Webber Law PLLC

Here is an article on organ donation from our legal intern, Kayla Shellenhamer.

Donate Life by: Kayla Shellenhamer

This is a good article which explains capital gains and what role they play when inheriting property. The concept of "stepped-up basis" is important to understand and often not explained to clients properly.

As the article indicates it is often rare for individuals to pay capital gains tax on inherited property. However, it can happen with a poorly drafted trust.

If you are considering a trust remember to ask your attorney whether the trust assets retain a step-up in basis after you pass away.

Capital Gains on Inherited Property Inheritance can make your taxes tricky. If you inherit property or assets, as opposed to cash, you generally don’t owe taxes until you sell those assets. These capital gains taxes are then calculated using what’s known as a stepped-up cost basis. … Continue reading → The post Capital Gains o...

This article is a great resource in learning the basics of how a married couple can qualify for Medicaid without depleting their resources when one spouse enters a nursing facility. I often use these types of annuities to assist couples to preserve resources when one spouse enters a nursing home. If you or someone who know has a loved one entering a nursing home, they may be able to save significant sums using this strategy.

A ‘Medicaid annuity’ may be a useful option when your spouse needs nursing home care While some couples "spend down" their assets to qualify for Medicaid, another option may be an annuity that converts assets into income.

This is an interesting article on how Russian oligarchs were evading western based sanctions at the start of the Ukrainian war. The use of irrevocable trusts can play a similar role when seeking to preserve assets from long-term care. I regularly create irrevocable trusts for clients who are seeking to protect their assets for their family in the event a long-term care issue arises. If the client understands the concept and is willing to give up control of the asset for the benefit of their beneficiaries, these trusts can be great tools.

The sanctioned oligarch Alisher Usmanov, the 5th-richest person in Russia, previously transferred his assets to trusts and doesn't own them anymore: report Alisher Usmanov's spokesperson told Reuters his properties were transferred to irrevocable trusts in 2006 for estate-planning purposes.

This article drives home a great point. You should not just create an estate plan and forget about it. You need to regularly review and update according to your specific circumstances. I recommend the "4 D's":

Divorce

Death

Disability

Every Decade

When it comes to a will or estate plan, don't just set it and forget it. You need to keep them updated There are various life events that should spur a review of your will and other end-of-life planning documents.

It is a good idea for everyone to have a Will. But sometimes even a Will is not enough. This article highlights some circumstances when a Will may not be enough.

The section regarding disinheriting a spouse is particularly relevant to my elder law clients due to Pennsylvania's elective share laws. But there are helpful strategies than can be utilized to meet estate planning goals.

Liz Weston: When a will won’t work A common way to bypass probate is to create a revocable living trust and then transfer ownership of your real estate, accounts and other property into the trust. You retain control, but upon your death, the person you name as your successor trustee can distribute your property without a court’s in...

I work with a lot of business owners in my practice. Being a business owner can be chaotic and estate planning is probably the farthest thing from their mind when running a business. However, this article shows why it is still very important.

Estate planning basics for founders and entrepreneurs – TechCrunch This may seem a bit bleak, but having an estate plan will put your mind at ease.

Here is our most recent blog post. I wrote this article in response to a comment I received on LinkedIn. I hope it sheds some light on Pennsylvania's Estate Recovery program.

NAVIGATING PENNSYLVANIA ESTATE RECOVERY I recently posted an article on social media regarding Pennsylvania’s Estate Recovery Program and how to protect assets from Estate Recovery. I thought the article presented a good basic explanation of the Estate Recover...

Have you ever wondered the difference between a nursing home and other types of care? Here is a good article that explains two different types of care. In Pennsylvania, we have both assisted living and personal care options with key difference between each.

If you have any questions about the different levels of care available for a loved one, give us a call.

Assisted Living vs. Nursing Homes What’s the difference between assisted living and nursing homes? Learn about services, costs, and benefits of assisted living vs. a nursing homes to choose for your relative.

Clients often tell me that they think the nursing home is going to "take their house" if they or their spouse end up in a skilled nursing facility. That is not really how it works. Typically, the applicant has to meet certain asset and income requirements. The community spouse is able to keep a certain number of assets.

In Pennsylvania, when a recipient of Medical Assistance dies, their estate may be subject to the Estate Recovery program. Thus, it is important to understand what the program is and how to avoid your assets being subject to Estate Recovery.

Here is an article from a respected Florida attorney on how you can protect your assets from Medicaid Estate Recovery.

If you or a loved one have questions regarding Medical Assistance or the Estate Recovery program, please give us a call. We can help.

How to Protect Your Assets from Medicaid Estate Recovery Understand how Medicaid estate recovery works - here is what you can do to plan for the future and protect your assets.

Here is an article from one of my LL.M. professors at Stetson University regarding how Roth IRAs can impact your estate planning.

Two important benefits of a Roth IRA: 1) they do not require minimum distributions for the owner and potentially a surviving spouse; and 2) they can also grow tax free and there is no income tax on your withdrawal.

The article explains these benefits in much greater detail. If you have any questions about your IRA and retirement planning, please give us a call.

Roth IRAs and Your Estate Planning - Fleming and Curti, PLC Newsletter What are Roth IRAs, and how do they figure into your estate planning? In order to decide what to do with your Roth IRA you need to understand the basics.

This article highlights the importance of long-term care planning. Filial responsibility laws in Pennsylvania may require adult children to pay for their parents' long-term care bills if proper planning was not done in advance.

Are you liable for your parent’s nursing home bills? | MassMutual Adult children may be legally liable for their parents’ nursing home or long-term care bills.

I am looking forward to being a guest Monday January 3rd on a Live Show! Tune in 5:15pm EST to see me on "Should You Take that case? I will be interviewed by Lisa Wade, Owner of Wade Nurse Consultants. The goal of the show is to be a resource for legal professionals who advocate for the injured, by sharing experiences and insights gained while pursuing medical cases. Here's the link. See you there.

Should you take that case? PLEASE LIKE US AND SUBSCRIBE.👌THEN PLEASE TURN ON THE NOTIFICATION POST😎Each week we will have a medical case screening discussion and an attorney intervie...

Here’s to a new year. Happy 2022 everyone.

This is a great article which discusses how an asset protection trust can help preserve wealth and protect assets from the cost of your long-term care.

In Pennsylvania, a grantor could not serve as the trustee or control the assets as this article suggests in the author's "Castle Trust" scenario, but the idea that an irrevocable trust can help preserve wealth and protect assets from the cost of long-term care remains the same.

How Can a Trust Help You Avoid Nursing Home Costs? | Kiplinger An asset-protection trust is one strategy to consider to help preserve your family's legacy, but it must be done thoughtfully ... and early.

Merry Christmas from our family to yours.

We get a lot of questions regarding the "5 Year Lookback." This Yahoo article is one of the better basic discussions of the 5 year lookback and how to avoid it.

If you or a loved one are in a nursing home and have questions about preserving assets and the 5 year lookback, please contact our office.

How to Avoid Medicaid 5-year Lookback Penalties Medicaid is one of the government safety nets that helps seniors pay for their care. Long-term care is a necessity for many seniors as they age and can be very expensive. Medicaid helps to pay for long-term care, but it … Continue reading → The post How to Avoid Medicaid 5-year Lookback Penaltie...

Here's the crazy NFL playoff scenario that would get the 1-10-1 Detroit Lions to the postseason The 1-10-1 Lions can still make the playoffs, they just need 37 things to go their way

Here is a recent article from attorney Douglas Bench on the perils of jointly owned property and how you can enforce your rights as a joint owner. If you are experiencing a dispute with a co-owner of real property and would like to know your rights, give us a call.

Is Jointly Owned Property Causing You a Headache? When two or more people own a piece of property, any party has the right to withdraw from the arrangement via a legal proceeding called a partition action. This is often necessary when property no longer serves the busin...

Hey there coffee lovers! With Thanksgiving being tomorrow, we wanted to take this opportunity to let you know how very grateful we are for all of you!
Every like, comment, share, & purchase means more to us than you could know.

We dreamed this up as coffee lovers, but once we became foster parents, we really pushed to create a brand that not only quenches your coffee craving, but also supports foster children. We know first hand how overwhelming becoming a parent can be, let alone a foster parent! When these 2 sweet souls came to us, they had nothing but the clothes on their backs, and a bag with pjs, a change of clothes, and necessities like toothbrush and paste, shampoo etc. That bag came from a charity called bags of hope, and we are forever grateful. Seems small, but that bag allowed us to bond, instead of running to the store for things.
A portion of our profits will be donated to them this holiday season. Please know that you’re not only supporting our family. You’re supporting kids/foster parents that have had their world literally turned upside down.

Thank you so very much for your support.
-Ryan, Mandi, & 2 very cute, sweet kiddos 🥰

Generational wealth is a common estate planning goal. This article explains techniques on how to create generational wealth, including how whole life insurance can play a role in wealth creation. Whole Life policies can be great tools for building wealth. If you have any specific questions on whole life policies, feel free to reach out.

How to Help Your Family Wealth Last for Generations | Kiplinger Creating generational wealth takes careful planning and thoughtful sharing of intentions, plus the right investment vehicle.

Here is a great article on how 401(k) plans are taxed when you pass away. It also offers some great planning tips. If you have an IRA and unsure how it affects your estate plan, contact us. We can help.

401(k) Inheritance Tax Rules: Estate Planning Inheriting a 401(k) can add a wrinkle to your financial plan from a tax perspective. Under 401(k) inheritance tax rules, any assets passed on from one person to another are taxable. The rules for inheriting retirement plans, including workplace plans … Continue reading → The post 401(k) Inherita...

The VA offers a great benefit to wartime veterans and their spouses. Only a small percentage of Veterans and their spouses are taking advantage of this well-earned long-term care benefit ❗️❗️

This benefit is helpful for many vets and their families because neither Medicare or Medicaid pays for assisted living care in Pennsylvania.

If you need help funding long-term care, the Veterans Aid & Attendance Benefit may be available to you.

👉 It provides up to $1,936 per month to a veteran, $1,244 to a surviving spouse, or $2,295 to a veteran with a spouse.

This is a wonderful program for those who defended our country.
If you want to learn more about this, send us a message anytime, or give us a call -- we are honored to serve our vets!

For those of you that have young children, it is important to know what happens if you pass away without a plan:

1. A judge will decide who has custody of your minor children
2. This person may be responsible financially for your children
3. Your entire estate may go to your children upon reaching the age of 18 without restriction.

If the first 2 things listed above are scary, think about #3. To discuss how to protect your children from themselves, give us a call.

Great article about a growing problem.

The rise of predatory scams -- and how to prevent them Questionable phone calls, concerning emails, heart-rending stories from a sudden new friend in need of endless financial support: elder abuse can take many forms, says lawyer Jane Walsh. And as technology becomes more sophisticated, susceptibility to tricks and scams will increase -- no matter a per...

"America without her soldiers would be like God without His angels." - Claudia Pemberton

An elder law attorney can do more than just assist with efficiently transferring wealth to your heirs and avoiding taxes. Our holistic approach to planning goes further than most. We can assist with identifying current and future care needs, locating appropriate care and resources, and determining how to pay for such care and resources.

Amelia said it best. Many do not want to take the time to do proper estate planning. Some are too busy and some believe that if they avoid it, nothing bad will happen.

However, as Amelia says the best thing to do is to rip the band-aid off and set up an estate plan.

Thinking about purchasing a house or a refinance? We can help walk you through the process.

Cumberland County Bar Association

Now scheduling for our 9/11/2020 Zoom & Learn CLE

"Elder Law Ethics: Representing Clients with Diminished Capacity"

Presented by: Ryan A. Webber, Esq. of Wendaur Law, LLC