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The last 100 years have brought vast technological advancements to the masses, including the computer, internet, and smartphone. These developments have changed the way we live our lives and the way we conduct business. Instead of calling the receptionist of a company and asking for directions, we simply navigate using our car’s computer system or an app. Instead...
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 Some seniors simply want to downsize.  They either can’t afford to live in a large home, or they don’t want the maintenance and upkeep.  Or, they would like to move closer to family.  In addition, as the multitude of Baby Boomers continue to age, there are oftentimes a shortage of traditional living facilities and care...
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On May 23, 2019, the U.S. House of Representatives passed H.R. 1994, also known as the SECURE Act, by a vote of 417 to 3. The SECURE Act is now headed to the Senate, where a nearly identical bill (the Retirement Enhancement Savings Act, aka RESA) is pending. Due to its overwhelming bipartisan support, experts...
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It is challenging for families to make the decision to enter a loved one into a long-term care (LTC) facility. It is wonderful when families are prepared for the financial costs of this transition. Hopefully, families are proactive and prepared, but unfortunately, not all have planned for the possibility of an extended-term living situation at an...
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The United States Supreme Court rarely addresses trusts and estates issues. The purview of the states, issues arising in intergenerational wealth transfers, are generally outside federal jurisdiction. To reach the U.S. Supreme Court, trusts and estates cases typically involve federal preemption or the constitutionality of a state’s law; the latter has brought the most recent...
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Sixty to eighty percent of folks with a disability want to work. However, only 32.3% of workers with a disability are in the workforce. It is no secret that employment rates among individuals with disabilities are suffering. While many disabled individuals want to gain employment and contribute to the workforce, related barriers prevent all too...
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Woods’s Wednesday Wisdom is officially 50 blogs old!  In celebration of this milestone, we have selected our Top 5 Articles from the past year. Check them out below!
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Grantor Trusts can be a source of confusion for elder law attorneys and their clients alike. That’s because they are not a typical type of trust. The biggest difference to note about a Grantor Trust is that it is about how the trust’s income is taxed rather than who receives the income or assets of...
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When it comes to helping clients who may be the victim of undue influence, it can be difficult, if not seemingly impossible, to recognize the signs of its existence. This is mostly because undue influence is a process rather than a single event, and one that occurs in private between the influencer and influenced person. While...
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Most states have a child caretaker exception to their Medicaid transfer rules.  An elderly parent can transfer their home to an adult child who lived in the home with their parent for the two years prior to that parent entering into a nursing home. Such transfer of the home would not violate Medicaid look-back rules. ...
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