Message From Peter

This month I was at the  18th Annual  Advanced Elder Law Workshop in Wisconsin Dells.  This is a great continuing education program, to keep our skills sharpened.  This is an area of law where it is important to stay on top of changes in the laws, new techniques and planning strategies.

I am also honored to have been elected as the Chair of the Wisconsin Chapter of the National Academy of Elder Law Attorneys, and have just finished a year as Chair of WisPACT, Inc., a pooled and community trust for disabled individuals. 


Should My Mother's Will Be Changed Now that My Brother Is in a Nursing Home?

My 92-year-old mother has a trust that divides her assets three ways (me, my brother, and my sister) when she dies. My brother was recently diagnosed with dementia and will have to spend the rest of his life in a nursing home. Will my brother's third of the assets have to be turned over to the nursing home? If so, should my mom change her will? If not, and my mom passes away, should I put his share in a trust until he is either recovered or passes away? Thank you. 

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Can I Refuse to Serve as Executor?

I no longer want to be named as executor for my mother-in-law upon her passing. How can I resign?

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Medicare Now Covers Conversations About End-of-Life Care

Medicare has made discussions with health care providers about end-of-life options a covered benefit.   

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Am I Liable for My Spouse's Nursing Home Bill?

If my husband is in a nursing home and he depletes all his assets, will I be responsible for his nursing care costs, even if my assets are tied up in an IRA?

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How Your IRA Can Benefit Both Your Heirs and Charity

Do you want to use your IRA to help a charity, but also benefit your heirs? Instead of leaving your IRA directly to your children, you can leave it to a charitable remainder unitrust (CRUT) while still benefiting your children.

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Should an Annuity Be Part of Your Retirement Planning?

Annuities can be valuable retirement and longevity planning tools, but they are complex financial products that can be misused. 

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The Hardship Exception to the Medicaid Penalty Period: Rare But Possible

If you transfer assets within five years of applying for Medicaid, you will likely be subject to a period of ineligibility. There is an exception, however, if enforcing the penalty period would cause the applicant an "undue hardship."

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