DNR vs. Life Sustaining Treatment

Every estate plan should include a document naming someone else to handle medical decisions when you are no longer able to.  The terminology most commonly associated with this document includes: a medical directive, advanced directive, living will, patient advocate, and health care power of attorney.  No matter the name, this document contains important language about… continue reading

Have You Funded Your Trust?

One of the primary reasons people create a trust is to avoid probate.  A revocable living trust is the most typical trust used to ensure that your wishes are carried out.  But sometimes this well-intended plan falls short if the trust is never funded. I always tell clients that their estate plan is not done… continue reading

Rule Change: Protecting a Home and Medicaid Benefits

Many people who require in-home care, assisted living, or nursing home care rely on Medicaid programs to help pay for their care when they do not have enough funds to pay for it on their own.  Historically, the Medicaid applicant’s home (if not in a revocable living trust), has been a non-countable/exempt asset for Medicaid… continue reading

What Will a Terror Clause Do for Your Trust?

Terror is not a word regularly associated with a trust but there are times when the two terms meet. A “terror clause,” “in terrorem clause,” or “no-contest clause” can be used in both wills and trusts to warn someone to think twice about contesting the terms of a will or trust. The clause usually states… continue reading