Author Archives: Andre O. McDonald
Do Personal Injury Settlements Affect My SSDI or SSI?
The answers to many an important questions about the effects of personal injury settlements on Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) monthly benefits you currently receive, or whether you should apply for SSDI benefits and pursue a personal injury claim simultaneously, are all situationally dependent. However, there is a general short… Read More »
Claiming guardianship of an elderly parent
More often than not, guardianship congers images of a minor child in the care of a designated adult family member or friend. However, you can employ the process to obtain legal rights over elderly or aging adults, usually parents, who are losing their physical and mental health capacities. While the process is similar, there… Read More »
Springing Financial Power of Attorney
Estate planning is about more than preparing for the inevitable. A good estate plan should also consider the unexpected. Your plan may have detailed instructions for what happens when you are no longer around, but what if something goes wrong while you are alive? If you can no longer manage your affairs, you will… Read More »
Changes to the FAFSA Form (and What It Means for Grandparent-Funded 529s)
For grandparents who want to leave a legacy to their grandchildren, the gift of a 529 college savings plan is an option. Not only can opening a 529 plan account help a grandchild with educational expenses, it can also help grandparents with their estate planning goals. In the past, grandparent 529 plans had the… Read More »
Paying for Long-Term Care
According to findings, the US Department of Health and Human Services (HHS) cites that almost seventy percent of retirees in America will need some long-term care (LTC), with median annual costs for these services ranging from $53,768 to $105,850 in 2020, according to research from Genworth. HHS also reports that those who receive Medicaid-financed… Read More »
Pour-Over Will: Not Your Average Will
Wills and trusts are the two basic legal instruments that people use to pass accounts and property on to their loved ones at death. Although a revocable living trust is often used in place of a will, the two are not mutually exclusive. You can have both a will and a trust, and in… Read More »
Medicaid Gifts and Penalties
Medicaid is a federal/state program helping low-income seniors with limited income and assets afford healthcare and long-term care. Many seniors believe their only option to qualify for the program is to “spend down” their assets. While this is true in some cases, proactive Medicaid planning can protect a substantial portion of your assets if… Read More »
QTIP Trusts: Will My Spouse Get What They Need?
A qualified terminable interest property (QTIP) trust is an estate planning tool that married couples can use to minimize uncertainty about the future and maximize certain tax advantages. Since no one can predict how much they will own at the time of their death, which spouse will die first, whether the surviving spouse will… Read More »
What Type of Deed Should I Use When Transferring Real Estate into a Trust?
When using trusts in estate planning, a key element includes transferring real estate belonging to the trustmaker into the trust by recording a deed with the local recording authority. This step is crucial for ensuring that the trustee has the authority to manage and ultimately sell or transfer the property should the trustmaker become… Read More »
Medicaid Eligibility for Nursing Home Level of Care
Think again if you thought Medicaid planning only included meeting strict income and asset limits for long-term care coverage. You will also need to demonstrate you need the level of care typically provided in a nursing home setting. These health eligibility rules are valid if you apply for nursing home coverage or a Medicaid… Read More »
