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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Estate Plans Must Clarify “Right Things”

Posted on October 2, 2018 by Hawkins Elder Law.

When an estate plan depends on someone to “do the right thing,” someone will inevitably dispute

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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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Avoiding Probate is Easy – But Not Always Wise

Posted on May 23, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] We have heard people tell us for decades that they want to “avoid probate.” They say it as if they want to avoid cancer. Most people have no idea what it is that they think they should avoid. Fewer people know that the “probate” concept […]

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Getting Married? Get A Prenuptial Agreement First!

Posted on April 18, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] What comes to mind when you think of a prenuptial agreement? If you are like most people, you probably think about wealthy celebrities protecting their wealth from divorce. You may also think that a person would have to be a greedy, heartless jerk to ask […]

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Costly Delay: Importance of Mental Capacity in Estate Planning

Posted on April 8, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Too people say about estate planning, “I’m not ready for that yet.” A person must be able to think clearly enough to make a will, trust, power of attorney, deed, health care directive or other estate plan document. As we wrote in our blog article, […]

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Estate Planning Is More Than Forms

Posted on April 2, 2017 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] Several years ago, our daughter’s kindergarten teacher shared with us a simplistic job description that our daughter gave to the class about her lawyer parents. When asked what her parents did for a living, our daughter said, “They type and click.” Many people have a […]

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Signing Documents Is a Big Deal

Posted on March 12, 2017 by Hawkins Elder Law.

Indiana is on the front line of a legal services technological revolution. LegalZoom is pushing a bill to allow electronic signatures of wills, trusts, powers of attorney, and other estate planning documents, while the Indiana Secretary of State driving an electronic notarization bill. Indiana State Bar Association members are working to fix serious defects in […]

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Don’t Short-Circuit Your Estate Plan

Posted on October 4, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] If a person has made a will, a power of attorney, an advance health care directive, or a trust, the person may think that those documents create a dependable estate plan. Unfortunately, many people do not realize that an estate plan includes every kind of […]

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Does the law really change enough to make estate plan updates important?

Posted on September 20, 2016 by Hawkins Elder Law.

[See our Disclaimers page about relying on this website’s contents.] We have written more than once in our blog about the need for people to update their estate plans regularly. We get questions from people sometimes about whether the law really changes enough to justify estate plan updates. This week, we answer that question with […]

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