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    Archived pages: 7 . Archive date: 2014-10.

  • Title: Law Firm Network, Elder Law Attorney | Elder Law Network
    Descriptive info: .. Simplifying the Terms.. of Elder Law.. Share:.. Call: (866) 476-7924.. Home.. Estate Planning.. Medicaid Planning.. Veterans Benefits.. Special Needs Planning.. Contact.. Find An Attorney.. Elder Law Network |.. Trying to navigate the legal requirements for.. estate planning.. , wills, and trusts can lead to stress and frustration.. That's why our law firm network,.. The Elder Law Network.. , was created to assist you with these matters.. If you or a loved one are facing the prospect of an extended long-term care stay, you should know the you do not have to go broke!.. Call us today to find out how we help our clients qualify for Medicaid, Veteran Benefits, and  ...   the requisite education, training, skills, and experience to properly and effectively assist you and your family during your time of need.. Call our law firm network today to find out how our elder law attorneys can help your family.. Areas of Practice:.. Medicaid Qualification.. Veteran's Benefits Qualification.. Guardianship/Conservatorship.. Tax Planning.. Contact our elder law attorney today to.. schedule an appointment.. for your initial consultation.. Read more about.. elder law network services.. that we provide as well as the legal terms associated with elder law.. Hours of Operation:.. Monday Friday 8:00 a.. m.. 5:00 p.. | Serving Clients Nationwide.. |.. Toll Free:.. (866) 476-7924.. Mailing Address:.. 603 Southwest Drive.. Jonesboro AR, 72401..

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  • Title: Estate Planning | Special Needs Trusts & Wills | Elder Law Network
    Descriptive info: Estate Planning | Trusts and Wills.. A well drafted and implemented estate plan promotes the orderly and harmonious transfer of family wealth, while ensuring the maximum protection of privacy and control.. Our estate planning team provides a typical well-implemented estate plan, which includes wills or trusts, a durable power of attorney for financial matters, a durable power of attorney for health care matters, as well as, an accompanying health care directive or living will.. The simplicity or complexity of any plan depends, of course, upon one's particular circumstances.. However, no plan should seem overly complex when implemented with the assistance of trusted and competent legal counsel and estate planning expert.. Call our estate planning attorneys today for more information.. Wills.. Wills are legal documents containing dispositive provisions which direct the distribution of one's property upon death.. Wills may also contain provisions regarding the care and custody of minor children and the naming of a personal representative (executor) to coordinate the administration of one's estate.. Wills may direct outright distributions of property to heirs or may provide for the establishment of a trust to hold and manage assets for heirs.. Power of Attorney.. A power of attorney nominates an individual to assume responsibility for one's affairs in the event of a subsequent incapacity.. The individual nominated to manage one's affairs and make health care decisions is called an attorney-in-fact.. The powers bestowed upon an attorney-in-fact can be effective immediately, or upon subsequent disability as evidenced by a sworn physician's statement.. Healthcare Directive (Living Will)- A health care directive or living will is simply a formal declaration, in writing, of one's wishes regarding the types of life saving initiatives one would or would not want to be undertaken in the event of an incapacity.. These wishes are to be recognized by all attending medical care providers and others making medical care decisions on one's behalf.. Revocable Trusts.. A revocable trust are estate planning tool most often touted as a means of managing assets in the event of incapacity, avoiding probate, maximizing available estate tax exemptions, and managing assets for the benefit of heirs.. Revocable trusts can be viewed as an extension of one's self or as a small business wholly owned by an individual or couple.. As the name implies, revocable trusts are fully revocable and thus can be altered, amended, or otherwise disbanded by the Grantor/Settlor (owner) at any time.. Revocable trusts can be funded with the assets of a single individual, or the joint assets of a husband and wife and can be utilized to manage many types of property including real property, vehicles, bank accounts, investment accounts, mineral and timber rights, and many more.. There are three important terms with which one contemplating the use of a trust should be familiar.. The term "Grantor" or "Settlor" is used to describe the creator of a trust.. The "Trustee" is charged with managing the property held in the trust.. A "Beneficiary" receives the benefits of the assets held in trust.. In a typical revocable trust scenario, an individual or a husband and wife are nominated as the initial trustee(s) and beneficiary(s).. A family member, surviving spouse, or corporate trustee (bank) often serves as successor trustee for the benefit of heirs and other beneficiaries.. A trust can be terminated upon the death of a named party or parties, or other stated event.. It is important to note that trusts are very flexible estate planning tools, the terms of which are often only  ...   trusts.. Charitable Remainder Trusts.. A charitable remainder trust lets you convert highly appreciated securities or real estate into income for life or a term of years without incurring capital gains tax when the asset is sold.. The appreciated asset is transferred into an irrevocable charitable remainder trust and is then sold by the trustee.. The proceeds are reinvested, and you and/or another designated beneficiary(ies) receive income for life or a specified term of years.. When the trust terminates, the remainder passes to a charity of the grantor's (creator) choice.. There are two types of charitable remainder trusts:.. 1.. Unitrust.. The income you receive is a set percentage of the value of the trust's assets, which is revalued each year.. 2.. Annuity trust.. Income payments are fixed and determined when the trust is set up.. The annuity trust is most attractive to individuals who wish to avoid market risk.. Charitable Lead Trusts.. A charitable lead trust is a "mirror image" of a charitable remainder trust.. A lead trust pays the income to charitable beneficiaries for a term of years or for the trust makers' lives, after which the remaining trust assets (principal plus any growth) pass to heirs or other non-charitable beneficiaries.. If you have substantial assets that you want to pass to your children or other heirs and you do not need the asset or the income from that asset now, you may consider a charitable lead trust which will create current charitable income tax deductions.. Charitable Lead Trusts can, like the remainder trust, be drafted as an annuity trust or a unitrust as described above.. Family Limited Partnerships (FLP's) and Family Limited Liability Companies (FLLC's).. FLP's and FLLC's are closely held businesses which are owned an managed by one or more family members.. These entities offer numerous benefits to the small business owner when planning for disability or transfer of business ownership interests by gift or devise.. FLP's and FLLC's can provide for the orderly transfer of management and ownership of a family business to successive generations and may offer significant advantages from a gift and estate tax perspective.. Beneficiary Deed.. A revocable deed to real property that only becomes operative (effective) upon the death of the Grantor or Grantors.. Guardianship/ Conservatorship.. Guardianship is the formalized, probate court administered process of appointing a fiduciary to oversee the care and custody, and possibly the finances, of an individual who has been declared incapacitated by the court.. Guardians remain subject to the jurisdiction of the probate court for the duration of the Guardianship and are required to file annual reports with the court.. A guardianship terminates when the ward regains capacity or upon death of the ward.. Conservatorship is the process for voluntary appointment of a fiduciary to manage the financial affairs of an individual who remains competent, but desires to relinquish the day-to-day management of financial matters.. As with a guardianship, the conservator remains subject to the jurisdiction of the probate court and must file annual reports.. Probate.. Probate is the formal process of gathering a decedent's assets, paying creditors, and disposition of remaining assets in accordance with a decedent's will or the laws of intestacy.. Although thoughts of probate often conjure up negative perceptions, probate can be and often is a useful tool, when necessary.. The probate process is set forth by state statute and is therefore subject to and administered by the probate court.. Call us at (866) 476-7924 to.. make an appointment.. to discuss your.. elder law.. issues..

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  • Title: Medicaid Planning | Medicaid Qualification | Elder Law Network
    Descriptive info: Elder law focuses on the legal needs of the elderly and encompasses a variety of legal tools and techniques to meet the long-term care, financial, and estate planning goals and objectives of the older client.. Utilizing a holistic planning approach, the elder law attorney handles general estate planning issues and counsels with clients about medicaid planning for possible incapacity and long-term care needs.. This includes subject matter such as wills and trusts, powers of attorney, healthcare directives, medicaid planning and guardianship/conservatorship.. Elder law attorneys can assist in assessing the type of long-term care and medicaid planning needs, locating the appropriate long-term care facility, coordinating private and public resources to finance the cost of care, and working to ensure the client's right to and receipt of quality care.. Medicaid (called "Medi-Cal" in.. California.. , "MassHealth" in.. Massachusetts.. , and "TennCare" in.. Tennessee.. ) is a joint federal-state program that provides health insurance coverage to low-income children, seniors, and people with disabilities.. In addition, it covers care in a nursing home for those who qualify.. In the absence of any other public program covering long-term care, Medicaid has become the default nursing home insurance of the middle class.. Lacking access to alternatives such as paying privately or being covered by a long-term care insurance policy, most people pay out of their own pockets for long-term care until they become eligible for Medicaid.. One of the greatest fears of older Americans is that they may end up in a nursing home.. This not only means a great loss of personal autonomy, but also a tremendous financial price.. Depending on location and level of care, nursing homes cost between $40,000 and $180,000 a year.. You need someone with the expertise in medicaid planning to assist you in assessing your needs and coming up with solutions.. Most people end up paying for nursing home care out of their savings until they run out.. Then they can qualify for Medicaid to pick up the cost.. The advantages of paying privately are that you are more likely to gain entrance to a better quality facility and doing so eliminates or postpones dealing with your state's welfare bureaucracy--an often demeaning and time-consuming process.. The disadvantage is that it's expensive.. Careful medicaid planning, whether in advance or in  ...   this is the most that a state may allow a community spouse to retain without a hearing or a court order.. The least that a state may allow a community spouse to retain is $23,184 (in 2013).. Example.. :.. If a couple has $100,000 in countable assets on the date the applicant enters a nursing home, he or she will be eligible for Medicaid once the couple's assets have been reduced to a combined figure of $52,000 -- $2,000 for the applicant and $50,000 for the community spouse.. Some states, however, are more generous toward the community spouse.. In these states, the community spouse may keep up to $115,920 (in 2013),.. regardless of whether or not this represents half the couple's assets.. For example, if the couple had $100,000 in countable assets on the "snapshot" date, the community spouse could keep the entire amount, instead of being limited to half.. All assets are counted against these limits unless the assets fall within the short list of "noncountable" assets.. These include the following:.. Personal possessions, such as clothing, furniture, and jewelry.. One motor vehicle, regardless of value, as long as it is used for transportation of the applicant or a household member.. The value of an additional automobile may be excluded if needed for health or self-support reasons (check your state's rules).. The applicant's principal residence, provided it is in the same state in which the individual is applying for coverage.. In some states, the home will not be considered a countable asset for Medicaid eligibility purposes as long as the nursing home resident.. intends.. to return home; in other states, the nursing home resident must prove a.. likelihood.. of returning home.. Under the Deficit Reduction Act of 2005 (DRA), principal residences may be deemed noncountable only to the extent their equity is less than $536,000, with the states having the option of raising this limit to $802,000 (in 2013).. In all states and under the DRA, the house may be kept with no equity limit if the Medicaid applicant's spouse or another dependent relative lives there.. Prepaid funeral plans and a small amount of life insurance.. Assets that are considered "inaccessible" for one reason or another.. Call the Elder Law Firm today to learn more about our medicaid planning services..

    Original link path: /medicaid-planning.html
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  • Title: Veteran's Benefits, Veteran's Attorney | Elder Law Network
    Descriptive info: Veteran's Benefits | A Veteran's Attorney.. Veterans Aid and Attendance Benefit: LTC Benefits for Veterans.. The Aid and Attendance (A A) Pension provides veteran's benefits for veterans and surviving spouses who require the regular attendance of another person to assist in eating, bathing, dressing and undressing or taking care of the needs of nature.. It also includes individuals who are blind or a patient in a nursing home because of mental or physical incapacity.. Assisted care in an assisting living facility also qualifies.. To qualify for A A it needs to be established by your physician that you require daily assistance by others to dress, undress, bathing, cooking, eating, taking on or off of prosthetics, leave home etc.. You DO NOT have to require assistance with all of these.. There simply needs to be adequate medical evidence that you cannot function completely on your own to receive the veteran's benefits.. The A A Pension can provide up to $1,704 per month to a veteran, $1,094 per month to a surviving spouse, or $2,020 per month to a couple*.. A Veteran filing with a Sick Spouse is eligible for up to $1,338 per month*.. Many families overlook the A A Pension as it pertains  ...   Medical Evaluation from a physician, current medical issues, net worth limitations, and net income, along with out-of-pocket Medical Expenses.. Call us today to learn more about veteran benefits and if you qualify.. A DD-214 is issued to military members upon separation from active service.. DD-214s were issued to separated service members beginning in the 1950's.. The term "DD-214" is often used generically to mean "separation papers" or "discharge papers", no matter what form number was used to document active duty military service.. If the VA has a copy of a DD-214, it is usually because the veteran attached a copy (or sometimes, the original) to his or her application for disability or education benefits.. If you've lost your original DD-214 or a copy and you are receiving (or applied for in the past) disability or education benefits from the VA, they may have a copy (or the original, if you gave it to them) on file.. At the very least, if you are currently receiving benefits (or did in the past), they should be able to provide a Statement of Service, which can be used instead of a "DD-214".. Contact one of our veteran's attorneys for needed assistance with your Veteran's Benefits claims..

    Original link path: /veterans-benefits.html
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  • Title: Special Needs Planning | Elder Law Network
    Descriptive info: Americans are living longer than they did in years past, including those with disabilities.. Special Needs Planning by parents can make all the difference in the life of a child with a disability, as well as that of his or her siblings who may be left with the responsibility for caretaking (on top of their own careers and caring for their own families).. Supplemental needs trusts (also known as "special needs" trusts) are an important component of special needs planning for a disabled child (even though the child may be an adult by the time the trust is created or funded).. These trusts allow a disabled beneficiary to receive inheritances, gifts, lawsuit settlements,  ...   considered to belong to the beneficiary in determining her eligibility for public benefits.. As their name implies, supplemental needs trusts are designed not to provide basic support, but instead to pay for comforts and luxuries that could not be paid for by public assistance funds.. These trusts typically pay for things like education, recreation, counseling, and medical attention beyond the simple necessities of life.. The attorneys of the.. ElderLaw Network.. are knowledgeable of social benefits available to special needs individuals and experienced in the crafting of trust and other special needs planning initiatives for the benefit of special needs individuals.. Contact one of our attorneys for needed assistance with your Special Needs Planning..

    Original link path: /special-needs-planning.html
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  • Title: Contact | Elder Law Network
    Descriptive info: Contact Us.. Choosing the right law firm for your elder law needs is easy when you turn to the attorneys of the Elder Law Network.. We are honored to be your choice for excellent service.. To schedule an appointment, complete the form below with your name, contact information, and appointment date request.. A confirmation will appear after you click "Submit.. " A representative of our company will then contact you to confirm your appointment.. We look forward to working with you!.. Contact us to learn more about the legal services available from our.. law firm network..

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  • Title: Law Firm Network, Elder Law Attorney | Elder Law Network
    Descriptive info: Arkansas:.. Chad R.. Oldham, Esq.. coldham@oldhamlawfirm.. com.. Oldham Law Firm, PLLC.. 603 Southwest Drive.. Jonesboro, AR 72401.. (T): 870.. 930.. 9919.. (F): 870.. 9921.. www.. oldhamlawfirm.. Florida:.. THE LAW OFFICES OF.. JOHN A.. WILLIAMS, PLLC.. 17888 U.. S.. Hwy 41.. Lutz, Florida.. 33549.. (813) 280-0789.. johnawilliamslaw..

    Original link path: /find-an-attorney.html
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    Archived pages: 7