Recent Blog Posts

Income Eligibility for Medicaid

Income Eligibility for Medicaid Medicaid programs offer assistance to needy persons who cannot afford to pay for their medical care. The federal and individual state governments jointly administer Medicaid. While federal statutes and regulations provide the template, each state establishes its own methodology for administering its Medicaid program. Among other things, Medicaid covers nursing home […]

Housing – Reverse Mortgages – HECM

Housing – Reverse Mortgages – HECM In an ordinary home equity loan, a homeowner borrows money against the equity in his or her home, making payments to reduce the loan balance after the funds are received. As payments are made, the principal balance of the loan decreases. A reverse mortgage allows a homeowner to access […]

Part A – Home Health Care and Confinement

Part A – Home Health Care and Confinement Medicare Part A will cover many of the costs associated with home health care if the care is both medically reasonable and necessary. If the patient is not entitled to Part A coverage, Part B may provide coverage. How Is Eligibility Determined? To be eligible for coverage, […]

Housing – Federal Public Housing Programs – § 231 Housing Mortgage Insurance For The Elderly

Housing – Federal Public Housing Programs – § 231 Housing Mortgage Insurance For The Elderly The § 231 program provides low-interest, fixed-rate mortgage loans to housing developers for either construction or rehabilitation of rental units occupied by the elderly or the handicapped. Through this program, lenders are insured against losses on mortgages given to build […]

Physician-Assisted Suicide

Physician-Assisted Suicide As terminal illnesses affect America’s aging population and technology levels increase, some states have enacted legislation either permitting or disallowing physician-assisted suicide.Those who oppose physician-assisted suicide argue that helping a patient commit suicide contravenes the physician’s core purpose of healing They also assert that although the right would initially only apply to terminally […]

Distribution Provisions

Distribution Provisions Spray ProvisionsA very common and valuable provision seen in most family trusts and invariably in dynasty trusts is the spray or sprinkle provision. Where there is more than one beneficiary, this provision allows the trustee to distribute (spray) the income and/or principal among the beneficiaries in varying proportions as the trustee feels appropriate, […]

Inheritance in Unusual Circumstances

Inheritance in Unusual Circumstances State statutes of descent and distribution are usually supplemented by other statutes or court rulings governing inheritance in unusual circumstances. This article discusses some of those unusual circumstances. A Posthumous Child A posthumous child is a child born after the death of its mother or father. Most states provide that a […]

When to Revoke a Power of Attorney for Finances

When to Revoke a Power of Attorney for Finances If you execute a power of attorney for finances document, you can revoke or cancel it at any time as long as you are mentally competent to do so. This means that you must understand the consequences of signing the revocation. You probably will not encounter […]

Constructive Trusts

Constructive Trusts Trusts are sometimes classified by the intent, if any, of the settlor to create a trust. This article discusses the kind of trust for which the settlor’s intent is irrelevant: the constructive trust. Defined When, to remedy an injustice, a trust is created by a court, the trust is known as a constructive […]

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