MARRIED IRA OWNERS SHOULD UPDATE ESTATE PLANS

Posted on February 8, 2020 by Hawkins Elder Law.

Married IRA owners should update estate plans to address SECURE Act changes to IRA taxation and new Indiana Medicaid policy. This article explains why.

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MEDICAID APPLICATION TRIAL AND ERROR

Posted on July 16, 2019 by Hawkins Elder Law.

Medicaid application trial and error creates big problems for nursing home residents. Unfortunately, it is a common practice that creates financial nightmares for nursing home residents’ families. This article explains common Medicaid application problems and suggests when people should seek professional help from experienced elder law attorneys. Medicaid Application Trial and Error – Repetition Doesn’t […]

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MEDICAID & PRENUPTIAL AGREEMENTS – PART 2

Posted on April 18, 2019 by Hawkins Elder Law.

This conclusion of our two-part series about Medicaid and prenuptial agreements explains how Medicaid treats prenuptial agreements.

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MEDICAID & PRENUPTIAL AGREEMENTS – PART 1

Posted on March 28, 2019 by Hawkins Elder Law.

This article begins a 2-part explanation of how Indiana Medicaid deals with a remarried couple’s assets when one spouse requires nursing home care if the couple made a prenuptial agreement before they married.

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Does a Nursing Home Take Everything When You Need Nursing Home Care?

Posted on May 29, 2018 by Hawkins Elder Law.

We have heard variations of the myth over the years: “A nursing home will  take everything.” Savvy people rely on facts, not myths, and prepare for nursing home care before a health crisis strikes. Those people use the facts and laws to plan ahead and protect property and savings lawfully and legitimately. This article presents the facts. It also […]

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Spendthrift, Special Needs, “Miller” & Other Protective Trusts

Posted on January 12, 2018 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Trusts are tools that estate planning lawyers use to solve or avoid money management and property management problems for clients. Protective trusts protect assets from problems plaguing the trusts’ beneficiaries. Protective trusts are increasingly common as lawyers and clients focus on solving problems that do not necessarily […]

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Spouses of Nursing Home Residents: Avoid These Medicaid Traps!

Posted on June 25, 2017 by Hawkins Elder Law.

The financial pitfalls facing a married couple when one spouse requires nursing home care are wide, deep, and surprisingly hidden. The emotional pain of a married person’s admission of his or her spouse to a nursing home rivals the painful experience of a spouse’s death. Unfortunately, critical financial decisions rush toward the healthier spouse like […]

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Financial Protection When Your Spouse Needs Nursing Home Care – Part 2

Posted on September 4, 2016 by Hawkins Elder Law.

This article concludes a two-part series about how state and federal law can save a nursing home resident’s spouse from poverty and how an experienced elder law attorney can help the spouse increase the amount of assets protected from expensive long-term care. In our first article (Financial Protection When Your Spouse Needs Nursing Home Care […]

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Financial Protection When Your Spouse Needs Nursing Home Care – Part 1

Posted on by Hawkins Elder Law.

Nursing home bills usually turn a person’s world upside down when his or her spouse requires nursing home care (the average Indiana nursing home bed costs $7,167 per month in 2022). This article begins a two-part series about state and federal law can save a nursing home resident’s spouse from poverty, and how an experienced […]

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My Spouse Is in a Nursing Home – Will I Lose Everything?

Posted on February 28, 2016 by Hawkins Elder Law.

The State of Indiana has published that Indiana nursing home care costs an average of more than $71,000 per year. Fortunately, federal law protects most spouses of nursing home residents from impoverishment. Here are some Indiana’s spousal impoverishment rule features: The Spousal Impoverishment Protection Law applies for nursing home admissions occurring on or after September […]

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