Frequently Asked Questions

My assets are nominal, why do I need a Will?
A Will is a “letter of instruction” and is one way you can be sure your assets are distributed in accordance with your wishes after your death. If an individual does not have a Trust or a Will, the probate court will oversee distribution of your estate in accordance with state laws. A written Will, or a Trust, will assure your wishes are carried out after your death.

Why do I need a Power of Attorney?

A Power of Attorney allows you to choose someone you trust to manage your affairs if you are incapacitated or unable to do so, thus avoiding a Guardianship and/or a Conservatorship.

How do I pay for long-term care and still leave an inheritance for my children?

A well constructed long-term care and/or estate plan prepared by an Elder Law attorney will allow you to preserve your assets for future generations as well as assure that your needs are taken care of as long as you live.

Does dad need to sell his home if mom goes into the nursing home?

No, it is best to consult with an Elder Law attorney before selling or transferring any property when mom or dad have entered a nursing home or may need nursing home care.

What will happen to our adult child, who has Down’s Syndrome, after my husband and I pass away?

With a properly prepared Trust, assets can be set aside and your child can remain eligible for government sponsored benefits such as housing and Medicare so your child’s needs will be taken care of even after your death.

My mother died, but I have a Power of Attorney. Can I continue to sign her name and pay her bills?

No, your authority to sign as attorney-in-fact under a Power of Attorney ceases at the time of her death.

Will the nursing home put me out on the street if I am unable to pay?

Before the nursing home can force you to leave, they must provide you a written notice stating the reasons for discharge. You can request that a review be conducted by the Division of Aging. If you have a Medicaid Application pending, the nursing home may not discharge your for non-payment.

Can the State force us to sell real estate before we apply for Medicaid?

The State can not force you to sell the applicant’s personal residence, which is an exempt assets. However, after death, the State may attempt to recover payment of Medicaid benefits from your estate.

Dad doesn’t get around well. Will the attorney come to his home/hospital/nursing home?

Yes, just contact Senior and Special Needs Solutions, LLC and one of the attorneys will be happy to meet with you and your family.

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