How “Special” or “Supplemental” Needs Trusts Impact Medicaid and SSI Eligibility
A “special needs trust” (or often referred to as a “supplemental” needs trust) is a trust used for people who have a disability that will allow them to qualify for public assistance benefits such a…
Can Creditors Reach “Inherited IRA” Accounts?
The short answer is: Yes! In the case of Clark v. Rameker, decided on June 12, 1014, the question before the U.S. Supreme Court was whether an individual retirement account (“IRA”) that an adult …
Advanced Health Care Directives: Overlooked but Important Estate Planning Documents
“Advanced health care directive” is a commonly used term for a living will (a form of advance directive, leaving instructions for treatment) and a health care proxy (a specific type of power of at…
New Trust Court for Probate Division
Starting in January of 2014, the New Hampshire Circuit Court instituted a trust docket in the Probate Division. The trust docket allows the court system to recognize complicated trust cases where …
If You or a Loved One has Dementia, it May Not be Too Late to Sign a Will!
Family members or friends often discourage those with dementia from seeking legal advice because they feel that the person is not capable of doing planning or executing documents. In many instances…
New Year’s Resolutions You Can Keep
As we enter the New Year, the tradition is to make resolutions. Many of us will try to eat better, exercise more, and try to do all the things we have put off for too long. Many of us will fail a…
Setting up a Special Needs Trust for your Disabled Child.
Advance planning by parents can make a big difference in the life of the child with special needs, as well as for siblings who may be left with caretaking responsibilities.
A critical aspect of the…
Inheriting an Individual Retirement Account
Many decisions need to be made when inheriting an Individual Retirement Account (IRA), including the time frames for making these decisions and the related income tax issues. The following is a li…
How do I Avoid a Will from Being Contested?
A will is one of the most important estate planning documents that trust and estate attorneys prepare for their clients. A will is more apt to be the subject of litigation than any other l…
Do I need an estate plan? What if someone dies without a will?
“Dying intestate” means a person dies without a valid and operative will. All 50 states have enacted laws that determine where your property will go should you die intestate. If you fail to pla…
