Estate Planning – Changing as We Age
When I ask someone if they’ve got an estate plan in place – the basics being a will, power of attorney and health care directive, often the response is “yes, we took care of that a number of years ago”. But, what many people don’t realize is that the
Can a Mentally Impaired Person Execute a Will?
Mom has been diagnosed with dementia. She doesn’t have any estate planning documents, such as a will, power of attorney or health care directive. I am often asked, “Can Mom still execute these documents? What level of capacity is needed?” The legal capacity needed to execute a will is
Estate Planning Lessons from a Mob Boss (Part 2)
Last week we were discussing Soprano’s actor and New Jersey native James Gandolfini, more specifically his will and estate plan which has been the subject of much comment . Some experts have said he created an estate tax mess for his family. Is that really true? The answer is maybe, maybe
Estate Planning Lessons from a Mob Boss
Estate planning is not a favorite subject for most. Who wants to think about what happens if I die? But, when the rich and famous die, such as Soprano’s actor, James Gandolfini did earlier this summer, it becomes a hot topic, at least for a short while. Gandolfini’s estate is estimated
Elder Law Today Podcast Show #18 Continuing Care Retirement Communities
Continuing care retirement communities can be a great option for many people. I can move into one community that can meet all my needs, from independent housing to assisted living to nursing home care as I need it. In Show 18 of his monthly elder law podcast, Yale Hauptman, a practicing elder law attorney,
Elder Law Podcast Show #17 Why Do I Need a Will
The law allows every person to distribute property according to their wishes by a written instrument known as a Last Will. However, many people never execute one and miss that opportunity, the consequences of which can be devastating to loved ones. In Show 17 of his monthly elder law podcast, Yale
Elder Law Today Show #16 Mom is Not Capable of Handling Her Affairs – When is a Guardianship Appropriate
Mom is unable to handle her affairs and either canât or wonât accept assistance from other family members. Or maybe one child lives close by and is taking advantage of mom and other family members, who live a distance away, are frustrated in their attempts to protect mom. Is guardianship
Elder Law Today Podcast Show #15 – You Have Spent Down all Your Money and Still Can Not Get Medicaid How Could This Happen?
You've spent down the remaining assets on Mom's care and have no more money left. You apply for Medicaid but are told, "Sorry, Mom is not eligible for another 8 months." How could this happen? What can you do to avoid this horrific outcome? In Show 15 of his
Elder Law Today Podast Show #14 Married Couple – Crisis Long Term Care Planning
So after listening to Show 13 you're thinking, we should have taken action immediately after Dad's diagnosis but didn't so now what do we do? In the 14th installment of his audio podcast, Yale Hauptman discusses just that scenario, crisis planning. Although the picture is more complicated all hope is
Elder Law Today Podcast Show #13 Married Couple – Early Action Long Term Care Planning
In the first show of Season 2 of his Elder Law Today Podcast, by listener request, Yale Hauptman has modified the format and shortened the length of his audio podcast. In a concise 10 minutes, Yale presents a common scenario that many families today are faced with. Dad has just recently been diagnosed with early