Effective estate planning means developing a plan that will achieve your goals as the estate owner while you’re alive and after your death. It’s an ongoing process that involves the creation, conservation, and distribution of property.
An estate plan can be as simple as having a will and life insurance, or it could use trusts, business continuation plans, charitable arrangements, and other elements.
Our services include:
- Wills, complex and simple
- Revocable Living Trusts
- Irrevocable Life Insurance Trusts
- Grantor Retained Annuity Trusts
- Trusts for Minor Children
- Special Needs Trusts (for the disabled)
- Charitable Trusts and Foundations
- Insurance Trusts
- Qualified Sub-Chapter S and Electing Small Business Trusts
- GRATs, QPRTs, and other split interest trusts
- Pet Trusts
- Generation-Skipping Transfer Taxes
- Business Succession Planning
- Family Farm Planning
- Limited Liability Companies and Partnerships
- Powers of Attorney
- Advanced Directives for Health Care
While long-term nursing home care is expensive, Medicaid can help cover these costs if you qualify. Part of this qualification may hinge upon developing a proper estate plan,including a properly drafted Special Needs Trust or Supplemental Needs Trust, which can help you meet the requisite asset limits. Even if you are already in a nursing home, The Law Office of Keith R. Miles, LLC can help.
A single error in Medicaid planning can prove to be incredibly costly. If you fail to qualify, you may be forced to sell your home or use other hard-earned assets to cover the entire cost of your nursing home care. Moreover, the government can even seek reimbursement for any Medicaid benefits you received in error and pursue Medicaid Estate Recovery after death. Rest assured we will take the time to inform you of your options, answer your questions and help you take careful and proactive steps toward obtaining Medicaid benefits.
While Medicaid planning and related elder law matters are complex and present many challenges, we have the significant experience and in-depth knowledge needed to overcome those obstacles. Why lose assets and money? Why deplete your estate when there are legal methods available to allow Medicaid to cover some of the costs of your nursing home care?
Special needs trusts enhance lives by providing money for things such as better clothing and personal care as well as interests and hobbies. In many cases, it is important to ensure that receiving funds from a special needs trust does not disqualify the person from eligibility for government benefits.
Government assistance for medical care and housing is typically need-based, so it is best to have a lawyer create a special needs trust that is not deemed to be owned by your child and does not put your child over the asset limit.
The firm can also apply for a guardianship for your adult special needs child. We recommend starting this process before your child’s 18th birthday so you will be prepared in the event of an emergency such as an illness or accident.
When special needs children turn 18, they are legally considered adults. To make decisions for them, parents need to establish a guardianship. As legal guardians of their adult child, parents can make decisions regarding health care, finances and legal matters.
Under the Health Insurance Portability and Accountability Act (HIPAA), parents must be legal guardians to discuss their adult child’s medical information with doctors when he or she turns 18.