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elder law resources - ABLE Accounts

Almost every Wednesday morning, Allen Byers shares God’s Word with a group of believers. These messages are not for the faint of heart or those who aren’t interested in hearing the truth. Allen speaks God’s Word raw and unadorned. It’s straight from the scripture. If you want to hear these messages, they are linked below. […]

elder law resources - ABLE Accounts

Nursing homes are intended to be places of comfort and healing. More than 1.4 million individuals live in over 15,500 Medicare- and Medicaid-certified nursing homes across the nation. Everyone knows staffing is the most significant issue when determining whether your loved one gets the care he or she needs. Staffing levels have a direct impact […]

elder law resources - ABLE Accounts

Caregiving is hard. Being a parent is hard. Being a child is hard. And sometimes you might feel like you’re not enough. You are enough and you need to listen to this song. You’re enough!

elder law resources - ABLE Accounts

During the week of May 1, 2023, the VA updated its Adjudication Procedures Manual to clarify that a claim in which funds were withheld pending a fiduciary appointment is a claim pending at the time of death and may be paid as accrued benefits. The updated section is M21-1, Part XI, Subpart ii, Chapter 3, […]

elder law resources - ABLE Accounts

On May 4, 2023, the Department of Community Health announced the new state-wide average nursing facility private pay rate increased from $9,034.00 to $9,584.00. This rate is the divisor when calculating the length of a transfer penalty when resources or income are transferred for less than fair market value.

elder law resources - ABLE Accounts

When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner) on checking, savings and other acounts. Should those resource be taken out of the name of the Institutionalized Spouse? The answer is generally “yes,” but it requires some context and some qualifications. The context and […]

elder law resources - ABLE Accounts

In the Matter of the Medical Assistance Pooled Special Needs Trust of Scott Hewitt (Iowa 2023), the State Medicaid agency had a contigent interest in the trust remainder due to the payback requirement in 42 U.S.C. § 1396p(d)(4)(C). However, after the beneficiary died, the master trust informed the Department that it would retain the remainder, […]

elder law resources - ABLE Accounts

IRS Notice 2023-30 set forth the safe harbor language for extinguishment and boundary line adjustment clauses required by y § 605(d)(1) of the SECURE 2.0 Act of 2022 (SECURE 2.0 Act). It addresses only amendments to extinguishment and boundary line adjustment clauses in accordance with § 605(d) of the SECURE 2.0 Act. This safe harbor […]

elder law resources - ABLE Accounts

David E. Hultstrom, President of Financial Architects, recently explained why past-performance is not a great way to evaluate financial advisors. Essentially, no one has a working crystal ball. Hultstrom wrote the following in the May, 2023 edition of Financial Foundations. Why would I leave out past performance in selecting an advisor, or current performance for […]

elder law resources - ABLE Accounts

Gregory Hall created a trust for his children. He also made gifts to his children prior to his death, including a $500,000 house to his son, Kenneth. Gregory’s trust provided that, following his death, the trust remainder would be divided equally among his three children. But Kenneth argued that the $500,000 should not be included […]

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