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Brian A. Raphan, Esq.
May 1, 20181 min read
Medicaid Applicants & Home Care: Centers for Medicare and Medicaid Services Clarifies Penalty Pe
The Centers for Medicare and Medicaid Services (CMS) has clarified when a transfer penalty begins for Medicaid applicants who are seeking...
Brian A. Raphan, Esq.
Feb 21, 20182 min read
Stepmothers and Estate Planning: Who inherits?
Via Quentin Fottrell Dear Moneyologist, My dad passed away five years ago. He did leave a will on how he wanted his estate to be...
Brian A. Raphan, Esq.
Feb 14, 20183 min read
Ooops! Did you choose the wrong executor?
You finally got around to making your Will. You deserve a sigh of relief. But did you choose the right executor? Or have you burdened an...
Brian A. Raphan, Esq.
Dec 12, 20174 min read
10 Really Good Year-End Tax Tips
Via By Maryalene LaPonsie, Contributor With the end of the year looming, the window is quickly closing for taxpayers who want to minimize...
Brian A. Raphan, Esq.
Sep 6, 20172 min read
Be Aware of the Kiddie Tax Before Leaving an IRA to Children
Grandparents may be tempted to leave an IRA to a grandchild because children have a low tax rate, but the “kiddie tax” could make doing...
Brian A. Raphan, Esq.
Aug 31, 20172 min read
State Properly Valued Sale of Medicaid Applicant’s Life Estate…
An Ohio appeals court rules that the state correctly valued the sale of a Medicaid applicant’s life estate using the specific state...
Brian A. Raphan, Esq.
Mar 16, 20173 min read
5 Great Tax Deductions and Credits for Retirees
Via Tina Orem, Nerdwallet They say that with age comes wisdom. But with age also come a few tax perks. Once your birthday cake has 50...
Brian A. Raphan, Esq.
Feb 9, 20173 min read
Top 10 Elder Law decisions of 2016
Below, in chronological order, is ElderLawAnswers’ annual roundup of the top 10 elder law decisions for the year just ended, as measured...
Brian A. Raphan, Esq.
Jan 11, 20173 min read
Is It Better to Remarry or Just Live Together?
Finding love later in life may be unexpected and exciting, but should it lead to marriage? The considerations are much different for an...
Brian A. Raphan, Esq.
Oct 18, 20163 min read
What Is a Life Estate?
The phrase “life estate” often comes up in discussions of estate and Medicaid planning, but what exactly does it mean? A life estate is a...
Brian A. Raphan, Esq.
Aug 27, 20164 min read
No will or estate plan? Big problem for you and your heirs
Estate planning isn’t just for the wealthy. Financial advisors say that most Americans can benefit from it. Read on and see how you can...
Brian A. Raphan, Esq.
Jun 21, 20164 min read
The Money Letter That Every Parent Should Write
As an elder law attorney I come across many clients that are looking to pass their wealth to their children–but how about passing on some...
Brian A. Raphan, Esq.
May 10, 20162 min read
Testamentary Trust & MEDICAID…
Testamentary Trust Qualifies As SNT Despite Support Language The Supreme Court of Connecticut rules that the state Department of Social...
Brian A. Raphan, Esq.
Apr 12, 20164 min read
When Is A Guardian Required for an Adult?
Guardianships are set up to protect and help people in need, such as an elder or loved one unable to care for their own financial or...
Brian A. Raphan, Esq.
Mar 23, 20162 min read
Should My Parents Give Me Their Home?
Many parents wonder if it is a good idea to give their home to their children. The children may be the first to say 'yes!' While it is...
Brian A. Raphan, Esq.
Mar 19, 20161 min read
Free Downloads: Easy to read elder guides for families and seniors.
Probate, Estate Planning, Healthcare Proxies, Medicaid Planning, etc. Get informed and find many of the answers to your existing...
Brian A. Raphan, Esq.
Mar 10, 20163 min read
8 Things Seniors Should Remember at Tax Time
April 15th is approaching and it is time to begin crossing T’s and dotting I’s in preparation for paying taxes. As tax time draws near,...
Brian A. Raphan, Esq.
Feb 2, 20161 min read
Medicaid Applicant’s Irrevocable Trust Is an Available Resource Because Trustee Can Make Distr
An Alabama appeals court rules that a Medicaid applicant’s special needs trust is an available resource because the trustee had...
Brian A. Raphan, Esq.
Nov 4, 20152 min read
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal M
An Attorney Who Advised Against Life Estate While Conducting Medicaid Planning Is Liable for Legal Malpractice A Massachusetts appeals...
Brian A. Raphan, Esq.
Oct 22, 20151 min read
Estate Exclusion to Rise to $5.45M in 2016
The IRS has announced that the basic estate tax exclusion amount for the estates of decedents dying during calendar year 2016 will be...
Important news for seniors and their families
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