Estate and Elder Law

Recent Posts

Reform That Understands Our Seniors: How Interdisciplinary Services Can Help Solve the Capacity Riddle in Elder Law
Posted on 20 Jun 2012 by LexisNexis Estate and Elder Law Community Staff

By Thomas Richard Stasi* *J.D. Candidate 2012, University of Michigan Law School; B.A. 2009, Duke University. Contributing Editor, University of Michigan Journal of Law Reform, Volume 45. Excerpt from Reform That Understands Our Seniors: How Interdisciplinary... Read More

Hot Topics in Elder Law for the Week of 12-29-09
Posted on 30 Dec 2009 by Michael H. Erde

An Illinois appeals court found that a trust that prevented the trustee from making distributions if it would interfere with public assistance is an available asset for Medicaid eligibility purposes. Vincent v Dept of Human Services , Ill. Court App.... Read More

Tags: Elder Law

Jennifer F. Hillman: Inheritance Rights of Posthumously Conceived Children in New York State
Posted on 10 Jul 2014 by Jennifer Hillman

By: Jennifer F. Hillman, Esq. Medical technology continues to advance at a rapid pace. Since the first “test tube” baby was born on July 25, 1978, the field of artificial reproduction has blossomed. According to the United Stated Department... Read More

Tangible Personal Property: What Does it Encompass?
Posted on 12 Jan 2015 by Jennifer Hillman

By Jennifer F. Hillman The phrase “tangible personal property” is a term of art frequently utilized by estate practitioners when drafting documents. However, what is, and what is not tangible personal property is not always clear. A recent... Read More

At-Home Technology Allows Seniors to Remain Independent
Posted on 21 May 2010 by Sandra L. Smith

Most seniors would agree that one of their biggest concerns about growing older is the eventual loss of their independence. They worry that as they become unable to engage in certain activities of daily living, they will become a burden on loved ones... Read More

Compassionate Allowances Initiative
Posted on 11 Jun 2010 by Sandra L. Smith

In October of 2008, the Social Security Administration (SSA) announced the commencement of the national Compassionate Allowances Initiative, a means to expedite the processing of disability claims for applicants whose medical conditions are so severe... Read More

Creation, Execution And Revocation Of Massachusetts Health Care Proxies
Posted on 23 Jul 2015 by LexisNexis Legal Newsroom Staff

By John Dugan Massachusetts law provides for the execution, administration and governance of health care proxies. A health care proxy is a written instrument signed by a competent adult appointing another competent adult to make health care decisions... Read More

David Shulman: ULC’s Revised Uniform Fiduciary Access to Digital Assets Act Supported by Tech Industry
Posted on 19 Oct 2015 by David A. Shulman

By David Shulman The Uniform Law Commission is a non-profit organization that drafts “model” or “uniform” laws that can be adopted by state legislatures. Individual legislatures can then adopt the act as is, or can tweak it... Read More

Hot Topics in Elder Law for the Week of 1-18-10
Posted on 22 Jan 2010 by Michael H. Erde

For Illinois practitioners… Alzheimer’s sufferers can benefit from familiar activities such as golf. (Chicago Tribune local Oct 1 2009) A will depository for orphan wills effective 1-1-10 (Public Act 96-137) Convenience... Read More

Tags: Elder Law

Personal Care Agreements
Posted on 8 Mar 2010 by Lisa Johnson

A recent Wall Street Journal article addressed an issue that is becoming a concern for more than 25% of the adult population in the U.S.: Providing voluntary care for elderly or sick family members and friends. This percentage will continue to... Read More

David Shulman on Estate Planning: Finding Your Digital Assets After Death
Posted on 11 Jul 2014 by David A. Shulman

by David Shulman I’ve written before about estate planning for your digital assets and online accounts. Well this article isn’t necessarily about planning , but what happens after you die – especially if you don’t plan (or even... Read More

John Dedon On Estate Planning: Are Asset Discounts on Family Transfers a Thing of the Past?
Posted on 7 Jul 2015 by John Dedon

Perhaps the primary estate planning strategy utilized in reducing gift and estate tax for several decades has been taking advantage of discounts for family transfers of closely held businesses and real estate interests. These same discounts also apply... Read More

Landmark Jimmo v. Sebelius Settlement Helps Medicare Patients Receive Skilled Care
Posted on 7 Jan 2014 by LexisNexis Legal Newsroom Staff

By Morris Klein CELA CAP | Settlement of a class-action suit filed against HHS makes it easier for patients to continue to receive skilled care services; the settlement removes clandestine policies requiring Medicare patients to exhibit improvement... Read More

John Dedon on Estate Planning – Staying Current
Posted on 11 Jul 2014 by John Dedon

Attached below is a July 3, 2014 Forbes article detailing the need for clients to review and update their estate plans. Now that I have been in practice for 30 years, approximately 25 percent of the legal work that I do comes from existing clients updating... Read More

Hot Topics in Elder Law for the Week of 1-4-10
Posted on 4 Jan 2010 by Michael H. Erde

The Department of Human Services adopted emergency amendments to the OIG’s investigations of alleged abuse or neglect in state-operated facilities and community agencies (59 Ill Adm code 50; 33 ill reg13489) implementing public act 96-407. This... Read More

Tags: Elder Law