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Brian A. Raphan, Esq.
Oct 2, 20143 min read
Three Reasons Why Joint Accounts May Be a Poor Estate Plan
Many people, especially seniors, see joint ownership of investment and bank accounts as a cheap and easy way to avoid probate since joint...
Brian A. Raphan, Esq.
Oct 2, 20142 min read
How Gifts Can Affect Medicaid Eligibility
We’ve all heard that it’s better to give than to receive, but if you think you might someday want to apply for Medicaid long-term care...
Brian A. Raphan, Esq.
Sep 17, 20144 min read
Can you sue for Bedsores or Pressure Sores?
2/22/2018 Law Firm added Free Booklet Bedsores should not happen while in a nursing home or hospital. Often they are due to neglect and...
Brian A. Raphan, Esq.
Sep 11, 20143 min read
Tips: How to Track Down a Life Insurance Policy
Use these strategies if a loved one dies and you’re not sure whether he or she had a policy–from a Q&A of Kim Lankford of Kiplinger.com...
Brian A. Raphan, Esq.
Sep 3, 20142 min read
State Can Recover From Entire Value of Property in Which Medicaid Recipient Had Life Estate
The Idaho Supreme Court rules that the state may recover Medicaid benefits from the entire value of a property that a Medicaid recipient...
Brian A. Raphan, Esq.
Aug 30, 20142 min read
Why Irrevocable Trusts vs outright Gifting
People often wonder about the value of using irrevocable trusts in Medicaid planning. Certainly gifting of assets can be done outright,...
Brian A. Raphan, Esq.
Aug 13, 20141 min read
New: Visiting Lawyer Services for Elder New Yorkers
Why should the elderly that aren’t as mobile as they used to be, or live in an assisted living facility or are even at home wheelchair...
Brian A. Raphan, Esq.
Aug 5, 20142 min read
Heir tight: The dos and don’ts of creating rock-solid trusts
Good article via Jennifer Woods at Imagine working for decades so that one day you could pass your assets on to your children or...
Brian A. Raphan, Esq.
Jul 18, 20141 min read
Free Download: 2014 Benefits Guide for Seniors: NYC
Free download. NYC Department of Aging resources. Free benefits guide for senior citizens. For 2014, this guide from NYY.gov is a...
Brian A. Raphan, Esq.
Jul 16, 20143 min read
Some FAQ’s about Health Care Proxys
As an Elder Law attorney for over 25 years I have recently been getting more and more questions about Health Care Proxys. Below are...
Brian A. Raphan, Esq.
Jul 15, 20142 min read
Court Ruling: Transfers Made Years Before Needing Care Were Not Made in Order to Qualify for Medicai
Doing Medicaid Planning for clients, I often get asked the question: “How does medicaid determine if my gifts were made to qualify for...
Brian A. Raphan, Esq.
Jul 8, 20142 min read
Heir Liable for Reimbursement of Mother’s Medicaid Expenses
Medi-Cal (Medicaid) recipient Merver Mays died, leaving her house as her only asset. Ms. Mays’ daughter, Betty Bedford, petitioned the...
Brian A. Raphan, Esq.
Jun 19, 20142 min read
Make Sure Your Life Insurance Is Not Taxed at Your Death
Make Sure Your Life Insurance Is Not Taxed at Your Death [via Elder Law Answers] Although your life insurance policy may pass to your...
Brian A. Raphan, Esq.
Jun 11, 20142 min read
Judge: Casey Kasem’s daughter in charge of care
The Associated Press PORT ORCHARD, Wash. (AP) — A Washington state judge on Friday said Casey Kasem’s daughter, not her stepmother, is in...
Brian A. Raphan, Esq.
May 16, 20141 min read
Using a No-Contest Clause to Prevent Heirs from Challenging a Will or Trust
If you are worried that disappointed heirs could contest your will or trust after you die, one option is to include a “no-contest clause”...
Brian A. Raphan, Esq.
Apr 4, 20143 min read
The New New York Estate Tax Beware A 164% Marginal Rate
Some timely tax news from Forbes staff writer Ashlea Ebeling: It’s no April Fool’s joke. New York state doubled its estate tax exemption...
Brian A. Raphan, Esq.
Feb 26, 20143 min read
The 10 Most Overlooked Tax Deductions for Care Givers
Thanks to AgingCare.com & Lori Johnston for contributing these often forgotten tips: Before filing your taxes, don’t miss out on...
Brian A. Raphan, Esq.
Feb 19, 20143 min read
How to sell an inherited home:
Get good advice before putting mom and dad’s house on the market. Amy Hoak, MarketWatch. Selling an inherited house isn’t easy. There’s...
Brian A. Raphan, Esq.
Jan 27, 20142 min read
Senate Looks at Doctor-Dropping by Medicare Advantage Plans:
What to do when Medicare Advantage insurers drop large numbers of doctors from their plans? Raymond H. Welch, a dermatologist in Rhode...
Brian A. Raphan, Esq.
Jan 21, 20143 min read
9 (Potential) Problems with Your Trust:
All trusts should be reviewed every few years to make sure that they are up-to-date with the law and meet your goals today. Following is...
Important news for seniors and their families
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