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Estate Planning and Elder Law Blog

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What wrong with the Presley estate?

ABLE account- Is a Disabled Person with Savings Eligible for Medicaid?

Posted on: October 2, 2020 | By: David Parker, Esq.
I am a social worker at a state facility for people with developmental disabilities. Most of the men I work with function at about 12 to 14 years of age. I am working with a gentleman who makes minimum wage and works six hours a day. He can’t have more than $1,800 in the bank or he will not be eligible for health benefits, so he has to spend his money. Otherwise, the state will take it.
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Does an Ex-Wife get an inheritance ?

Does an Ex-Wife Get Her Former Husband’s Inheritance Because He Died of COVID-19?

Posted on: October 1, 2020 | By: David Parker, Esq.
My big brother died of COVID-19 and he didn’t have a will. He divorced 20 years ago and has no children, but his ex is telling me she should get an inheritance. Who has the right to his money?
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What about a second beneficiary ?

What If a Sole Beneficiary Wants to Share?

Posted on: September 30, 2020 | By: David Parker, Esq.
An Uncle (or grandparent, sibling, or parent) died, leaving his IRA to one named niece (or grandchild, sibling, or child). However, everyone, including the named beneficiary, agrees--the decedent should have named all members of the class as equal beneficiaries. After all, he left all his other assets equally to all the class members. He surely meant for all of them to share the IRA equally too, right? Can't we just ignore this mistake and pay out the IRA to everybody?
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A Special Needs Trust can protect your child.

How to Protect Your Estate from Unintended Heirs such as an Unknown Child

Posted on: September 29, 2020 | By: David Parker, Esq.
What happens when a decedent’s will or trust does not provide for a decedent’s child?
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Spousal Lifetime Access Trust ( SLAT )

Pre-Election Estate Planning Includes a Vast Variety of Trusts like a SLAT

Posted on: September 28, 2020 | By: David Parker, Esq.
Why wait? A variety of trusts—from SLATs to BDITs, GRATs and more—can help you be proactive in protecting your wealth.
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What wrong with the Presley estate?

Will We See a Bump in the COLA for Social Security Next Year?

Posted on: September 25, 2020 | By: David Parker, Esq.
Thanks in part to the economic impact of the COVID-19 pandemic, don't bank on a big cost-of-living adjustment (COLA) for your Social Security benefits in 2021.
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How to provide asset protection

How Far Did Ross Emmick Go to Get His Grandparents’ Trust Funds?

Posted on: September 24, 2020 | By: David Parker, Esq.
More details are released about a Valley man accused of threatening to kill his brother over inheritance money.
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What is a Special Needs Trust ?

529 Education Savings Plan - How Can I Help with My Grandchild’s College Tuition?

Posted on: September 23, 2020 | By: David Parker, Esq.
Part of estate planning includes helping with the ever-escalating costs of education for children and grandchildren.
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What is a POD account ?

Estate Planning for Asset Distribution

Posted on: September 22, 2020 | By: David Parker, Esq.
The distribution of some of our assets can be governed by contracts. Examples of these contracts include life insurance, investment accounts, bank accounts and trusts.
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Disinhering a Child, what to know.

What Needs to Happen for a Deceased Spouse ?

Posted on: September 21, 2020 | By: David Parker, Esq.
The list of things you need to do after someone dies can seem endless, especially during a time when you are also grieving.
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