Scott Counsel, P.C.

Wills usually don't expire. However, they can be revoked when the person who made them is declared legally incompetent or writes a new Will instead.

During the probate process, the court will make decisions about who receives what property in the decedent's estate. They can also determine whether the Will is valid.

If you don't have a Will upon death, the probate court will be responsible for deciding what to do with your assets.

The executor of a Will is responsible for administering and distributing the estate as directed in the Will. The executor may be appointed by the testator or by a court order.

A Power of Attorney is a document that allows you to give someone else legal authority over your affairs. It can be used for different reasons, including paying bills and medical expenses and managing financial assets.

It's best to write your Will when you are in good health and already have a significant number of assets that you want to pass on.

Elder law attorneys can assist you in making sure that your assets are protected. They also help senior citizens protect their rights and ensure that they receive proper care.

Medicaid planning is the process of determining what services are covered by Medicaid and how much it will cost to provide those services. It also includes deciding who must pay for them.

In a Long Term Care Plan, you can choose to pay for services that are necessary to help you live at home. In some cases, the plan may also cover nursing homes or other long-term care facilities.

In New Jersey, your Will is valid if the Will was signed by you with witnesses present, the Will is dated and signed by two witnesses, and you have not been under undue influence or duress when signing the Will.

Yes, Medicaid checks bank accounts, as you are required to provide checking and saving accounts on your Medicaid application.

All property assets of married couples are considered by Medicaid to be joint assets.

Gifts or assets that have been transferred within 60 months of the application date for Medicard benefits are subject to penalties.

Spousal impoverishment rules are federal Medicaid regulations that are intended to prevent non-applicant spouses from becoming poverty-stricken in order for their applicant spouses to qualify for long-term care Medicaid

There are three ways to avoid probate -- write a living trust, name beneficiaries on your retirement and bank accounts, and hold property jointly.

Although the next of kin is not technically held responsible for the death of a deceased individual, they may lose the assets of the deceased's estate if the debt can't be repaid.

The deceased person's estate is responsible for paying any unpaid debts.

Debt can be forgiven if the estate has little to no assets to cover it.

Probate is a legal process that transfers a person's property after they die. This process also makes sure that the person's debts and taxes are paid and any expenses involved in the funeral are paid. During the probate process, all of the person's property goes into their estate.

An elder law attorney can help with planning your income, assets, health, support, shelter, and more, making sure you and your family get the best for your needs.

A conservatorship lasts until the death of the protected person, if the protected person no longer needs a conservator, or if the court orders the termination of the legal relationship.

Conservatorship is a legal relationship that allows people to create decisions for an incapacitated individual like an elderly client. A conservator should always decide according to the best interests of the aging conservatee.

Disability planning is especially important for elderly clients. It ensures that they’re still well taken care of even if they become incapable of making medical and financial decisions for themselves.

An elder law attorney that also specializes in estate planning is the best person to help manage the client’s assets after they pass. Talk to an elder law attorney today to learn more about the different ways to protect your assets.

Clients are often advised to update their will every time they have a major life event. They can do this by creating a codicil, writing a new will, or making a personal property memorandum.

A will becomes valid if it meets three conditions – the person making it should be over 18 years old with a sound mind, the will is written and signed by the testator with two witnesses, and the will is notarized.

Conditions like divorce, marriage, or changing the inheritor’s religion shouldn’t be listed as provisions in a will. Courts usually don’t enforce these conditions.

A single individual who’s over the age of 65 should have a monthly income of less than $2382 to qualify for Medicaid. Consult with an elder law attorney today to learn more about Medicaid and the client’s eligibility.

The Power of Attorney (POA) allows the client to assign another adult to manage their medical and financial affairs. It’s important to set up a durable POA even before the elderly client becomes incapacitated to create decisions.

Aging clients may find certified elder law attorneys near them by searching the National Elder Law Foundation (NELF) and the National Academy of Elder Law Attorneys (NAELA).

About 40% of elderly residents in nursing homes have reported abuse. Elder abuse is considered a crime, but it may also be used for filing a lawsuit against elderly nursing facilities. Consulting an elder law attorney helps relatives learn more about their legal options.

It’s possible to include Medicaid planning into the estate plan with the help of an elder law attorney. These lawyers might even help ensure that an elder person is eligible for Medicaid without losing some of their assets.

Elder law attorneys cover a wide range of legal issues, which is why it’s difficult to estimate the exact costs of hiring one. Most clients pay about $500 for a consultation, but other firms offer free initial consultations.

Elder law attorneys are more focused on their clients instead of the type of law, which is why they usually handle a wide range of legal matters like health insurance issues and Medicaid planning, nursing home abuse, retirement planning, estate planning, guardianship, and more.

Elder law attorneys also help with the legal aspects of their client’s medical concerns. They guide elder people by setting up directives, checking the eligibility for Medicaid, and receiving a medical power of attorney.

Estate planning is one of the major areas of elder law. Elder law attorneys help clients decide who receives the property after they die. They also help clients avoid probate and minimize estate taxes.

Elder law attorneys are extremely helpful in addressing different issues that come with old age, including financial and medical concerns. There isn’t a right or wrong age, but it’s better to start planning once you reach 60.

Elder law is about different legal issues that affect senior citizens, such as disability and special needs, long-term care, estate planning, conservatorship, and elder abuse. Most attorneys specializing in elder law aren’t well-versed in each and every aspect of the elder law, which is why it’s important to consult the right type of elder law attorney for each legal issue.

Elder law attorneys take care of different legal issues that senior citizens face, which is why it’s important to hire the best one for your case. Make sure to check the lawyer’s experience, credentials, and customer service when looking for an elder law attorney who can help you out.

Family law is about the regulation of familial relationships, including marriage, treatment of children, related economic matters, and divorce. While some of its aspects overlap with elder law, the latter focuses more on the legal aspects of the financial, medical, estate, and guardianship concerns of elderly clients.

The length of time necessary to process a Medicaid application may vary. It is dependent on the quality of the financial information being submitted. An application is often approved within 2 to 3 months.

The most important documents for a Medicaid application are birth certificate and the application form. A marriage certificate is required if the applicant is or has been married. In addition, five years of complete and detailed financial records are required.

No. Medicaid exempts your primary residence during its financial assessment procedure so long as you provide the necessary documentation.

Yes, in most states like New Jersey, the asset limit is as low as $2,000 for an individual and $3,000 for a couple.

In 2021, you can give up to $15,000 to someone in a year. If you give more than $15,000 in cash or assets in a year to any one person, you need to file a gift tax return.

Capital gains tax can be avoided by living in the property for at least two years before selling it. Inherited property does not face the same taxes as gifted property.

No, inheritances are not considered income for federal tax purposes, whether you inherit cash, investments or property. However, any subsequent earnings on the inherited assets are taxable.

The four main types of wills are simple, testamentary trust, joint, and living. Other types of wills include holographic wills, which are handwritten, and oral wills which may not be valid in your state depending where you live.

Yes, the difference is that Elder Law planning seeks to preserve your income and assets for use while you are alive. Estate planning is primarily concerned with implementing your wishes and distributing your assets in the most efficient and tax advantaged way after your death.

There are four main elements of an estate plan; these include a will, a living will and healthcare power of attorney, a financial power of attorney, and a trust.

Special Needs Trusts can also pay for home and vehicle maintenance along with a variety of other items like a vacation, a computer, electronic equipment, educational expenses, and ongoing monthly bills such as phone, cable, and internet services.

A special needs trust restricts the beneficiary's own direct access to the assets in the trust to such an extent that the assets are not considered legally available to the beneficiary.

Yes, it is possible to resign and have a successor. However, some Trust documents are silent, which means in some cases that a court may need to appoint a successor Trustee.

Unfortunately, Medicaid uses a five-year “look-back” period when evaluating applications. This allows Medicaid to review your finances for the five-year period leading up to your application. Any asset transfers made during that time period for less than fair market value may trigger an eligibility waiting period.

The amount varies from state to state, with most states using the $2,000 asset limit. Virginia follows the $2,000 asset limit.

If probate is needed to close a deceased person's bank account, then the bank won't release the money until they have the Grant of Probate.

If someone dies without a will, the money in his or her bank account will still pass to the named beneficiary or POD for the account.

When an estate doesn't have any assets—or when the estate's assets are positioned to transfer to beneficiaries outside of probate—then probate may not be necessary.

Estate planning is typically directed by an estate planning attorney rather than a financial planner. A financial planner works with her client to make decisions about present assets for greater financial freedom and meet personal/business financial goals.

Yes, including estate planning is an essential part of your personal financing plan. You should start your estate planning starting with a will and going from there.

The choice of trustee depends upon the circumstances of the disabled beneficiary, including factors such as his age, disability, the source and amount of monies funding the trust and the availability of family supports.

Yes, they're two seperate individuals which requires their own special needs trust. No one’s needs, not even twins, are absolutely identical.

A Will with an Asset Protection Trust protects assets for a surviving spouse or any beneficiary. The Asset Protection Trust shields assets from unnecessary depletion.

No, VA benefits do not directly pay for assisted living. They also do not offer its own assisted livingresidences, however there are several ways veterans can receive assistance from the VA to pay for assisted living.

Elder Law attorneys are uniquely focused on Medicaid and Long-Term Care planning, Special and Supplemental Needs Trusts, Estate Planning for disabled family members and Advance Directives.

Yes. When you create a trust you must then transfer assets to the trustee. The will would stipulate that all assets should pass through the trust.

In most countries, someone is considered a senior by the age of 65. Although many people would not consider someone a senior until they're at least over the age of 70.

Medicare pays for a limited amount of the costs when in short term rehab or the cost of a home health aide for a limited period of time. When these benefits expire, you will need to pay privately or seek other alternatives, such as Medicaid.

No, typically your insurance doesn't pay for in-home caregivers for personal care or housekeeping. They may pay for short-term caregivers if you also need medical care to recover from surgery, an illness, or an injury.

Yes, long-term care can be provided in many different settings. Home health care, assisted living facilities, and continuing care retirment facilities are among the options of a long-term care.

There is a branch of law called elder law, in which attorneys specialize in helping elderly clients with their legal concerns, such as healthcare, housing, wills, and more.

While a nursing home can't require the family members to be liable for the nursing home bill of their elderly parents, there are certain cases where the children might have to pay the bill.

Some questions you should ask include: How long have you been in practice, does your practice emphasize elder law specifically, what percentage of your practice is dedicated to elder law?

Elderly veterans can be eligible for a number of US military benefits, including disability compensation, pension, health care, home loans, insurance, education and training, and more.

Individuals aged 65 years or older are eligible for premium-free Part A, and if they have paid Medicare taxes for at least a decade.

While a lawyer is not necessary to create a basic will, complex or unusual cases require the presence of a lawyer to ensure that everything is properly distributed.

Elder law attorney handle everything including health care, long-term care planning, guardianship, retirement, Social Security, Medicare and Medicaid, and more.

With a trusted elder law attorney, a senior citizen's financial situation and legal situation are in good hands. You can save thousands of dollars and avoid future legal issues with an elder law attorney by your side.

Fees will vary, with some elder lawyers offering free consultations, and other charging a fee that costs anywhere from $175 to $500.

Elder law attorneys work with senior, providing seniors a holistic legal assistance with issues they commonly face, such as issues related to health, financial well-being, long-term care, and housing.