Heritage Law Office Blog

Securing benefits as a veteran is more difficult than it needs to be. Discover how having a professional advocate may work out in your favor and expose you to formerly inaccessible recovery options.

Planning for the future becomes increasingly essential as you age. Learn more about advanced care directives, what they do, and how you can benefit from drafting one today.

It is essential not to leave anything out of your estate plan. Make sure to include these 6 important things to ensure that your heirs rightfully recover your assets upon your passing.

President Trump signed the Economic Growth, Regulatory Relief, and Consumer Protection Act into law on May 24, 2018. The Act contains a section that was once a stand-alone bill from Sen. Susan Collins (R-Maine) which is designed to encourage the reporting of elder (age 65 and older) financial...

Long term care (LTC) is a term that has many facets to its definition. It is comprised of a variety of services that meet medical and non-medical requirements for people who cannot care for themselves for long periods of time. It is a highly individualized care system which can be formally or...

There are demographic and cultural shifts occurring in the United States. The baby boomer generation continues to “gray” the country and is changing the way individual states set budgets and health care policies. More attention will be paid to the needs of the post age 50 generation(s) . Chan...

For some seniors in the baby boomer generation aging brings with it new challenges in the form of solo aging. Solo aging is a senior who has no children and no younger (or healthier) family members to assist them as they age. As in generations before, baby boomers are living longer and health...

Respite care is substitute care when a caregiver needs a break. If possible, these breaks should be scheduled regularly, giving the caregiver time to rest. It can be for a short period like a day or a few hours or for the purpose of giving the caregiver a vacation. Respite care is often overl...

Arizona and Florida are the latest states to request a waiver from the requirement that states provide three months of retroactive Medicaid coverage to eligible Medicaid recipients. Medicaid law allows a Medicaid applicant to be eligible for benefits for up to three months before the month o...

Jane lived alone after her husband died and the kids moved away. She started to forget things, like putting the kettle on to boil and coming back to find the stove on fire. This, together with her diabetes and osteoporosis, seemed to Jane's daughter Carolyn like a fast-approaching crisis. It ...

Jack and Doris wanted to divide their property equally between their three children. The house should to go to daughter Mary who loved it, and the rest of their estate should be apportioned equally between sons Bob and Francis. Jack and Doris's attorney drafted a will distributing the modest...

A durable power of attorney is an extremely important estate planning tool, even more important than a will in many cases.  This crucial document allows a person you appoint -- your attorney-in-fact or agent -- to act in place of you -- the principal -- for financial purposes when and if yo...

Giving your house to your children can have tax consequences, but there are ways to accomplish it tax-free. The best method to use will depend on your individual circumstances and needs. Leave the house in your will The simplest way to give your house to your children may be to leave it to them...

The main purpose of a will is to direct where your assets will go after you die, but it can also be used to instruct your heirs how to pay your debts. While generally heirs cannot inherit debt, debt can reduce what they receive. Spelling out how debt should be paid can help your heirs. If someon...

After staying the same for five years, the amount you can give away to any one individual in a particular year without reporting the gift will increase in 2018.  The annual gift tax exclusion for 2018 is rising from $14,000 to $15,000. This means that any person who gives away $15,000 or less to...

A long-term care policyholder has successfully sued her insurance company for breach of contract after the company raised her premiums. At age 56, Margery Newman bought a long-term care insurance policy from Metropolitan Life Insurance Company. She chose an option called Reduced-Pay at 65 in w...

A new study has found that people enrolled in a Medicare Advantage plan were more likely to enter a lower quality nursing home than were people in traditional Medicare. The study raises questions about whether Medicare Advantage plans are influencing beneficiaries decision making when it comes t...

When hiring a caregiver, it is important to put the contract in writing. Courts can be especially strict about requiring contracts when caregivers are relatives, but a formal agreement is still necessary even if the caregiver is not a relative.  A recent Michigan court ruling illustrates how fail...

Immediate annuities can be a useful tool to protect the spouse of a nursing home resident who applies for Medicaid. These types of annuities allow the nursing home resident to spend down assets and give the spouse a guaranteed income. But immediate annuities may not work in every state, so be sur...

No one wants to think about his or her death, but a little preparation in the form of a prepaid funeral contract can be useful. In addition to helping your family after your death, a prepaid funeral contract can be a good way to spend down assets in order to qualify for Medicaid. A prepaid or pr...

The government is spending billions to fund assisted living services through Medicaid, but government oversight and regulation of assisted living facilities is lacking, according to a new government report. Medicaid funds long-term care services for low-income individuals. It is primarily used f...

A new federal law is designed to address the growing problem of elder abuse. The law supports efforts to better understand, prevent, and combat both financial and physical elder abuse. The prevalence of elder abuse is hard to calculate because it is underreported, but according to the National C...

Americans are living longer than they did in years past, including those with disabilities. Planning by parents can make all the difference in the life of a child with a disability, as well as that of his or her siblings who may be left with the responsibility for caretaking (on top of their own ...

Disability benefits are available to qualified recipients under two programs, Social Security Income (SSI) and Social Security Disability Income (SSDI).   SSI is a means-tested program for people with disabilities who have very limited means, but SSDI is an insurance program that is available to ...

What is Alzheimers Disease? Alzheimers disease is defined as an irreversible, progressive mental deterioration that can occur in middle or old age. It is the most common form of dementia. What causes Alzheimers Disease? Alzheimers disease is caused by a generalized deterioration of the b...