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Brian A. Raphan, Esq.
Mar 27, 20182 min read
What’s the Difference Between Medicare and Medicaid in the Context of Long-Term Care?
Although their names are confusingly alike, Medicaid and Medicare are quite different programs. Both of these programs provide health...
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.
Sep 26, 20172 min read
Visiting Lawyer Services is extremely helpful for those who need a lawyer but can not leave home.
Visiting Lawyer Services is extremely helpful for those who need a lawyer but can not leave home. As an elder law firm we take pride...
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.
May 19, 20172 min read
Medicaid Benefits – House Transfer: Deed Does Not Conflict
Reservation of Power of Appointment in Deed Does Not Conflict With Conveyance of Property to Children A Massachusetts appeals court rules...
Brian A. Raphan, Esq.
Mar 7, 20173 min read
Steps to Prevent a Contested Will
Emotions can run high at the death of a family member. If a family member is unhappy with the amount they received (or didn’t receive)...
Brian A. Raphan, Esq.
Aug 23, 20161 min read
NY Court Rules that Community Spouse’s Refusal to Contribute to Care Creates Implied Contract to Rep
http://www.raphanlaw.com A New York trial court enters judgment against a woman who refused to contribute to her spouse’s nursing home...
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.
May 4, 20162 min read
Payments to Caregiver Subject Medicaid Applicant to Penalty Period
Reversing a lower court, a Michigan appeals court rules that under state regulations a Medicaid applicant’s payments to a non-relative...
Brian A. Raphan, Esq.
Apr 27, 20163 min read
Did rockstar Prince die without a Will?
Who will get his millions? This article in USA Today states; Prince left no will, according to documents filed Tuesday by his sister,...
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.
Feb 4, 20163 min read
Protecting Your House from Medicaid Estate Recovery
After a Medicaid recipient dies, the state must attempt to recoup from his or her estate whatever benefits it paid for the recipient’s...
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.
Dec 26, 20151 min read
It’s Official: 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...
Brian A. Raphan, Esq.
Dec 5, 20154 min read
Choosing a trustee and an executor
The requirements for a trustee and how to choose one How do you choose a trustee? What qualities should a trustee have? Alisa Shin and...
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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