Thought for the Day” #1277 – by Stephen R. Elville, J.D., LL.M.

August 19, 2019

How assets are titled at death ultimately determines whether the estate or elder-law plan works as it was intended. After the passage of time and after all events and all considerations have long since come and gone, this is the final conclusion – the moment of truth in estate planning: were the assets titled properly …

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Thought for the Day” #1276 – by Stephen R. Elville, J.D., LL.M.

August 16, 2019

In estate planning, there is only one thing that ultimately matters – regardless of whether a person has a will, a will substitute (revocable living trust), or no estate planning documents at all – and that question is this: how were the assets titled at the time of death? #elvilleeducation


Thought for the Day” #1275 – by Stephen R. Elville, J.D., LL.M.

August 14, 2019

Although shrouded in mystery, the so called “five (5) year period” for Medicaid transfers is not hard to understand, and is easily begun, either through an outright divestment of assets or a transfer of assets into trust. The bigger question for most people is what will happen during the five (5) years following the transfer …

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Thought for the Day” #1274 – by Stephen R. Elville, J.D., LL.M.

August 13, 2019

IRA and qualified plan beneficiary designations must be carefully considered, as they have significant impact on continued tax deferral and asset protection for the beneficiary, and downstream control (where desired) for the plan participant (account holder). #elvilleeducation


Thought for the Day” #1273 – by Stephen R. Elville, J.D., LL.M.

August 12, 2019

“A will is a legal roadmap that directs the disposition of one’s tangible personal property and intangible property, identifies specific bequests (if any), sets forth how the residuary or balance of property will be distributed, and provides for a contingent or ultimate plan of distribution should unforeseen circumstances cause a catastrophic failure of the planned …

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Thought for the Day” #1271 – by Stephen R. Elville, J.D., LL.M.

August 8, 2019

Reasons for having a will include providing certainty for loved ones, avoiding the statutory scheme of distribution (intestacy, to be discussed in tomorrow’s blog), naming guardians for minor or disabled children, appointing personal representatives and trustees, avoiding disputes between family members, providing for the protection of spouses, children, and other beneficiaries, setting forth your intentions …

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Thought for the Day” #1270 – by Stephen R. Elville, J.D., LL.M.

August 6, 2019

The classical musician plays by reading music, or from memory, in a planned setting, while it is said that the accomplished jazz musician plays from a repertoire of somewhere between 150 to 250 songs, sometimes not knowing what song they will play or which key they will play in until they are on stage. In …

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Thought for the Day” #1269 – by Stephen R. Elville, J.D., LL.M.

August 5, 2019

As discussed in last week’s blog, organization is another aspect of the maintenance and updating of your estate or elder law planning. It can and will save you money. But transcending mere financial considerations, organization can and will significantly ease the burdens of administration on your loved ones when the curtain of life’s Act Three …

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Thought for the Day” #1268 – by Stephen R. Elville, J.D., LL.M.

July 25, 2019

Mental disabilities take many forms, and not all of them affect the ability of a person with special needs to make decisions. In fact, although many people with either mental illness or some form of cognitive disability may require significant care, they can still carry out most day-to-day activities. In many cases, people with disabilities …

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