A Personal Representative, also known as an Executor or Administrator, plays a crucial role in the estate administration process after someone passes away. Their primary responsibility is to manage and settle the affairs of the deceased individual according to the instructions outlined in their will or as per the laws of intestate succession (when there is no valid will). Here are the key duties and responsibilities of a Personal Representative: Initiating the Probate Process: The Personal Representative begins by filing the necessary paperwork with the probate court to open the estate. This typically involves submitting the original will, if available,…
When it comes to matters of estate planning, asset protection, and elder law, experience and expertise are paramount. That’s why the Estate and Elder Law Office of David Wingate stands out as a trusted and reliable resource for individuals and families seeking comprehensive legal guidance in these specialized fields. Led by the esteemed attorney David Wingate, our firm is dedicated to serving clients with personalized and effective solutions to their unique legal needs. With a strong focus on asset protection and elder law, we have built a reputation for providing exceptional counsel and support to clients across [location] and beyond….
Introduction: When it comes to estate planning, one of the most fundamental and essential documents to have in place is a will. A will serves as a legal instrument that outlines your wishes regarding the distribution of your assets and the management of your affairs after your passing. While the topic of wills may seem daunting, understanding their importance and key considerations can provide peace of mind and ensure your loved ones are taken care of according to your wishes. The Purpose and Benefits of a Will: A will serves several crucial purposes, including: Asset Distribution: A will enables you…
The Centers for Medicare & Medicaid Services (CMS) 2023 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures. What Are Spousal Impoverishment Rules? Spousal impoverishment is a concern for older couples when there is one spouse who requires long-term care and applies for Medicaid. Before the federal government enacted spousal impoverishment protections, many healthy spouses faced poverty when their partners needed long-term care. The spousal impoverishment rules are based on the idea that spouses will provide for each other. Community Spouse Resource Allowance In 2023, the spouse of a…
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 you ever become incapacitated due to dementia or some other reason. The agent under the power of attorney can quickly step in and take care of your affairs. But in order to execute a power of attorney and name an agent to stand in your shoes, you need to…
A Medicaid Asset Protection Trust (MAPT) is one option a person may consider to protect their assets from Medicaid and nursing homes or long-term care. What Is a MAPT? A MAPT is an irrevocable trust created during your lifetime. The primary goal of a MAPT is to transfer assets to it so that Medicaid will not count these assets toward your resource limit when determining whether you qualify for Medicaid benefits. However, creating an irrevocable trust comes with a certain lack of control over the assets you transfer to this trust. Before making such a significant decision, consider some pros…
For better and for worse, Medicaid is the primary method of paying for nursing home care in the United States. But navigating the Medicaid system is complicated and confusing. Here are the basics. Medicaid (Medical Assistance in Maryland) is a joint federal-state program that provides health insurance coverage to low-income children, seniors, and people with disabilities. In addition, it covers long-term care for those who qualify. The coverage is in a nursing home, in Maryland there is coverage of care in an assisted living facility or at home (except for a limited amount of waivers). In the absence of any…
Federal law requires each state to attempt to recover long-term care benefits from Medicaid recipient’s estates after their death. This is known as Medicaid estate recovery. If a Medicaid recipient had failed to protect their house, it may need to be sold to settle the claim. Who Does the Medicaid Estate Recovery Program (MERP) Affect? For Medicaid recipients ages 55 or older, states must seek recovery of payments from their estate for the following: nursing facility services; home and community-based services; and related hospital and prescription drug services. States may also recover costs for any medical care…
A power of attorney is a very important estate planning tool, but in fact there are several different kinds of powers of attorney that can be used for different purposes. Before executing this crucial document, it is important to understand what your options are. A power of attorney allows a person you appoint — your “attorney-in-fact” or agent — to act in your place for financial or other purposes when and if you ever become incapacitated or if you can’t act on your own behalf. There are four main types of powers of attorney: A limited power of attorney…
A nursing home contract needs to have the following: Services and charges. A nursing home contract must describe what services the home will provide for the basic rate. The basic rate is usually a daily fee. The basic rate must include at least: room and board social services nursing care skin care, cleaning, and grooming protection from accidents and infections social and rehabilitative activities Extra fees may be charged for services not included in the basic rate. Rates and fees may not be increased without at least 45 days written notice. The contract must state the reasons why rates…
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