Legal Tips : Estate Planning-Elder Law
Estate Planning-Elder Law 
20-Feb-2009
MEDICARE: AM I ELIGIBLE?
Medicare coverage is available to every individual aged 65 and older regardless of their financial resources and/or health status. There are three major parts to Medicare, Part A, Part B and Part D. Each part covers different areas of health costs ...
30-Jan-2009
That is a personal decision for the landlord to make. It has been the "norm" to charge the tenant a Security Deposit equal to one month of r
Any Will is capable of being contested, however, whether or not the person contesting the Will has the right to a contest or has grounds for a contest is the real issue.
Only individuals that would be entitled to a share of the decedent's estate i...
02-Jan-2009
A SPOUSE'S RIGHT TO ELECTIVE SHARE IN TENNESSEE
A surviving spouse in Tennessee has the right to take an elective share of their deceased spouse's estate. A spouse may elect against the Will of their spouse or they may take an elective share of an intestate estate if there is no Will. A survivin...
12-Dec-2008
CAN I DISINHERIT MY SPOUSE?
Anyone can intentionally disinherit their spouse in their Will; however, Tennessee law has provided an avenue for surviving spouses to recover from their deceased spouse's estate even if the deceased spouse left them nothing in their Will. However, ...
14-Nov-2008
Do I Have to Leave My Children Something in My Will?
Many people think that you must at least leave your children one dollar in your Will in order to keep them from contesting the Will. This assumption, however, is only a myth. You may leave your property to whomever you please in your Will, and it d...
03-Oct-2008
You Can't Take it With You: Where Will Your Assets Go When Your Gone?
(part 4 of a 4 part series)
WILL V. LIVING TRUST - WHICH ESTATE PLANNING VEHICLE IS RIGHT FOR YOU?
Wills and living trusts each have pros and cons. You should discuss these with your estate planner to determine which is right for y...
26-Sep-2008
You Can't Take it With You: Where Will Your Assets Go When Your Gone?
ERRORS AND OMISSIONS INSURANCE
What are the limits of liability for your errors and omissions insurance policy have limits of liability? For those real estate licensees who carry the Errors and Omissions Insurance Policy offered throu...
12-Sep-2008
You Can't Take it With You: Where Will Your Assets Go When Your Gone?
Joint Ownership/Joint Right of Survivorship
Assets that are held jointly with another person or entity may pass directly to that person or entity upon your death. For example, if you and your spouse own real property as "husband and wife", ...
05-Sep-2008
YOU CAN'T TAKE IT WITH YOU: WHERE WILL YOUR ASSETS GO WHEN
After your death, any asset that has a "payable on death" or beneficiary designation will pass directly to the person or persons indicated on the designation. Such assets may include, but are not limited to, IRAs, 401Ks, other retirement accounts, c...
29-Aug-2008
What is a VA Pension for Veterans?
A VA Pension is a benefit paid to wartime veterans that have either limited or no income. To qualify, a Veteran must be age 65 or older. A Veteran who is under age 65 and permanently and totally disabled may also qualify for a VA Pension. Veterans...
22-Aug-2008
CONSIDERATIONS WHEN CREATING A WILL
When contemplating having a will drawn up in order to provide for minor children, there are a few additional things to consider aside from the standard Will considerations. 1. Who do you desire to be guardian over the minor children? One cannot conv...
31-Jul-2008
What is a Qualified Income Trust?
The State of Tennessee has an "income cap" that can result in the disqualification of Medicaid applicants whose gross monthly income exceeds $1,911.00 per month (2008). The Federal Medicaid Rules and Regulations, however, allow a Medicaid applicant'...
18-Jul-2008
Three Reasons for Not Quitclaiming Your Property
1. Medicaid Lockout: For persons that may have to apply for Medicaid benefits to cover the cost of nursing home care, whether in the near future or a few years down the road, it is never a good idea to quitclaim your interest in property without rec...
02-Jun-2008
TENNCARE'S CLAIM AGAINST AN ESTATE
The Court of Appeals in Tennessee has recently ruled that Tenncare is subject (like all other creditors) to a one year statute of limitations in making a claim against an estate. Therefore, if someone has used Tenncare in their lifetime and Tenncare...
28-Mar-2008
WHO ARE YOUR HEIRS AT LAW?
Your heirs at law are the people who will inherit your property if you pass away without a Will (intestate). The Tennessee legislature has passed laws that determines how property passes if the deceased passed away intestate.
We call these laws the...
28-Feb-2008
HOW ASSETS PASS AT DEATH
If you have a Last Will and Testament at your death (testate), most assets that you own will pass according to the terms laid out in your Will. Not all assets will pass according to your Will though. If you own any assets, such as real estate, join...
15-Nov-2007
Asset Protection Trusts and Creditors
Question: How do asset protection trusts protect assets from creditors?
Answer: Our last few tips have focused on the "Tennessee Investment Services Act of 2007" which became Tennessee law on July 1, 2007. This week we look at the dynamics between ...
04-Oct-2007
Asset Protection Trusts and Rights Reserved by the Grantor
Question: What rights may be retained in an irrevocable trust executed under the "Tennessee Investment Services Act of 2007"?
Answer: Last week we learned that the "Tennessee Investment Services Act of 2007" became Tennessee law on July 1, 2007. Th...
20-Sep-2007
Asset Protection Trusts in Tennessee
Question: Does Tennessee allow a person to set up their own irrevocable trust to protect against the possibility of future creditors?
Answer: On May 10, 2007, Governor Phil Bredesen signed into law the "Tennessee Investment Services Act of 2007" whi...
23-Aug-2007
Irrevocable Trusts and Creditor Protection
Question: Does a revocable living trust that becomes an irrevocable trust immediately upon the death of the settlor (the person establishing the trust) provide protection from creditors?
Answer: No. Tennessee Code Annotated 35-15-505(a)(3) states th...
27-Jul-2007
Living Trusts, Creditors, and Public Benefits
Question: Will my Living Trust protect my assets from creditors during my lifetime or at my death? Will my Living Trust help me qualify for public assistance benefits?
Answer: No. As we stated in our last tip, in a Living Trust you retain control o...
03-Jul-2007
Living Trusts and Medicaid Eligibility
Question: Will my Living Trust help me become eligible for Medicaid if I ever need nursing home care or protect my estate from Medicaid estate recovery after I pass away?
Answer: No. Because in a Living Trust, sometimes referred to as a Revocable T...
28-Jun-2007
Your Right to Quality Care and Reasonable Expectations in the Nursing Home
We finish our series this week on select nursing home regulations and the impact these laws have on the relationship between the facility and the Resident.
Question: Can a nursing home require me or my family to sign an agreement that allows the f...
15-Jun-2007
Can Your Family and/or Friends Become Personally Liable for Your Nursing Home Bill - Nursing Home and Third-Party Guarantors?
We continue again this week with our look at select nursing home regulations and the impact these laws have on the relationship between the facility and the resident.
Question: Can a nursing home require that a third party guarantee or "co...
25-May-2007
Nursing Home Visitation Practices and the Law
This week we continue our look at select nursing home regulations and the impact these laws have on the relationship between the facility and the resident.
Question: Can a nursing home restrict visitation hours to family members?
Answer: No. Alt...
13-Apr-2007
Reverse Mortgages (Part 4 of a series)
Question: Can the reverse mortgage lender take away my home while I am living or make me repay the loan while I live in the home?
Answer: NO. We've been discussing for the last few weeks that a reverse mortgage is a special type of home loan that le...
28-Mar-2007
Reverse Mortgages (Part 3 of a Series)
Question: Are all kinds of homes eligible for a reverse mortgage?
Answer: We’ve been discussing for the last few weeks that a reverse mortgage is a special type of home loan that lets the homeowner convert some of the equity in the home into cash an...
16-Mar-2007
Reverse Mortgages (Part 2 of a Series)
Question: How do I know if I am eligible for a reverse mortgage?
Answer: Last time, we learned that a reverse mortgage is a special type of home loan that lets the homeowner convert some of the equity in the home into cash and that unlike a traditio...
01-Mar-2007
Reverse Mortgages - Part 1
Question: What is a reverse mortgage?
Answer: A reverse mortgage is a unique type of home loan that lets the homeowner convert a portion of the equity in the home into cash. The equity that has built up from home mortgage payments can be paid to y...
15-Feb-2007
Whom Should I Choose to be My Health Care Agent?
Question: I have decided to appoint a Health Care Agent under a Durable Power of Attorney for Health Care. Whom should I choose as my Agent?
Answer: First and foremost, select someone who understands your values and beliefs, and whom you trust to ma...
26-Jan-2007
Wills, Life Insurance Policies and Beneficiaries
Question: “My will says my 3 children are to each get one-third of my estate at my death, but I have a life insurance policy that specifies that my oldest daughter is the beneficiary at my death for $50,000.00. Will this prevent everything from being...
05-Jan-2007
Notice of Death Required to be Provided to TennCare
Question: “Do I have to notify TennCare if my loved one dies?”
Answer: Effective January 1, 2007, anyone who represents an estate must provide notice to TennCare if the decedent was 55 or older, and whether the decedent was a TennCare recipient.
...
28-Dec-2006
Supplemental Needs Trust for the Disabled
Question: “How does a supplemental needs trust help my disabled child after my death?”
Answer: Last week we discussed that leaving an inheritance directly to your disabled child will usually disqualify the child from most governmental assistance pro...
22-Dec-2006
Planning for Your Disabled Child with a Supplemental Needs Trust
Question: "How can I provide for my disabled child’s financial needs when I am no longer alive?"
Answer: Leaving an inheritance directly to your disabled child will usually disqualify the child from most governmental assistance programs such as Su...
30-Nov-2006
What is an elder care coordinator? and What is an elder care coordinator’s role in an estate planning and elder law practice?
An elder care coordinator evaluates the elder client’s needs, creates and helps implement a care plan to address those needs and makes sure all available private and public resources are accessed so that the elder client’s dignity, quality of life an...
10-Nov-2006
Do I Have to Probate my Deceased Spouse’s Will?
Question: Do I need to probate my spouse’s will?
Answer: This question is fact dependent. Many factors need to be examined to determine whether probate is necessary or not. Some of the factors include: did he own separate property, are the...
20-Oct-2006
The Pour Over Will and its Relationship to a Living Trust
Question: What is a "Pour Over" Will? Do I need one?
Answer: A "Pour Over" Will is a type of Last Will and Testament that is typically drafted and executed in conjunction with the drafting and execution of a Living or Revocable Trust.
The j...
12-Oct-2006
Advance Directives such as a Living Will or Appointment of Health Care Agent are Not Just for the Aged
Question: Are advance directives such as a Living Will and Appointment of Health Care Agent (formerly know as Medical Power of Attorney) just for the aged? If I’m young with no medical problems, why do I need something like a power of attorney?
...
05-Oct-2006
Medicaid Eligibility and Giving Your Home to A Loved One
Question: In case I need nursing home care in a couple of years, should I give my home to my daughter, son, or close friend? Will this keep the state from getting my home after I pass away and still allow me to be eligible for Medicaid to pay for my...
15-Sep-2006
Elder Law and Elder Law Attorneys
Question: What is elder law and what does an elder law attorney do?
Answer: Elder law focuses on the needs of the elderly. An elder lawyer uses his or her knowledge of the law and experiences to help his or her client address problems, seize oppor...
11-Sep-2006
Veterans Benefits – The Aid and Attendance Special Pension- VA Disability Benefits
Question: What are some of the benefits under the Aid and Attendance Program, and what are the eligibility requirements?
Answer: As of January 1, 2006, this program most commonly known as "Aid and Attendance" can provide up to $1,470.00 per mont...
10-Aug-2006
YOUR HOME AND MEDICAID ELIGIBILITY
Question: Can I keep my home and still be eligible for Medicaid to pay for my nursing home care?
Answer: Yes…Your home, no matter how much it is worth, is protected during your lifetime if your spouse, dependent child or disabled relative lives t...
10-Aug-2006
YOUR HOME AND MEDICAID ESTATE RECOVERY
Question: How does TennCare-Medicaid Estate Recovery affect my home after my death?
Answer: If TennCare-Medicaid paid for long term health care, such as a nursing home for you, the Bureau of TennCare may pursue reimbursal of its payments made on ...
14-Jul-2006
Asset Preservation - Medicaid Eligibility and the Nursing Home: Protecting Your Residence
Question: Have Medicaid rules regarding my residence changed, and can I keep my home and still be eligible for Medicaid to pay for my nursing home care?
Answer: The rules regarding your residence have changed slightly; your home and the surround...
30-Jun-2006
Asset Preservation, Medicaid Eligibility and The Nursing Home
Many families, regardless of wealth, have questions about actions that should or should not be taken when attempting to preserve assets when planning for the possibility of long term nursing home care. Whether the family is planning well in advance ...
24-Jun-2006
MEDICAID ELIGIBILITY AND YOUR NON-RESIDENTIAL REAL PROPERTY
Question: Can I keep my farmland and my rental property which are located about a mile from my residence and still be eligible for Medicaid to pay for my nursing home care?
Answer: Unlike your home (up to $500,000.00 of which is generally protec...
23-Jun-2006
Medicaid Eligibility and Your Real Property
Question: Can I keep my home and my farmland which is located about a mile from my residence and still be eligible for Medicaid to pay for my nursing home care?
Answer: As for your home and the surrounding property, up to $500,000.00, is protect...
23-Jun-2006
Medicaid Eligibility and Joint Accounts
Question: I’m selling my home and moving in with my daughter and son-in-law. I am placing the $100,000.00 from the sale of the property into a joint account with my daughter. The joint account means we both own the proceeds so the money will not co...
23-Jun-2006
Medicaid Eligibility and Giving Your Home Away
Question: Can I just give my home worth $100,000.00 away to my daughter if I think I’m going to need nursing home care; that way it is out of my name and the state cannot get it after I die to reimburse them or my care through Medicaid?
Answer: T...
13-Jun-2006
Choosing a Medigap Policy – Cost of Medigap Policies: Part 2 of 2
Question: How do I choose a Medigap policy?
Answer: From our previous tips we discovered that Medigap is private insurance that covers some of the “gaps” between what Medicare pays for and what the actual medical costs are.
When pricing polic...
26-May-2006
Choosing a Medigap Policy: Part 1
Question: How do I choose a Medigap policy?
Answer: Remember from our last tip that Medigap is private insurance that covers some of the “gaps” between what Medicare pays for and what the actual medical costs are.
When searching for a Medigap...
19-May-2006
Medigap
Question: What is Medigap?
Answer: Medigap is private insurance that covers some of the “gaps” between what Medicare pays for and what the actual medical costs are. Medigap policies are highly regulated by both state and federal governments. Re...
16-May-2006
Gift Tax -- The Gift that Keeps on Costing
The gift tax that is recognized in Tennessee may keep costing taxpayers - even after death.
The gift tax also plays a big role in inheritance scenarios. All real and personal property which the decedent owned or has an interest in must be shown on...
24-Mar-2006
Medicare and Medicare Part A
Question: What is Medicare, and what is Medicare Part A?
Answer: Medicare is the governmental health insurance program for persons age 65 and over. Medicare is also available for those who have received Social Security or Railroad Retirement Boa...
24-Mar-2006
Medicare and Medicare Part B
Question: What is Medicare, and what is Medicare Part B?
Answer: Medicare is the governmental health insurance program for persons age 65 and over. Medicare is also available for those who have received Social Security or Railroad Retirement Boa...
24-Mar-2006
Medicare Advantage Plans
Question: What are Medicare Advantage Plans?
Answer: Medicare Advantage Plans are offered by private companies that contract with Medicare to provide you with all your Medicare Part A and Part B benefits. Medicare Advantage Plans are Health Main...
10-Mar-2006
Long Term Nursing Home Care
Question: Does Medicare pay for long term nursing home care?
Answer: No, generally it does not.
Medicare does pay for “skilled care” for the first 20 days. For days 21-100, the patient pays a daily co-payment. Beyond day 100 the patient pays...
24-Feb-2006
Social Security Benefits for Survivors
Question: Can I receive Social Security Benefits as a survivor of a family member?
Answer: Yes, you can under certain situations.
Upon the death of a worker who has earned enough Social Security credits while he or she was working, certain memb...
16-Feb-2006
Social Security Retirement Ages
When can I receive Social Security Benefits?
If you have enough Social Security credits, you can receive full benefits at age 65 if you were born before 1938. For those born after 1938 the retirement age increases incrementally until the age of 6...
02-Feb-2006
Conservatorships
What is a conservatorship?
A conservatorship is a court-ordered protection for a disabled or incapacitated adult person. A “conservator of the person” may be appointed when the individual is incapacitated and needs someone to make housing and hea...
20-Jan-2006
12 Month Bar on Creditor Claims Against An Estate
Question: My father who was a widower passed away 14 months ago at the nursing home without a Last Will and Testament. His care there was paid by Medicaid/TennCare. Isn’t it true that because it has been over a year that all his creditors are barre...
13-Jan-2006
LIFE INSURANCE
Question: I have four children, but I have my oldest daughter listed as the sole beneficiary on my life insurance policy. How can I make sure she will divide the proceeds with each child at my death?
Answer: You must first understand that upon...
06-Jan-2006
UNWILLING EXECUTORS
Question: Can a person named as executor in a will refuse to serve even if he agreed during the life of the testator (the person making the will) to serve as executor?
Answer: Yes. A person nominated as executor in a will can refuse to accept hi...
30-Dec-2005
THE DANGERS OF JOINT ACCOUNTS
Question: Should I add my child or grandchild to my bank account to help me write the bills before I become disabled or incapacitated?
Answer: No. Legally, the joint financial account would be owned equally by you and your child or grandchild. ...
22-Dec-2005
THE NEW MEDICARE PRESCRIPTION DRUG PLAN
Question: What is the new Medicare prescription drug plan?
Answer: Beginning January 1, 2006, Medicare will offer prescription drug coverage to everyone with Medicare or Medicaid. If you do not currently have prescription drug coverage, you sho...
16-Dec-2005
LEGAL OBLIGATIONS OF THE HOLDER OF A WILL
Question: What is my legal obligation as the holder of the Will of a deceased person?
Answer: One who possesses the Will must send it to the personal representative, with a copy sent to the probate clerk of the county where the decedent lived.
...
16-Dec-2005
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
Question: What is a Durable Power of Attorney for Health Care?
Answer: A Durable Power of Attorney for Health Care is a legally binding document in which the principal (person needing medical care now or in the future) chooses an attorney-in-fac...
18-Nov-2005
MEDICARE PRESCRIPTION DRUG PLAN
Question: What is the new Medicare Prescription Drug Plan?
Answer: The new Medicare Prescription Drug Plan provides that all persons with Medicare, regardless of income, good or ill health, or prescription drug usage, will have access to prescript...
18-Nov-2005
PROBATE MADE SIMPLE – SALE OF REAL PROPERTY WHEN SELLER DIES
Question: What happens when the seller of real property dies before final conveyance is made?
Answer: Tennessee Code Annotated 66-4-101 provides that in situations where there is a written agreement or contract to sell land in Tennessee and the s...
28-Oct-2005
PROBATE MADE SIMPLE PART 2
Question: If my estate needs to be fully admitted to probate, can I use my Last Will and Testament to empower my Executor to sell and convey my real estate?
Answer. Yes...This authority must come from the Last Will and Testament. Your Executor, ...
27-Oct-2005
PROBATE MADE SIMPLE PART 1
Question: If the only asset my deceased parents had was their home or other real estate and the Will leaves it to my siblings and myself, do we have to go through the entire probate process?
Answer. No...Tennessee has an abbreviated probate for tr...
25-Jul-2005
WHY YOU SHOULD NOT PUT YOUR CHILD'S NAME ON YOUR BANK ACCOUNT
A joint account owned by a parent with their child has the potential to cause major problems down the road. Each party on a joint bank account is considered to each own 100 percent of the account. This subjects a joint account to a creditor of eith...
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