicare, Part A and Part B; Original Medicare Part A and Part B with a Medigap Plan and Medicare Advantage Plan which is a form of HMO. Original Medicare has predictable costs in coverage, Medicare Advantage has unpredictable costs in coverage. </p> <p style="text-align: center;"> <a class="btn btn-primary" href="https://conta.cc/3LgUdCl" target="_blank">Continue to read</a> </p>