Everyone has heard the terms “will” and “trust,” but not everyone knows the differences between the two. Both are useful estate planning devices that serve different purposes, and both can work together to create a complete estate plan. One main difference between a will and a trust is that a wil...

Ideally, when a second marriage joins two families together, it should be a joyous occasion that creates one bigger family unit. Unfortunately, it too often also creates inheritance fights between stepparents and children. A good estate plan is necessary to help avoid these types of family squabb...

A durable power of attorney and a health care proxy are two very important estate planning documents. Both allow other people to make decisions for you in the event you are incapacitated. Because the individuals chosen will have to coordinate your care, it is important to pick two people who will...

When leaving a home to your children, you can avoid probate by using either joint ownership or a revocable trust, but which is the better method?  If you add your child as a joint tenant on your house, you will each have an equal ownership interest in the property. If one joint tenant dies, his o...

This is the last year that spouses who are turning full retirement age can choose whether to take spousal benefits or to take benefits on their own record. The strategy, used by some couples to maximize their benefits, will not be available to people turning full retirement age after 2019.  The c...

Having a loved one with dementia can be scary, but if you add in a firearm, it can also get dangerous.  To prevent harm to both the individual with dementia and others, it is important to plan ahead for how to deal with any weapons.  Research shows that 45 percent of all adults aged 65 years or o...

We've all heard the advice “It pays to shop around,” but this has never been more true than with the current market for long-term care insurance.  According to the latest industry figures, the spread between the lowest and highest cost for virtually identical coverage was as high as 243 percent. ...

Traditionally, Medicaid has paid for long-term care in a nursing home, but because most individuals would rather be cared for at home and home care is cheaper, all 50 states now have Medicaid programs that offer at least some home care. In some states, even family members can get paid for providi...

The Centers for Medicare & Medicaid Services (CMS) has released the 2019 federal guidelines for how much money the spouses of institutionalized Medicaid recipients may keep, as well as related Medicaid figures. In 2019, the spouse of a Medicaid recipient living in a nursing home (called the “comm...

Technological advances have made it easier to stay connected with loved ones all the time. This has included the ability to install cameras in a loved one's nursing home room. These so-called “granny cams” have legal and privacy implications.  The benefit of putting a surveillance camera in a nur...

Many veterans are familiar with the Veterans Compensation program, but relatively few have heard of the Department of Veterans Affairs (VA) pension. Despite what its name implies, virtually all veterans who served during a period of war meet the program's basic eligibility requirements.[1] It is ...

Elder Law is an area of legal practice that is defined more by the type of client it serves than the more traditional fields of practice. The types of legal issues that are the focus of Elder Law attorneys' practice include: Estate Planning: Planning that is tailored to the specific situation, ne...

The ABLE (“Achieving a Better Life Experience”) Act is a federal law that allows states to establish a savings program for persons with disabilities.  The program is modeled after the 529 savings accounts.  ABLE accounts may be used to accumulate savings, with certain restrictions, for use by a b...

According to the Genworth Cost of Care Survey of 2015 (“Genworth Survey”), seventy percent (70%) of Americans over the age of sixty-five (65) will eventually need some type of long-term care.  In addition, by the year 2040, twenty-two percent (22%) of the population will be over the age of sixty-...

What happens if you die without a will? If one dies without expressing their wishes for the distribution of their assets the distribution is controlled by the law of intestacy. In other words, the law has determined how the assets will be distributed. Very rarely does this result in the sam...

Having a well-drafted, comprehensive, Durable Financial Power of Attorney (FPOA) in place is an essential element of basic estate and long-term care planning. Not only does the FPOA empower your agent to manage your affairs during a period of incapacity, it permits them to engage in a wide variet...

In addition to a will or revocable living trust, what else is included in a standard estate plan. Every estate plan will include a will, often with testamentary trust provisions. Depending on the circumstances and client goals, a plan may include revocable and/or irrevocable trusts as well....

I have heard that a living trust is better than a will – is that true? Not necessarily. Estate planning is very individualized: what is best for one person or family may not be right for others. Many families are better off with a plan based on testamentary disposition based on wills. Trust...

How much does a typical nursing home cost per year in Maryland? According to a 2015 Genworth study, the Maryland average for a semi-private room IS $101,000 per year. A private room was more than $110,000. These rates are expected to increase 5-6% per year. There are ways to protect yoursel...

Does Medicare pay for nursing home care? Medicare does not pay for long-term nursing home care. There are basically three options to finance the cost of long-term care: long-term care insurance, self-pay, or Medicaid/Veteran's Administration benefits. Elder law attorneys are prepared to rev...

Can you accommodate out of the office appointments? Yes. Our client consultation calendar has timeslots built in for appointments other than in the office, including in the home, hospital or nursing home. We generally accept such appointments throughout the Baltimore-Washington metropolitan...