If you’re worried about how nursing home costs could affect your family’s financial security, there are practical steps you can take now to protect yourself from nursing home spend-down. A Medicaid planning attorney in Columbia, MD, can help you protect what matters most while ensuring you’re prepared for the future.

Strategies to Protect Assets From Nursing Home Spend-Down

Medicaid Rules

Medicaid rules include some built-in safeguards that can prevent someone from losing everything when their spouse needs extended nursing home care. These are known as spousal impoverishment protections.

The community spouse, which is the spouse still living at home, can keep a set amount of the couple’s combined countable resources. If the community spouse’s own income falls below the minimum monthly maintenance needs allowance (which is around $2,600 to $4,000 for 2026), then a portion of their spouse’s income is protected from Medicaid and nursing home expenses and can be used for the community spouse’s needs.

Preserving Exempt Assets and Making Allowable Expenditures

Not every asset you have counts toward Medicaid’s limit, so another strategy is to move assets around so that as much as possible is protected. You can keep your primary home so long as its value is below the limit and your spouse or a dependent lives there. You can also keep one vehicle, household goods, personal belongings, and a small burial fund.

One effective strategy is converting countable assets into exempt ones through allowable spending. There are a number of areas where you can spend, such as funeral pre-planning, buying a car, or improving your home ​in certain ways. ​Our team of lawyers, CPAs, and financial advisors can help you design a plan that meets your needs.

Trusts and Advance Planning Tools

Irrevocable trusts are a great way to shield your assets, but timing matters a lot here. If you transfer assets into a Medicaid asset protection trust, you must do so at least five years before you apply for benefits. Transfers made too close to the time of your application will trigger a penalty period of ineligibility equal to the transferred amount divided by the state’s average monthly nursing home cost. However, when you set up these trusts correctly and early, they remove assets from your countable estate while allowing you to retain some control over distributions.

Another option is a Medicaid-compliant annuity. This annuity names Maryland as the first beneficiary of any remaining benefit at the death of the community spouse. The annuity has to be irrevocable so that the spouse can’t borrow against it or accelerate payments. If Maryland puts a Medicaid lien on your estate, the remaining funds in the annuity once both spouses have passed away are payable to Maryland Medicaid.

Talk to a Medicaid Planning Attorney in Columbia, MD

These are just some of the available strategies, and Medicaid rules are notoriously complicated. We can help you come up with a plan that will protect you and your loved ones. Contact Elville and Associates in Columbia, MD today, or reach out to our Annapolis or Rockville offices to schedule a free consultation.

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Beneficiary designations can be a great way to make sure that certain assets go straight to a loved one or charitable organization without the need to go through probate. However, your designations need to be carefully coordinated with your will and any trusts you set up, and a Columbia, MD estate planning attorney can help you make sure this is done correctly.

How Beneficiary Designations Coordinate With Your Will or Trust

To properly understand how this works, you need to grasp:

• What a beneficiary designation is
• Why you would set one up
• How designations coordinate with a will
• Rules for choosing beneficiaries

What Is a Beneficiary Designation?

There are certain assets where you can designate a beneficiary who will immediately receive that asset upon your death. The most common of these is a life insurance policy. Whoever is the designated beneficiary of your life insurance receives the payment , and that money does not go into your estate and is not figured as part of your will. This means it does not go through probate.

Why Would You Set One Up?

You might wonder why you would set these up if your will already designates family members as beneficiaries to your estate. You certainly can choose to designate your own estate as the beneficiary of your account accounts, but one of the key reasons to set individual designated beneficiaries is to allow your family to avoid the probate process, which in Maryland can be very long and expensive.

How Do Designations Coordinate With a Will?

This is where things can get tricky and why it’s important to have an estate planning lawyer help you set everything up. Generally speaking, your designated beneficiaries will take precedence over the terms of your will. You want to make sure that there are no instructions in your will that conflict with your designations so that there’s no confusion in the probate process or personal conflict among your family members.

Even worse, that interference could actually prevent your will from being executed according to your wishes. This is why some designations go directly to the estate.

Who Can Be a Designated Beneficiary?

It depends on the type of account. For life insurance, nearly anyone over 18 can be designated, and if you wish to designate a minor, the money would go to their guardian or into a trust until they turn 18.
You can also designate charities, churches, or other entities, like your business.

With retirement accounts, things are trickier. Under the SECURE Act, only surviving spouses, minor children, disabled or chronically ill individuals, and those who are less than 10 years younger than you can be designated.

Get Help from a Columbia, MD Estate Planning Attorney

The best way to be sure your designations and your will are coordinated is to work with an experienced attorney from the start. Set up a consultation with us at Elville and Associates at our offices in Columbia, Rockville, or Annapolis today, and we’ll guide you through the process.

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A proposed tax on the net worth of California billionaires is sending shockwaves across the country.  The controversial state law introduced on October 21, 2025, would impose a one-time, five percent tax during the lifetime of its residents.  This type of tax on an individual’s “net worth” is similar to an estate tax, which taxes a decedent’s estate at death, and should now be part of estate planning and asset protection conversations in Maryland, the District of Columbia, and beyond.

What Is the California Billionaire Tax?

Initially, the law was proposed by a healthcare justice union as a way to pay for healthcare costs for the state’s low-income residents who will lose Medicaid coverage in the wake of federal funding cuts in the One Big Beautiful Bill Act (“OBBBA”); one estimate suggests the tax could generate $100 billion in revenue over five years.  Supporters of the proposal argue that it is unfair that many billionaires shield their primary assets – such as corporate stock, investments, and real estate – from being taxed during life and at death.  Proponents believe the tax is fair because billionaires benefited the most from OBBBA.  The proposal will be on November’s ballot if enough residents sign the initiative.

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At Elville and Associates, delivering consistent, high-quality service to our clients depends on strong leadership and coordination behind the scenes.

We are proud to announce that Vonda Dubard has been promoted to Practice Group Manager at Elville and Associates.

In this role, Vonda helps lead and coordinate the firm’s core practice groups—ensuring attorneys and staff work seamlessly together, workflows are efficient, and every client receives thoughtful, organized estate planning and elder law services. Practice groups play a critical role in supporting complex planning, maintaining quality standards, and guiding matters smoothly from start to finish.

Vonda’s deep knowledge of the firm, steady leadership, and commitment to exceptional client service make her exceptionally well suited for this position. Her promotion reflects both her professional skill and the trust she has earned from colleagues and clients alike.

Please join us in congratulating Vonda on this well-deserved achievement!

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A life estate can be a useful planning tool for some Maryland families who want to protect a home, avoid probate, and plan ahead for the future. At the same time, life estates create permanent legal and financial consequences that are often misunderstood. Knowing when a life estate works well and when it creates long-term problems is essential before moving forward.

This article explains how life estates function in Maryland, common risks families encounter, how life estates interact with Medicaid planning, and alternatives that may offer greater flexibility.

What Is a Life Estate?

A life estate allows more than one person to hold ownership interests in the same property at different times. In Maryland, this typically allows a parent to live in and control a home for life while naming children or other individuals to receive the property automatically after death.

The person living in the home is called the life tenant. The individuals who will receive the property later are known as remaindermen. While remaindermen cannot take possession during the life tenant’s lifetime, they hold a present ownership interest in the property.

Life estate deeds are often used to avoid probate, support long-term planning goals, and simplify the transfer of a home. These benefits must be balanced against the legal limitations created by the deed.

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A life estate can be a helpful tool for Maryland families looking to protect their homes, avoid probate, and plan for Medicaid. It is important to understand the risks involved. This article explains common life estate issues and why careful legal planning matters before deciding if this approach fits your situation.

What Is a Life Estate?

A life estate allows multiple people to hold interests in the same property at different times. In Maryland, this often means a parent keeps possession and use of their home while ensuring it passes to their children without going through probate.

By creating a life estate deed, families may avoid probate, reduce Medicaid exposure, and receive a step up in tax basis.

The person living in the home is known as the life tenant and retains control during their lifetime. The individuals who inherit the property are the remaindermen. Although they cannot take possession until the life tenant passes away, they hold a current ownership interest.

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There are many types of trusts that can protect your estate, but choosing the right trust for your needs requires experience and extensive knowledge of the law, related tax issues, and more. Talk to a trusts and estates lawyer here in Columbia, MD to get details on all the trust options and decide what will work best with your goals.

From a Trusts and Estates Lawyer in Columbia, MD: Meeting Your Goals With Revocable and Irrevocable Trusts 

A revocable trust is often the best choice if you want to keep full control of your assets and are just looking for a simple way to avoid probate and ensure that things smoothly transfer upon your death. You can make updates to this trust as your life circumstances change. These trusts are particularly useful if flexibility is one of your primary goals.

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Families often take comfort in knowing that a Special Needs Trust is in place. It represents foresight, care, and a long-term commitment to protecting a loved one with disabilities. What many families do not realize is that creating the trust is only the first step. Over time, changes in law, finances, benefits programs, and family circumstances can quietly undermine even a well-drafted trust if it is not reviewed and updated.

Understanding when a Special Needs Trust should be revisited can help ensure it continues to do what it was designed to do: preserve benefits, provide supplemental support, and protect your loved one’s quality of life.

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Authored by: Jeffrey D. Stauffer – Community Relations Director 

It was announced on Friday, December 19^th that Managing Principal Stephen Elville, Principal Attorneys Shannon Goodwin and Shannon Ladner, and Associate Attorney Sara von Stein Echeverria were honored on the 2026 Maryland Super Lawyers and Rising Stars Lists.  

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Most people think about passing down a home, savings, or family heirlooms when they plan their estate. What many families overlook is something just as important. Your digital life. Everything from online bank accounts and cryptocurrency to photos stored in the cloud represents real assets with both financial and emotional value. Without a clear plan, family members can struggle to access or manage these accounts, and in some cases, they may lose them entirely.

This is why digital asset planning has become a key part of modern estate planning. Understanding what happens to digital assets after death will help you organize your accounts, protect your information, and make things much easier for your loved ones.

What Counts as a Digital Asset

A digital asset is anything you own or control in digital form. This category is much wider than most people realize. It includes:

• Email accounts

• Online bank and investment accounts

• Cryptocurrency and digital wallets

• Social media profiles

• Cloud storage with photos, videos, and documents

• Online businesses, websites, or domain names

• Loyalty and rewards accounts

• Subscription services

• Digital content such as music, ebooks, or purchased apps

Each of these assets may require a separate process for access or transfer, and not all companies allow family members to manage accounts unless you have planned in advance.

What Happens to Digital Assets Without a Plan

If you pass away without leaving clear instructions, your heirs may run into several challenges. Passwords are usually the biggest roadblock. Even if a family member knows your login information, many companies prohibit unauthorized access. This can lead to frozen accounts, lost digital property, or months of delay while families try to work with customer service departments.

Social media accounts may stay active indefinitely unless a designated person is allowed to memorialize or remove them. Cryptocurrency can be lost forever if no one can reach the private keys. Cloud photos and important documents may disappear once subscription payments stop.

These problems are common, and they create unnecessary stress during an already difficult time.

How to Prepare Your Digital Estate

The good news is that a few simple steps can bring clarity and control to your digital life.

1. Make a Full Inventory

List all of your digital accounts and assets. Include login instructions, security questions, and notes about how each account is used.

2. Store Your Information Securely

Use a password manager or a secure location that your executor or trustee can access. Never rely on sticky notes or scattered documents that can be lost or misinterpreted.

3. Name a Digital Executor

Some states recognize a digital executor. This person can manage your online accounts, close or transfer digital property, and follow your instructions.

4. Add Digital Provisions to Your Estate Plan

Wills and trusts can include language that authorizes someone to access your digital accounts. Without this language, companies may refuse to release information, even to the personal representative of your estate.

5. Use Built In Legacy Tools

Platforms like Google, Apple, and Facebook allow you to choose who can access your account or data after your passing. This adds an extra layer of protection and helps ensure your wishes are followed.

Start Planning Your Digital Legacy Today

Digital assets are now a meaningful part of everyday life. Taking time to organize and plan for them can prevent confusion, protect your privacy, and help your loved ones handle your affairs with confidence.

If you would like help building a thoughtful and comprehensive estate plan that includes your digital life, the team at Elville and Associates is here to guide you. Contact us online to schedule a conversation.

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