Podcasts about certified elder law attorney

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Best podcasts about certified elder law attorney

Latest podcast episodes about certified elder law attorney

Takacs McGinnis Elder Care Law Hour
Episode 260- Considerations for Moving Across State Lines

Takacs McGinnis Elder Care Law Hour

Play Episode Listen Later Feb 17, 2025 19:03


Should you move your loved one to another state? Maybe mom is in Florida, but all her family is in Tennessee? Should she move? The answer is often, it depends. Elder care coordinator Debra King speaks with Certified Elder Law Attorney and partner Barbara McGinnis.

Now You're Talking with Marshall Ramsey
Richard Courtney | Alzheimer's Conference

Now You're Talking with Marshall Ramsey

Play Episode Listen Later Feb 3, 2025 48:20


We like to discuss stories on this show, and today's topic may be a part of your story in some way as it is so many others. The Alzheimer's Foundation of America is bringing a free conference to Mississippi this will allow participants to learn from experts in the field of Alzheimer's disease, brain health, caregiving, and legal and long-term care planning- the latter of which is why Richard Courtney is in the building. Richard is a Certified Elder Law Attorney and the Principal of Courtney Elder Law Associates PLLC, and he's sitting down with us to discuss his own journey with the disease and why this event could help so many in our state.Marshall Ramsey, a nationally recognized, Emmy award winning editorial cartoonist, shares his cartoons and travels the state as Mississippi Today's Editor-At-Large. He's also host of a "Now You're Talking" on MPB Think Radio and "Conversations" on MPB TV, and is the author of several books. Marshall is a graduate of the University of Tennessee and a 2019 recipient of the University of Tennessee Alumni Professional Achievement Award. Hosted on Acast. See acast.com/privacy for more information.

Grow Your Business and Grow Your Wealth
Episode 243: Certified Elder Law Insights: Asset Protection & Planning

Grow Your Business and Grow Your Wealth

Play Episode Listen Later Jan 15, 2025 37:02


Are you prepared to navigate the complexities of elder law and estate planning? Discover essential insights that could save your family from costly mistakes. Summary In this episode of Grow Your Business & Grow Your Wealth, host Gary Heldt speaks with Richard Miller, a highly respected Certified Elder Law Attorney. Richard dives into the critical aspects of elder law, including asset protection, Medicaid planning, and probate litigation. He shares practical advice, real-life stories, and strategies to help families make informed decisions while preserving dignity and financial stability. 5 Key Takeaways → Planning ahead ensures your assets are used to support you and your spouse with dignity and autonomy. → Understand the difference between probate and non-probate assets to avoid unexpected pitfalls. → Beneficiary designations are crucial; they often determine where assets go, regardless of a will's intentions. → Trusts, both revocable and irrevocable, play significant roles in asset protection and estate planning. → Complex family dynamics, like second marriages or estranged family members, require thorough estate planning to avoid disputes. 2 Quotes from Richard Miller "Planning isn't just about money; it's about dignity, autonomy, and making choices that matter in the final years of life." "The biggest mistake people make in estate planning is overlooking beneficiary designations—they can make or break your entire plan." How to Reach Richard Miller Richard Miller is the Chair of the Elder Law Department at Mandelbaum Barrett. Licensed in New Jersey, New York, and Colorado, he offers nationwide elder law and estate planning services. Email: RMiller@MBLawFirm.com Phone: 973-243-7916 Learn more about your ad choices. Visit megaphone.fm/adchoices

Answers on Aging Podcast
Unlocking the Secrets of Medicaid Planning and Asset Protection with Todd Whatley

Answers on Aging Podcast

Play Episode Listen Later Jan 5, 2025 34:36 Transcription Available


Todd Whatley, Certified Elder Law Attorney with Generations Legal Group explains how Medicaid really is an option for almost everyone seeking to pay for long term care.  This episode addresses the crucial topic of Medicaid planning and the misconceptions surrounding it. We discuss how proper planning can protect assets for long-term care, with a focus on understanding the rules of Medicaid to benefit families facing aging challenges.• Understanding Medicaid and its application for long-term care • Dispelling myths about wealth and Medicaid eligibility • The importance of early planning for future care needs • Strategies for married couples to protect assets • Exempt assets that do not affect Medicaid eligibility • The potential of irrevocable trusts in asset protection • Real-life examples illustrating planning outcomes • Emphasizing the role of expert guidance in navigating Medicaid rules • The risks of waiting to plan and financial implications if delayedInformation to help you answer all of your questions about aging.

Holy Family Radio Podcasts (AM 720 - WHYF)
Smart Seniors Episode 12

Holy Family Radio Podcasts (AM 720 - WHYF)

Play Episode Listen Later Nov 20, 2024 26:40


Host Pam Kovalewski is joined by Jacqueline Kelly, Certified Elder Law Attorney for as discuss on probate.

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In Legal Terms
In Legal Terms: Special Needs Law Month

In Legal Terms

Play Episode Listen Later Oct 15, 2024 46:55


We'll discuss Special Needs Law – what are the laws around estate planning and protecting vulnerable adults. Rick is the first attorney in Mississippi designated a Certified Elder Law Attorney by the American Bar Association-accredited National Elder Law Foundation. Rick is a former Director of the National Academy of Elder Law Attorneys (NAELA) where he serves on the Trusts and Special Needs Law Sections Steering Committees.I love our shows but sometimes you needs a hand out or information you can refer back to when you want additional information. Our guest: Rick Courtney has a wonderful website with blog articles, Frequently Asked Questions section, and even a book: A Lawyer's Guide to Working with Special Needs Clients.Our show is about you and your rights. Rights that are derived through laws made by lawmakers. Our next election is in 3 weeks. November 5th. If you think you'll be away from your home county on that day you can vote absentee right now. The Mississippi Secretary of State's website y'allvote.ms has so much information or call your County Circuit Clerk for the information you need.If elder law is interesting to you, you'll find our Monday Talks podcasts of value. Just last week, a representative of the Social Security Administration was the guest. You can listen to that podcast now. Or you can send them an email with a question for the next time the topic is discussed (money@mpbonline.org) – or use the Talk To Us feature on the MPB Public Media App. Hosted on Acast. See acast.com/privacy for more information.

50% with Marcylle Combs
Having a Business as a Ministry: Elizabeth Raxter, J.D., CELA

50% with Marcylle Combs

Play Episode Listen Later Dec 20, 2023 37:54


Elizabeth Raxter is a Certified Elder Law Attorney, having been certified by the National Elder Law Foundation, and recognized by the State Bar of Texas.  Ms. Raxter specializes in Elder Law issues, including Estate Planning, Guardianship, Probate, Real Estate, Long Term Care Planning, Special Needs Planning, and Fiduciary Services.  Ms. Raxter is a certified speaker with Maxwell Leadership and frequently speaks regarding Elder Law issues, advocacy for disabled individuals, and leadership. Ms. Raxter received her Bachelor of Science degree from Texas A&M University and her Juris Doctorate degree from the University of Hawaii.  Ms. Raxter is licensed to practice law in Texas, Arkansas and Hawaii.  Professional Memberships and Accolades State Bar of Texas Hawaii State Bar Association Arkansas Bar Association Certified Elder Law Attorney through National Elder Law Foundation (NELF), Certified Speaker through Maxwell Leadership, 2023 Member of Texas Bar College, Professionalism through Education Serves on the Board of Directors for NELF; Chairman of Special Committee Serves as an Executive Board Member for Community Action for Central Texas Member of National Academy of Elder Law Attorneys (NAELA) Member of Christian Legal Society Member of Beta Sigma Phi, community sorority Member of Central Texas Advocates for Seniors Lions Club Member Voted Senior Resource Guide's Best Elder Law Attorney in 2015 and 2018 Voted Best Attorney in Caldwell County in 2018 - 2023 Voted Elite Elder Law Attorney by peers in 2023 Book Recommendations: The E-Myth Revisited: Why Most Small Businesses Don't Work and What to Do About It by Michael Gerber The 21 Irrefutable Laws of Leadership by John Maxwell How to Win Friends & Influence People by Dale Carnegie The Legend of the Monk and the Merchant: Twelve Keys to Successful Living by Terry Felber WEBSITE: www.tx-elderlaw.com Law Office of Elizabeth Raxter on Facebook eraxter on instagram

Takacs McGinnis Elder Care Law Hour
Episode 192: Preplanning Your Funeral

Takacs McGinnis Elder Care Law Hour

Play Episode Listen Later Nov 8, 2023 22:37


Why would someone want to pre-plan their funeral? Certified Elder Law Attorney and Partner Barbara McGinnis talks with Randy Nash, owner of Sumner Funeral and Cremation about reasons to consider pre-planning for end of life.

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Trust Me
Pits and Pearls of Personal Property Issues after Death

Trust Me

Play Episode Listen Later Apr 24, 2023 30:20


In this episode, our guests, Marguerite Lorenz, Master Trustee, and Todd Stephenson, estate liquidator, will be discussing the difficulties that are encountered in dealing with personal property after someone has died. This episode is geared towards estate planners who are looking to create a well-rounded plan to avoid unnecessary family strife after a client's passing, as well as to the general public to get ideas on how to keep children from fighting after their passing. We will share stories of good and bad plans as well as provide ideas on how best to create a plan to keep families out of court and in harmony. About Our Guests:Marguerite Lorenz, Master Trustee, Managing Partner at Lorenz Private Trustees, and author of Ethics for Trustees 2.0, available on Amazon. Marguerite is in her 20th year as a professional trustee, executor and agent.Marguerite can be reached at 877-630-8448, www.MyTrustee.net.Todd Stephenson, owner and founder of Estate Sale Warehouse. Estate Sale Warehouse has been providing personal estate liquidation solutions since 1994 in San Diego and surrounding areas.Todd can be reached at (760) 433-6549, estatesalewarehouse.comAbout Our Host:Host Kimberly R. McGhee is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Certified Elder Law Attorney by the National Elder Law Foundation, and V.A. Certified Accredited Attorney. She is a Member of the California Lawyers Association, Trusts and Estates Executive Committee (TEXCOM), former President of the Southern California National Academy of Elder Law Attorneys, Member of the Board of Directors for Palomar Health Medical Group, Member of the Board of Directors for Southern Caregiver Resource Center, contributing author and editor for CEB (Continuing Education of the Bar's) Trusts & Estates practice guide and Vice-Chair of the North County Bar Association California Conference of Delegates. She also serves as a Court Appointed Attorney and Guardian Ad Litem in the Superior Court of San Diego County, California.  Thank you for listening to Trust Me!Trust Me is Produced by Foley Marra StudiosEdited by Todd Gajdusek

Trust Me
Elder Law Attorney – What is it and why do I need one?

Trust Me

Play Episode Listen Later Nov 28, 2022 38:23


In this episode, our guest Josie M. Porras Corporon, CELA, will be diving into the misunderstood world of elder law.  This episode is geared towards practitioners who don't know what an elder law attorney does and when they need to refer their clients to an elder law attorney; as well as to the general public as a guide for where to start when they want to plan for a long term disability in addition to their passing.  We will discuss the basics of long term care planning and public benefits and provide examples of when and how to best plan for a crisis. About Our Guest:Josie M. Porras Corporon, CELA is a Certified Elder Law Attorney by the National Elder Law Foundation, Certified Specialist, Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Certified Dementia Care Practitioner by the National Council of Certified Dementia Practitioners. As a Certified Elder Law Attorney, she is well-versed in creating a plan to protect families in the event of crisis as well as helping families deal with the crisis with or without planning.  Josie received her BA/BSW in Social Work from California State University, Chico, and her JD from the University of Iowa College of Law. Josie was a medical social worker prior to becoming an attorney and has incorporated those skills into her law practice. She is the appointed attorney representative on the State's Advisory Committee on Alzheimer's Disease and Related Dementias; is a member of the National Academy of Elder Law Attorneys, Past President of the Northern California Chapter; and is appointed to the Executive Board for Legal Services of Northern California. Locally, she sits on the Advocacy Committee for the Chico Chapter of the Northern California and Northern Nevada Chapter of the Alzheimer's Association and is a Board Member at the Peg Taylor Center. Josie can be reached at (530) 892-2421.About Our Host:Host Kimberly R. McGhee is a Certified Specialist in Estate Planning, Trust & Probate Law by the State Bar of California Board of Legal Specialization, Certified Elder Law Attorney by the National Elder Law Foundation, and V.A. Certified Accredited Attorney. She is a Member of the California Lawyers Association, Trusts and Estates Executive Committee (TEXCOM), former President of the Southern California National Academy of Elder Law Attorneys, Member of the Board of Directors for Palomar Health Medical Group, Member of the Board of Directors for Southern Caregiver Resource Center, contributing author and editor for CEB (Continuing Education of the Bar's) Trusts & Estates practice guide and Vice-Chair of the North County Bar Association California Conference of Delegates. She also serves as a Court Appointed Attorney and Guardian Ad Litem in the Superior Court of San Diego County, California.  Trust Me is Produced by Foley Marra StudiosThank you for listening to Trust Me!

Parenting Impossible – The Special Needs Survival Podcast
Tax Time-Special Needs Edition with Mark Worthington

Parenting Impossible – The Special Needs Survival Podcast

Play Episode Listen Later Mar 31, 2022 59:07


It is tax time! Annette Hines, host of Parenting Impossible-The Special Needs Survival Podcast and her favorite guest, law partner and husband, Mark Worthington tackle the four top questions people ask about tax preparation and tax reporting. Can I claim my adult child as a dependent? If I charge my adult child room and board when they are living with me, is that taxable income to me? And how does this impact their Supplemental Security Income (SSI)? Taxation of special needs trust and SECURE Act updates. How are caregiver payments such as Adult Family Care (AFC) and Personal Care Attendant (PCA) taxed to the recipient? Can you imagine the dinner table conversation at their home!? We are so lucky they love talking about taxes and simplifying what can be complicated information. So please join Annette Hines and Mark Worthington as they answer these important and popular tax questions asked by our disability community. Annette Hines is the founding partner of Special Needs Law Group of Massachusetts, PC, and has been practicing in the areas of Special Needs, Elder Law, and Estate Planning for over twenty years. Her clients include individuals and families of children with special needs, the elderly, and others in the community. She received her BA from the University of Vermont, her MBA from Suffolk University, and her JD from Howard University School of Law. Ms. Hines was recently presented the NAELA (National Academy of Elder Law Attorneys) Theresa Award for 2021 by the Theresa Foundation in recognition of her outstanding efforts and advocacy for individuals with special needs. She has been recognized as a Distinguished Citizen by ARC Massachusetts and cited for public service by both the Massachusetts State Senate and House of Representatives for her work on behalf of people with disabilities. Ms. Hines was designated a 2016 Top Women of Law from Massachusetts Lawyers Weekly and has been named to the Massachusetts Super Lawyers list every year since 2014. Mark Worthington is Senior Counsel at Special Needs Law Group of Massachusetts, P.C. Mark received his J.D. from Northeastern University School of Law and his LL.M. in Taxation from Boston University School of Law. He is a Certified Elder Law Attorney (as certified by the National Elder Law Foundation (Massachusetts does not recognize legal specialties for certification)) and past President (2007) of the Massachusetts Chapter of the National Academy of Elder Law Attorneys. Mark has been named to the Massachusetts Super Lawyers list every year since 2008. In 2018 he stepped down as full-time Professor of Law and Director of the Graduate (LL.M.) Program in Elder Law and Estate Planning at Western New England University School of Law to practice full-time with Special Needs Law Group. He continues as an Adjunct Professor in the LL.M. Program. He has also taught at Northeastern in the J.D. Program. Mark is admitted to practice in Massachusetts and before the United States Supreme Court.

Takacs McGinnis Elder Care Law Hour
Episode 91: How Gifting Impacts Taxes

Takacs McGinnis Elder Care Law Hour

Play Episode Listen Later Dec 1, 2021 15:38


Certified Elder Law Attorney and Partner Barbara McGinnis talks with Dustin Littlepage a CPA at McMurray, Fox & Associates about capital gains taxes, how putting a child's name on a deed impacts tax basis, and other gifting tax matters.

Takacs McGinnis Elder Care Law Hour
Episode 83: Rock Steady Boxing

Takacs McGinnis Elder Care Law Hour

Play Episode Listen Later Oct 6, 2021 22:05


Certified Elder Law Attorney and partner Barbara McGinnis interviews Colleen Bridges, head coach and owner of Rock Steady Boxing. Colleen shares about how Rock Steady Boxing benefits those with Parkinson's Disease and other movement disorders.

Takacs McGinnis Elder Care Law Hour
Episode 82: Seniors Matter

Takacs McGinnis Elder Care Law Hour

Play Episode Listen Later Sep 29, 2021 17:13


Certified Elder Law Attorney and partner Barbara McGinnis interviews Quillt CEO Kasey Grelle about one of her latest projects, Seniors Matter.

seniors certified elder law attorney
Takacs McGinnis Elder Care Law Hour
Episode 68: Popular Scams

Takacs McGinnis Elder Care Law Hour

Play Episode Listen Later Jun 23, 2021 16:54


Certified Elder Law Attorney and Partner Barbara McGinnis interviews Ashley Hunter with FiftyForward's Victory Over Crime program about popular scams and how to avoid them.

popular scams certified elder law attorney
It Takes 2 with Amy & JJ
When and Where for Senior Care: A Certified Elder Law Attorney

It Takes 2 with Amy & JJ

Play Episode Listen Later May 27, 2021 11:32


Denise Tollefson from Serenity Assisted Living and Memory Care puts a lot of effort into planning the When and Where for Senior Care segments on It Takes Two with Amy & JJ. On this particular episode, Denise has invited Susan Johnson-Drenth (a certified Elder Law Attorney by the National Elder Law Foundation) with JD Legal Planning P.L.L.C. to discuss the different cases in which an attorney may be helpful when planning the next stages of finances, legal documents and more.  See omnystudio.com/listener for privacy information.

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The Elder Law Coach
Epi 11 What is a Certified Elder Law Attorney (why you want to be one)

The Elder Law Coach

Play Episode Listen Later May 2, 2021 29:56


On this episode, I interview Marilyn Miller, the current President of the National Elder Law Foundation.  We discuss what a CELA , how to become one and why you probably want to become one if you focus on Elder Law.  

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The Elder Law Coach
Epi 11 What is a Certified Elder Law Attorney (why you want to be one)

The Elder Law Coach

Play Episode Listen Later May 2, 2021 29:56


On this episode, I interview Marilyn Miller, the current President of the National Elder Law Foundation.  We discuss what a CELA , how to become one and why you probably want to become one if you focus on Elder Law.  

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Takacs McGinnis Elder Care Law Hour
Episode 50: TDOT Yellow Dot Program

Takacs McGinnis Elder Care Law Hour

Play Episode Listen Later Feb 17, 2021 16:30


Certified Elder Law Attorney and partner Barbara McGinnis speaks with TDOT’s Motorist Information Coordinator John Hall about the Yellow Dot Program. Learn more about how to participate in TDOT’s Yellow Dot Program at https://www.tn.gov/tdot/traffic-operations-division/transportation-management-office/yellow-dot-program.html.

yellow t dot certified elder law attorney
Financially Ever After
Estate Planning in the Event of a Biden Presidency

Financially Ever After

Play Episode Listen Later Oct 13, 2020 40:32


Nancy Burner is the Founder and Managing Partner of Burner Law Group, a professor at Hofstra University, and a Certified Elder Law Attorney. She has been named a Super Lawyer in the field of Elder Law for 11 consecutive years. She joins Stacy Francis today to discuss the important things you should know with regards to estate planning in the event of a Biden presidency.  Estate and trust planning should always be done with a certified attorney, as it is very easy to make a mistake when you don’t know the tricks of the trade. If you give a gift in your lifetime and survive that by three years, it does not come off your estate tax under New York State law. The best way to leave assets for your children and their descendants is through a trust. A trustee is the manager of the trust assets. Beneficiaries are those who derive advantages from the trust assets. Resources Nancy Burner on LinkedIn | Twitter | Facebook Email: nburner@burnerlaw.com  Phone: (212) 867-3520 Website: BurnerLaw.com Stacy Francis on LinkedIn | Twitter Email: stacy@francisfinancial.com Phone: (212) 374-9008  Website: FrancisFinancial.com

Unlocking the Doors of Dementia with LAUREN
S2 E02 Elder Law with Cynthia Cox

Unlocking the Doors of Dementia with LAUREN

Play Episode Listen Later Mar 6, 2020 24:32


In this episode, Lauren is joined by Cynthia Cox, Certified Elder Law Attorney, who discusses legal matters related to dementia, including how to approach your loved one about establishing a trust and what to do first to establish a trust. Cynthia also discusses some of the aspects of conservatorship, including why a court needs to get involved in someone's well-being and some of the things they consider when doing so. Any family facing financial or physical care needs for their aging loved ones with dementia will benefit from listening to this episode.Lauren is joined by producer Tom and by Zehra Syed of Oakmont of Torrance.

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Magnificent Aging Podcast
14. Wills, Power of Attorney with Elder Care Attorney Ann Fowler-Cruz

Magnificent Aging Podcast

Play Episode Listen Later Feb 24, 2020 35:37


“This is a gift to your loved ones…to do it the right way.” “Inheritance is a gift, not a right.”  ~Ann Fowler-Cruz, Attorney In this episode Deirdre and Attorney Ann Fowler-Cruz discuss: How to find the courage to create a will How Ann chose her Elder Law career Certified Elder Law Attorney explained Why people resist created a will The reasons you need a will Which age you should create a will? Intestate explained The importance of Title on Asset Ways to inform beneficiaries who gets what Who holds the will? Legal requirements for a will Can you appoint someone to be your executor without them knowing? If you are the executor of a will is this written in stone? Nomination vs appointment The importance of a backup Creditor period, what is it? Do you need just a will or a will and a trust? Living Will vs Healthcare Directive vs Power of Attorney vs Trusts explained The important reason you need a will or a trust if you have children under the age of 18 years. Check your state laws Will contests explained The reason you should engage a Certified Elder Law Attorney What is probate? Delay and cost avoidance. What is a creditor period? Favorite ice cream: Maple Pecan Leisure time activity: Any water activities, Kayaking Song that reminds Ann of her youth and why:  Nothing But A House Party, J Geils Call Attorney Ann Fowler-Cruz 203-749-5570 or email afowler-cruz@cohenandwolf.com  "Ann has been a staunch advocate for the elderly and the disabled for more than a decade.  She has the distinction of being a Certified Elder Law Attorney (CELA) by the National Elder Law Foundation* and is accredited to practice before the Department of Veterans Affairs. Her extensive knowledge in the area of elder law enables her to assist the elderly and the disabled in realizing the very best quality of life.  Her elder law practice focuses on long-term care planning, asset preservation strategies, Medicaid applications, disability planning, utilizing conservatorships/guardianship and special needs trusts. Her estate planning practice includes the creation of wills, trusts, and advance directives. Ann also handles probate administration." Copied from www.CohenandWolf.com This episode is sponsored by DeClutter By Deirdre, A Senior Move Management and DeCluttering for Aging In Place Company. Helping You and Your Loved Ones DeClutter, Move & Live a Fuller Life. Look at my website and contact me to work together at DeClutterByDeirdre@gmail.com  www.DeClutterByDeirdre.com  **Download~Like~Positive Review Magnificent Aging** Thank you for listening, I appreciate you!

In Legal Terms
In Legal Terms: Wills

In Legal Terms

Play Episode Listen Later Oct 9, 2018


It's Get Organized Week! Do you have a will? Is it up to date?Professor Richard Gershon gives advice, answers questions, and tell us what the law is in Mississippi. https://law.olemiss.edu/faculty-directory/richard-gershon/Past broadcasts about Wills and Estates:May 22, 2018 MONEY TALKS: ELDER AND DISABILITY MONEY ISSUES Guest attorney Richard Courtney discusses elder and disability money issues. http://www.mpbonline.org/blogs/money-talks/2018/05/22/money-talks-elder-and-disability-money-issues/August 8th, 2017: IN LEGAL TERM: ESTATE PLANNING Our guest, Richard A. Courtney, Certified Elder Law Attorney, speaks with us about why we need Estate Planning, what an Advanced Healthcare Directive is, and why a Durable Power of Attorney is important. http://www.mpbonline.org/blogs/in-legal-terms/2017/08/08/in-legal-term-estate-planning/Oct. 25th, 2016 IN LEGAL TERMS: SPECIAL NEEDS LAW MONTH Certified Elder Law Attorney - Richard Courtney talks about planning and providing for persons with disabilities including Medicaid and other public benefit programs. http://www.mpbonline.org/blogs/in-legal-terms/2016/10/25/in-legal-terms-special-needs-law-month/ See acast.com/privacy for privacy and opt-out information.

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Make It Last with Victor Medina - Legal & Financial Retirement Planning
Make It Last – Ep 55 – Retirement Shortfall & Why Your Estate Planning Attorney Should Be A Certified Elder Law Attorney

Make It Last with Victor Medina - Legal & Financial Retirement Planning

Play Episode Listen Later May 12, 2018 29:49


If you are approaching retirement and you don’t have enough money, there are a few things you can do to make up your retirement shortfall. Also, having your attorney be a Certified Elder Law Attorney...

NAR’s Center for REALTOR® Development
014: Senior Market, Part 2: How Elder Care Professionals Can Help with Barbara Boone McGinnis

NAR’s Center for REALTOR® Development

Play Episode Listen Later May 1, 2018 51:52


Continuing last month’s episode and conversation about the Senior Real Estate Specialist® (SRES®) Designation topics, today’s guest joins Monica to talk about the legal side of things. Barbara will discuss estate planning, probate, trusts, and what you can do as a real estate professional. This episode is full of great information and advice, and it’s important to remember that as real estate agents, we may need to recommend an Elder Care professional to our clients in order to best serve them. Topics discussed offer a great place to start and some ideas to share with our clients, but ultimately people like Barbara will be able to give our clients the best information. Barbara works at a firm that specializes in Elder Law — the primary focus is helping older people (or the families that care for older people) navigate the healthcare system, estate planning, asset protection, and post-mortem issues. Many people immediately turn to real estate when things change in their life; REALTORS® get called in when sometimes their clients may need to be referred to other professionals first. One of the things they advocate at Barbara’s firm is to be proactive as you’re approaching older age, and becoming aware of what’s in your community. Many things have changed over the last several years and many of them for the better. Barbara and Monica talk about the importance of planning a will and what estate planning looks like for people. A will is a written declaration of what your wishes are for your assets are at your death. It is good for everyone to have as well, as soon as they have something that’s worth protecting (assets, children). When it comes to estate planning, it should be thought of as a process rather than an event. As our lives change, estate plans may change in focus. Estates often include Powers of Attorney, usually one for healthcare and one for general business purposes, which is what REALTORS® would likely be looking for. There are ordinary and extraordinary Powers of Attorney, and each one allows different scopes of authority. When dealing with Powers of Attorney, it’s important to understand that every POA is not exactly the same, and understanding the authorities that are allowed. There are different competencies for POAs and can be effective immediately or effective upon some future, contingent event. As a real estate agent, you may be working with adults that don’t have full capacity. Legally, they are competent until they are adjudicated not, but they may have limited capacity depending on what type of decision is being made. This capacity may be something of concern for real estate agents. In this case, agents can go to the client's Power of Attorney or a family attorney or could go to their closing company attorney. As an agent, if you’re unsure about a client’s capacity, a respectful approach would be to ask your client if they have a Power of Attorney, to serve as a sounding board for security measures. That way the POA can protect all parties involved, but the older client can still feel like they are in control of the decision. You could also ask if there’s another professional advisor they’d like to run the decision by. Some other documents that are part of estate planning are HIPAA release, as well as a will substitute, like a trust. Trusts are legal documents that permit you to transfer assets either prior to your death or after. The grantor is the person that sets up the trust, and it’s their purpose for having the trust that guides how it’s used and what language needs to be in there. The trustee is the manager. The principle is the asset that is titled to the trust; beneficiaries are the persons who are supposed to benefit from the trust in life, as well as remainder beneficiaries that will inherit the asset after the death of the grantor. Some are very wealthy, but you really don’t have to be super wealthy to benefit from a trust. A trust is a good way to manage assets of a vulnerable person. The takeaway here for real estate agents is to be able to offer clients the trust without putting children (or someone else) on the deed. What about probate? Probate is not just about transferring title to a named beneficiary; it is also about cutting off claims of creditors. REALTORS® general prefer real estate to go through the probate process because they can be assured there aren’t outlying, lingering creditors. There are ways of transferring real estate that may avoid probate. Barbara talks about some of the different ways you can own property that would prevent the property from probate. If you die without a will, a judge will say how the assets are going to pass. You may have full probate, or something called muniment of title, which serves the purpose of transferring title (not full probate). There are many small details that can change the outcome of a transaction. There may be a general answer to a general question, but you may find something out later on that could change the answer. There could be laws or practices that differ from state to state that could change whether you can sell a property under probate. Barbara shares some examples in the state of Tennessee, and how that compares to what she sees in other states. This could play into inheritance tax as well. There is an estate tax on the federal level (the exemption is 11.8 million), and the inheritance tax is a state tax in different states. One of the things they talk about in the Senior Specialist Designation class is Medicaid. Medicaid is a federal set of laws that is administered on a state level. It’s designed as a safety net program for categorical eligible people for medical insurance but also serves as a payer for long-term services and support. A lot of people think that having Medicaid pay for their care at the end of life might be a good idea because they’re afraid their assets would be used up having to pay for nursing care. There are several types of mature adult housing before nursing care, and Medicaid does not cover those expenses. Assistance for these types of expenses may differ state to state; Barbara shares how TennCare works in Tennessee. There are income restrictions that govern whether a person can use Medicaid. You have to look at income versus net worth, and sometimes you can protect your net worth through the use of an irrevocable trust. This requires some planning because there is a 60-month lookback for Medicaid. There is usually a workaround for the trust, but you wouldn’t need to address this until the point of application. There are so many ins and outs and they differ from situation to situation. It’s important to help your clients find the professionals they need to figure out how they can benefit most. When people decide they need the help of an elder care attorney, what options do they have? It may seem expensive upfront, but will likely save a client money in the long run. Many people are surprised by what Elder Care Law firms can offer. It’s important that other professionals, who have likely worked with adult clients for much of their lives, are aware of elder care law professionals. Fees typically would be 1-2 months of nursing home care, so it’s affordable and reasonable value. Elder Care Law is a growing niche in the US; it seems to resonate with younger people that are looking for a truly meaningful career. As people are aging, we need more care. The laws continue to change as well, and when you’re dealing with so much government regulation, it’s important that you’re working with someone who is staying on top of the changes. It’s always the law that’s in place at the time a person passes that will impact a state recovery for Medicaid recipients. To learn about social security benefits, there is a lot of information on the social security administration website. To get the best information, going to a certified financial planner is the wisest course of action. They should be able to recommend when you should start taking your social security, whether you should draw from your spouse or on your own, and what to do it you’re widowed or divorced. There is a lot of information out there on the topic of elder care. It’s important to consider all of your sources, and streamline it down to your options and planning proactively for the future. People should get started early, and know that their estate planning is a process, rather than an event they can check off on their list of things to do. Guest Links: Website: tn-elderlaw.com Facebook: Takacs McGinnis Elder Care Law National Elder Law Foundation - Find a Certified Elder Law Attorney in your area. nelf.org   Training4RE.com Center for REALTOR® Development — onlinelearning.REALTOR® Crdpodcast.com - Podcast Website CRD@REALTORS.org Guest Bio: Barbara Boone McGinnis, CELA Barbara is certified as an elder law attorney by the National Elder Law Foundation and as a Certified Elder Law Specialist by the Tennessee Commission on CLE and Specialization. She is also a VA-accredited attorney. Before receiving her license to practice law in Tennessee, Barbara spent more than 20 years as a Registered Nurse and Gerontological Nurse Practitioner. Host Information: Monica Neubauer Speaker/Podcaster/REALTOR® Monica@MonicaNeubauer.com FuntentionalLiving.com FranklinTNBlog.com

In Legal Terms
Estate Planning

In Legal Terms

Play Episode Listen Later Aug 8, 2017


Our guest, Richard A. Courtney, Certified Elder Law Attorney, speaks with us about why we need Estate Planning, what an Advanced Healthcare Directive is, and why a Durable Power of Attorney is important. See acast.com/privacy for privacy and opt-out information.

attorney estate planning durable power certified elder law attorney advanced healthcare directive
Boomers Today
Long-term Care Benefits for Veteran’s/Spouses

Boomers Today

Play Episode Listen Later Nov 6, 2015 31:27


Victoria Collier founded The Elder & Disability Law Firm of Victoria L. Collier, P.C. to serve the legal needs of senior citizens when their health care needs increase. Victoria is a Certified Elder Law Attorney through The National Elder Law Foundation and has been named as “Fellow” of the National Academy of Elder Law Attorneys (NAELA). She is the author of 47 Secret Veterans Benefits for Seniors and Paying for Long Term Care – Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit.

Boomers Today
Long-term Care Benefits for Veteran’s/Spouses

Boomers Today

Play Episode Listen Later Nov 6, 2015 31:27


Victoria Collier founded The Elder & Disability Law Firm of Victoria L. Collier, P.C. to serve the legal needs of senior citizens when their health care needs increase. Victoria is a Certified Elder Law Attorney through The National Elder Law Foundation and has been named as “Fellow” of the National Academy of Elder Law Attorneys (NAELA). She is the author of 47 Secret Veterans Benefits for Seniors and Paying for Long Term Care – Financial Help for Wartime Veterans: The VA Aid & Attendance Benefit.

CaregiverDave.com
An Elder Care Attorney Isn't in Case You Die, It's In Case You Don't

CaregiverDave.com

Play Episode Listen Later Sep 9, 2015 54:00


Join Dave Nassaney, The Caregiver's Caregiver, as he interviews Elder Care Attorney, Christopher J. Berry, Esq. Certified Elder Law Attorney. Estate Planning and Elder Law is not an area for a “generalist.”  Your quality of life and your life’s work is more important than that.  It is important to work with a Certified Elder Law Attorney (CELA).  The CELA designation is the GOLD STANDARD in estate planning and elder law. The clients that we work with value the peace of mind,  that their goals are being met with the absolute latest in legal strategies to protect assets and preserve quality of life and care.  These are only available when working with a Certified Elder Law Attorney. Any attorney can say they “do estate planning or elder law”, but only CELAs can say they are the top 1% of estate planning and elder law attorneys.  Michigan Elder Law Attorney, Christopher J. Berry, Esq., was the second youngest attorney in the country to become a CELA. To accomplish our clients goals, we utilize a variety of legal and financial strategies to protect your assets and help ensure you receive the care you need today or in the future. Asset preservation is the name of the game. We want to protect your hard earned assets from probate, long-term care costs, and taxes. We call upon various governmental benefits to help pay the catastrophic cost of long-term care, including VA benefits and Medicade.

Boomers Today
Benefits of an Elder Law Attorney

Boomers Today

Play Episode Listen Later Aug 28, 2015 30:18


Phillip P. Lindsley is the senior attorney and founder of San Diego Elder Care Law and a Certified Elder Law Attorney and Certified Legal Specialist, Estate Planning, Trusts and Probate. He discusses several issues including Veteran's long-term care benefits, Medicaid/Medi-Cal, Life Care Planning and spousal protection. Very educational!

Boomers Today
Benefits of an Elder Law Attorney

Boomers Today

Play Episode Listen Later Aug 28, 2015 30:18


Phillip P. Lindsley is the senior attorney and founder of San Diego Elder Care Law and a Certified Elder Law Attorney and Certified Legal Specialist, Estate Planning, Trusts and Probate. He discusses several issues including Veteran's long-term care benefits, Medicaid/Medi-Cal, Life Care Planning and spousal protection. Very educational!

Financially Empowering Women
006- Estate Planning and Trusts with Deirdre Wheatley-Liss, Esq.

Financially Empowering Women

Play Episode Listen Later Jun 28, 2013 48:44


Host Laura Mattia and special guest Deirdre Wheatley-Liss, Esq. discuss estate planning, trusts, and the important implications they can have to everyone, particularly women. The statistics indicating that women live longer on average than men and tend to marry older spouses results in over 3 times more women versus men being widowed by age 65.  In addition, women receive lower earnings during their working years which impacts the amount of social security they receive.  For women, estate planning is a very important part of retirement planning since it can drastically affect their lives in retirement if proper planning is not done.  Inherent to the decision of becoming financially empowered, Laura continues to promote the idea of taking responsibility for yourself and caring for yourself, a key aspect of estate planning.  Amongst other issues, Laura and Deidre discuss the tendency for women to be the primary custodial parent, worried about how their children will be cared for if something happens to them.  Deidre explains how to best prepare for this concern and also why it is important to determine who will handle their children's property until they are older.  Women business owners listening to this program are reminded about the importance of protecting their assets, and planning for the succession of their businesses.  Insights towards how to own life insurance, treat retirement assets and use a trust to achieve goals are discussed, along with an estate planning checklist tool which can be downloaded from FinanciallyEmpoweringWomen.com. Deirdre Wheatley-Liss, Esq. is a Certified Elder Law Attorney and a practicing trusts and estates attorney has over fifteen years’ experience.  Her passion is educating the public about the law so they can be empowered to use it to their benefit.  She graduated with honors from Johns Hopkins University, earned her law degree at Boston College Law School, and holds an advanced Masters of Law degree in taxation from New York University School of Law. Deirdre authors the award-winning New Jersey Estate Planning and Elder Law Blog, and she is a sought-after speaker and contributor to national publications such as the New York Times, Consumer Digest, and Money magazine. Deirdre often hears that she makes estate planning and tax law "fun," and that she is adept at breaking down complex topics into understandable, and actionable, elements. The author of Plan Your Own Estate (Apress, 2013), she resides in Northern New Jersey with her husband and son.

Discovering Responsible Wealth
Ep. 35 Power of Attorney

Discovering Responsible Wealth

Play Episode Listen Later May 24, 2013 16:59


Gary B. Garland, Esq, Certified Elder Law Attorney, returns this week to explain the power of attorney. He also discusses the different types of a power of attorney and which situations they should be used in.

esq power of attorney gary b certified elder law attorney
Discovering Responsible Wealth
Ep. 35 Asset Protection / Medicaid and Medicare Planning

Discovering Responsible Wealth

Play Episode Listen Later May 17, 2013 16:58


Gary B. Garland, Esq, a Certified Elder Law Attorney, joins us this week to talk about asset protection and medicare/medicaid planning.