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Estate Planning and Elder Law Blog

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What doesn't Medicare cover.

Will or a Trust, Which Takes Priority in a Conflict?

Posted on: May 12, 2020 | By: David Parker, Esq.
A will and a living trust are both part of a comprehensive estate plan, that sometimes are inconsistent with one another. When there are conflicts, the trust takes precedence.
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Can a BDIT save you on taxes?

How Low Interest Rates Create Estate Planning Opportunities

Posted on: May 11, 2020 | By: David Parker, Esq.
A more present sense of one's own mortality may drive those who have not made plans before to begin the process of creating an estate plan. For those who have existing plans, are they up to date? How does the changing economic environment affect prior decisions?
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Work on your Estate Plan

Caring for Alzheimer's and Dementia Patients during Stay-At-Home Orders

Posted on: May 8, 2020 | By: David Parker, Esq.
The Alzheimer’s Association Montana Chapter has put out a press release saying that finding ways to stay engaged and active during the COVID-19 pandemic is proving to be challenging for many Montanans, but it can be particularly difficult for people living with Alzheimer’s and other dementia.
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An elder law attorney can help with paying for a nursing home

How are a DNR and a Living Will Different for Coronavirus Patients, if They Require a Ventilator?

Posted on: May 7, 2020 | By: David Parker, Esq.
The coronavirus pandemic is causing confusion for families of those who need to go to the hospital for care for suspected COVIS-19 infections.
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Legal Guardian and conservatorship

People Subject to Guardian Proceedings and Legal Representation

Posted on: May 6, 2020 | By: David Parker, Esq.
It’s hard to imagine being stripped by a court of the right to make decisions about finances, medical care and other matters. It’s even harder to imagine that happening without representation or the advice from a lawyer.
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Eddie Van Halen left money to a foundation

Why Gifting during Volatile Markets Makes Sense

Posted on: May 5, 2020 | By: David Parker, Esq.
The recent decline in asset values may make gifting a more attractive estate planning technique for many individuals, especially if you are considering gifts of stock or other non-cash assets.
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New RMD rules

Coronavirus Stimulus Allows Retirees to Tap Funds Early, With Little or No Penalties

Posted on: May 4, 2020 | By: David Parker, Esq.
Lawmakers in Washington are making it easier for Americans struggling with the fallout from the coronavirus to draw on the trillions of dollars in their 401(k)s and other retirement accounts.
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What was in Ray Liotta 's Will

What’s the Difference Between an Inter Vivos Trust and a Testamentary Trust ?

Posted on: May 1, 2020 | By: David Parker, Esq.
Estate planning offers tools to establish and maintain effective control over cash, investments and real estate assets during a person's lifetime and upon death. While wills and beneficiary designations work well to ensure that an estate plan meets the unique needs of the individual establishing the plan, each has its limits.
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Beware Inheritance Theft

Rules for the HIPAA Waiver Relaxed?

Posted on: April 30, 2020 | By: David Parker, Esq.
Under the temporary enforcement waiver, OCR won't impose penalties for disclosure of protected health information, if the business associate makes good-faith use or disclosure for public health activities and informs the covered entity within 10 business days.
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Is there a step-up-in-basis for real estate?

Transferring a Home to Your Kids Is Never Good Estate Planning

Posted on: April 29, 2020 | By: David Parker, Esq.
Adding an adult child to your house deed, or giving them the home outright, might seem like a smart thing to do. It usually isn’t.
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