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Medicaid

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Estate Administration and Probate

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Elder Law Offices of Shields and Boris Library





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Medicaid

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Living Trusts

  • What is the difference between a will and a trust?   
    Description: People always ask, what is the difference between these two documents? Will or trust, I'm still leaving my assets to the people I care most about, right? Sure, that is true, but there are several key differences between the two.
  • Lessons On Probate and the Benefit of a Trust From Michael Jackson's Estate Distribution   
    Description: A trust, unlike a will, can avoid the probate court process when used properly. By not transferring assets into your trust, however, you undermine some of the key benefits of a trust privacy, avoiding probate court and decreasing the chances of a family fight.
  • Myths about Revocable Living Trusts, Lawyers and Estate Planning. You want the best Elder Law Attorney and Estate Planning Attorney on your side. Call us for a FREE consultation at (800) 879 0984   
    Description: If you are interested in speaking with an expert Pennsyvania Estate Planning Lawyer, contact us for a free consultation at (800) 879-0984. We are experienced Pittsburgh Elder Law Attorneys proud to help those too often forgotten about. Myths about Revocable Living Trusts, Lawyers and Estate Planning. You want the best Elder Law Attorney and Estate Planning Attorney on your side. Call us for a FREE consultation at (800) 879 0984
  • Is your living trust complete?   
    Description: If you have a living trust or are thinking of creating a living trust, there are certain components that your trust should contain. There are also documents and information that you should include in or with your trust to ensure that your trust is properly executed. Don’t leave your loved ones in a state of confusion – take the time to review your living trust with your estate planning lawyer to ensure that it is complete.
  • Living Trust Overview   
    Description: A living trust can be a very important document to help manage your estate, protect your assets and your privacy, and give you peace of mind. An experienced elder law attorney like those at Shields and Boris can help you better understand living trusts and how they can work for you. Contact us at 800-879-0984.

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Estate Administration and Probate

  • When Pennsylvania Estate Recovery Can Take Place By Law   
    Description: Upon the death of a medicaid recipient, the Department of Public Welfare must pursue recovery of funds expended for the decedent. Estate recovery is required for any person age 55 years and older, and for whom Pennsylvania paid for nursing facilities services or care received from home and community based services. If an estate is probated, the personal representative must obtain a release by DPW that no repayment of funds is due to the Commonwealth.
  • Joint Bank Accounts - Risks and Benefits   
    Description: There is also the inheritance tax risk that, if the younger co-tenant dies first, the older one will owe inheritance tax on the portion he/she inherits which often means he/she will be paying inheritance tax on his/her own money!
  • Guidelines for Gifts and Joint Accounts   
    Description: The joint ownership of property may affect Medicaid eligibility. Joint ownership of accounts will certainly be countable resources subject to the rights of the community spouse. An outright gift is the simplest and easiest technique. An outright gift removes the asset from the donor's estate immediately. However, thought must be given to the amount, use, and financial experience of the recipient.
  • Intestacy Laws Of Pa: Dangers of Not Having a Current Living Will   
    Description: Many do not realize that, at the death of a child, the deceased child's spouse is not an automatic heir. Many do not even realize that Pennsylvania's intestate law does not care which relatives sent Christmas cards, or, at least, kept in touch, and which one have not been heard from in years. Sometimes, the more detached relatives turn out to be those favored under intestate law.
  • Drafting Wills That Protect Clients' Interests: Every situation is different, which is why we select vehicles that meets each client's needs   
    Description: Proper estate planning should also include a Financial Power of Attorney, and a Healthcare Power of Attorney, as well as Living Will. Trusts may be included in the Will as Testamentary Trusts or may be set up separately and include Revocable "Living Trusts" or an Irrevocable trust.

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Asset Protection

  • 10 Reasons to Consider Long-Term Care Insurance   
    Description: We believe there are many benefits to Long-Term Care Insurance, and here are 10 reasons why one would consider Long-Term Care Insurance. Of course, as with all legal, financial planning, its vital to speak with an experienced expert you can trust to take care of your best interests. Call us today at (800) 879-0984
  • Solve Eligibility Problems Using the Personal Care Contract   
    Description: For an asset to be considered transferred for fair market value, the transferor must receive something in return. A transfer for love and consideration, for example, is not considered a transfer for fair market value. Like most planning options, the personal service contract is not without risk. Many case workers do not recognize a personal service contract as a transfer for fair consideration and could initially deny benefits. You may be required to request a fair hearing.
  • What Can Seniors and Their Families To Legally Protect Themselves In These Dire Times?   
    Description: It feels like the sky is falling. Every week a client is coming telling us of a job loss or home loss. Medicaid has cut back on funding. The local senior service agencies have three to six month waiting lists for home health care services. The Visiting Nurses are telling us that Medicare has changed how it pays for home care after a hospital stay as well. It looks like quite a few people will be losing services. So what can you do to legally protect yourself in these dire economic times?
  • Gift tax annual exclusion to remain unchanged in 2010. Contact us to see how this factors into your estate plan   
    Description: The Internal Revenue Service recently announced that the 2010 gift tax annual exclusion will remain unchanged at $13,000. The annual amount of the exclusion is based upon the Consumer Price Index, and the exclusion has increased gradually from $10,000 in 1997 to $13,000 in both 2009 and 2010.

    As such, so long as your gifts to an individual are less than $13,000 in 2010, there is no gift tax return required to be filed and no gift taxes are due. A married couple can gift $26,000 to each individual, as each spouse receives an exclusion without creating a gift tax liability.
  • Gift tax annual exclusion to remain unchanged in 2010. Contact us to see how this factors into your estate plan   
    Description: The Internal Revenue Service recently announced that the 2010 gift tax annual exclusion will remain unchanged at $13,000. The annual amount of the exclusion is based upon the Consumer Price Index, and the exclusion has increased gradually from $10,000 in 1997 to $13,000 in both 2009 and 2010.

    As such, so long as your gifts to an individual are less than $13,000 in 2010, there is no gift tax return required to be filed and no gift taxes are due. A married couple can gift $26,000 to each individual, as each spouse receives an exclusion without creating a gift tax liability.

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Veterans Benefits

  • Veterans: do you qualify for more than just a pension?   
    Description: Veterans who are struggling to make ends meet, take heart: you could qualify for VA benefits in addition to your pension. Aid and Attendance (A&A) or Housebound benefits are available for disabled veterans who need special care or for veterans confined to their home or living space. The attorneys at Shields & Boris can help you with your veterans benefits claim.

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Special Needs Trust

  • Part 12 of 12 - Facts Every Special Needs Family Must Know About Estate Planning   
    Description: As the parent of a special needs child you and your family confront many challenges. However, securing your child’s financial future doesn’t have to be one of them. Taking the time now to develop a comprehensive financial plan means a secure, comfortable life for your child and piece of mind for you.

    This report is designed to inform families with special needs children about the various kinds of estate plans, suggest the advantages and disadvantages of each, and assist you in identifying the kind of information to gather and share with your lawyer and financial planner.

    You are Your Child’s Biggest and Most Important Advocate
  • Part 11 of 12 - Facts Every Special Needs Family Must Know About Estate Planning   
    Description: As the parent of a special needs child you and your family confront many challenges. However, securing your child’s financial future doesn’t have to be one of them. Taking the time now to develop a comprehensive financial plan means a secure, comfortable life for your child and piece of mind for you.

    This report is designed to inform families with special needs children about the various kinds of estate plans, suggest the advantages and disadvantages of each, and assist you in identifying the kind of information to gather and share with your lawyer and financial planner.
  • Part 9 of 12 Facts Every Special Needs Family Must Know About Estate Planning   
    Description: Call 1-800-879-0984 for a no-obligation review of your plan or come to one of our upcoming special needs seminars. The peace of mind that proper planning for your special needs child gives you will far outweigh any time and expense it takes to get a plan in place. We look forward to working with you and helping you achieve that peace of mind for you and your special needs child.
  • Part 8 of 12 - FACTS EVERY SPECIAL NEEDS FAMILY MUST KNOW   
    Description: Call 1-800-879-0984 for a no-obligation review of your plan or come to one of our upcoming special needs seminars. The peace of mind that proper planning for your special needs child gives you will far outweigh any time and expense it takes to get a plan in place. We look forward to working with you and helping you achieve that peace of mind for you and your special needs child.
  • Part 7 of 12 - Facts Every Special Needs Family Should Know About Estate Planning   

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General

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