Archive for the Irrevocable Trusts Category

Income Only Trust: Beware Of Termination Clause

In 2009 Massachusetts Superior Court decided the case of Doherty v. Director of Medicaid (Mass. App. Ct., Essex, No. 08-P-939).  Although this case was decided a couple of years ago in another state, it bears review here in the PA Elder Law arena.  This case deals with […]

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Cornerstone Documents For A Strong Estate Plan

Many people believe that their estate planning is finished when they have prepared and signed a Last Will.   There are several documents including, but not limited to, powers of attorney, revocable trusts, irrevocable trusts and medical directives that are likely necessary to establish the cornerstone of a […]

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Gifts of Low Capital Gains Basis Assets To Medicaid Asset Protection Trust

The gifting of assets in order to protect them from being spent on long term nursing care is a common Elder Law planning option.  The initial decision to make gifts will be dependent on various factors including, but not limited to, the Medicaid gifting rules, the total […]

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