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Estate Planning
I am being told to transfer a parent’s brokerage account to me to qualify them for Medicaid.  Do I need to sell the underlying investments for this to happen?
Obtaining eligibility for Medicaid often requires transferring assets to a spouse or other family members. Â When transferring assets, one...

Salvatore Di Costanzo


How Will the New Tax Law Affect You?
While most of the new tax law – the Tax Cuts and Jobs Act – has to do with reducing the corporate tax rate from 35 percent to 21 percent,...

Salvatore Di Costanzo
My Father is 85 years old and needs care. He never did any planning - is it too late?
Contrary to popular belief, it is never too late. Â An elder law attorney can work to implement many different techniques even at the...

Salvatore Di Costanzo
Spending Down Your Assets is Not a Plan!
In a perfect world, everyone would craft an estate and elder care plan well in advance of having to implement it˗ but the world isn’t...

Salvatore Di Costanzo
When do you use a Special Needs Trust?
Special Needs Trusts are an integral part of almost every estate plan. Â I use them in most of my estate planning documents. Â There are...

Salvatore Di Costanzo
At what age should I start thinking about estate planning?
You are never too young to draft your estate planning documents. Â I am sure you would agree that anything can happen to anyone at any...

Salvatore Di Costanzo
Special Needs Trusts: First Party vs. Third Party Trusts
Special Needs Trusts are an integral part of almost every estate plan, yet, most people do not realize this. Â Typically, those who...

Salvatore Di Costanzo


Three Reasons Why Giving Your House to Your Children Isn't the Best Way to Protect It From Medicaid
You may be afraid of losing your home if you have to enter a nursing home and apply for Medicaid. While this fear is well-founded,...

Salvatore Di Costanzo
Can I gift my children $14,000 per year without Medicaid imposing a penalty?
Generally, in determining the Medicaid eligibility of a person receiving nursing facility services, any gifting of assets made by the...

Salvatore Di Costanzo
If I disinherit my child in my Will, does he/she need to be contacted upon my death?
Actually, yes! Â When someone dies, the first step is to determine if the decedent owned any assets individually, meaning there were...

Salvatore Di Costanzo


Use Your Will to Dictate How to Pay Your Debts
The main purpose of a will is to direct where your assets will go after you die, but it can also be used to instruct your heirs how to...

Salvatore Di Costanzo
Why is it someone with a revocable trust needs to probate their will?
This is a very common issue with revocable trusts and it results from not respecting the formalities of the trust. In order for a...

Salvatore Di Costanzo
Can the State Make a Claim on My Father's House if He Is Receiving Medicaid Home Care?
State laws vary considerably, so you should confirm this response with a local elder law attorney. But here are the general rules: the...

Salvatore Di Costanzo
The Guardianship Process
According to a recent report published by the Alzheimer’s Association, in 2017, approximately 5.5 million individuals have “Alzheimer’s...

Salvatore Di Costanzo
Does My Dad Need a Power of Attorney If I Can Pay His Bills With a Joint Bank Account?
A durable power of attorney would still make a lot of sense. Having your name on your father’s bank account is great because it permits...

Salvatore Di Costanzo


Nursing Home Costs Rise Sharply in 2017
The median cost of a private nursing home room in the United States has increased to $97,455 a year, up 5.5 percent from 2016, according...

Salvatore Di Costanzo
How long is the probate process?
The answer to this question is dependent on the County you live in. Â Regardless, the probate process can take quite some time and delay...

Salvatore Di Costanzo
Can I appoint more than one person power of attorney?
You can appoint as many people as you wish, however there are a few things to consider about the person you appoint. Â First, you should...

Salvatore Di Costanzo


HUD Makes Reverse Mortgages a Little Less Attractive
The Department of Housing and Urban Development (HUD) has announced changes to the federal reverse mortgage program. Citing the need to...

Salvatore Di Costanzo
What is the difference between the look-back period and the penalty period for Medicaid purposes?
Often confused, the look-back period and the penalty period are two distinct concepts in Medicaid planning. Â It is important to...

Salvatore Di Costanzo
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