News & Analysis as of

Spouses Elder Issues

Downey Brand LLP

Court of Appeal Caps Pretrial Attachment in Financial Elder Abuse Cases

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Plaintiffs who sue for financial elder abuse run the risk that defendants will spend ill-gotten gains before they can be recovered. To address this problem, the California Legislature gave plaintiffs the opportunity to...more

Kohrman Jackson & Krantz LLP

Special Considerations For Divorces Involving Middle-Aged And Older Americans: Part 2

PART 2: DIVISION OF ASSETS AND DEBTS, RETIREMENT BENEFITS, AND ESTATE PLANNING MATTERS - As discussed in Part One of our two-part series detailing the social phenomenon know as “grey” divorce, a number of recent studies,...more

Kohrman Jackson & Krantz LLP

Special Considerations for Divorces Involving Middle-Aged and Older Americans: Part 1

PART 1: SPOUSAL SUPPORT, ACCESS TO HEALTH INSURANCE, AND ADULT CHILDREN - In recent years, the growth in the divorce rate among middle-aged and older American couples has been an interesting trend that many researchers have...more

Ruder Ware

Wisconsin Department of Health Services Increases Monthly Spousal Income Allowance

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The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) will be increased from $2,873.34 to $2,903.34 starting on July 1, 2021.  As part of laws designed to...more

Ruder Ware

My Spouse is in a Nursing Home and Receiving Medicaid Benefits, Is There Anything Else I Need To Do?

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Donna’s husband Phil is in a nursing home and receives Medicaid benefits to pay for his care (a.k.a. Medical Assistance or Title-19). Donna wants to make sure Phil’s Medicaid remains in place and is protected, so she wants to...more

Ruder Ware

Monthly Spousal Income Allowance Increased

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The Wisconsin Department of Health Services recently announced the “minimum monthly maintenance needs allowance” (“MMMNA”) has been increased from $2,818.34 to $2,873.34 starting July 1, 2020. As part of laws designed to...more

Downey Brand LLP

New California Statutes Change Spousal Undue Influence Presumptions

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California trust and estate disputes often involve allegations that a surviving spouse took advantage of a deceased spouse so as to get more of the latter’s assets. Often the “spousal financial abuse” charges are leveled by...more

Chambliss, Bahner & Stophel, P.C.

Medicaid Protections for the Healthy Spouse

Medicaid law provides special protections for the spouses of Medicaid applicants to make sure the spouses have the minimum support needed to continue to live in the community while their husband or wife is receiving long-term...more

Ruder Ware

My spouse is on Medicaid, now what?

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It is common for a client whose spouse is receiving Medicaid to lack adequate estate planning to protect those Medicaid benefits in the event the client dies before their spouse. Yet, after all of the time and energy spent to...more

Ruder Ware

Is My IRA Safe From the Nursing Home?

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After working and saving, clients are concerned that unexpected costs will become unplanned for drains on their Retirement Accounts (e.g, 401(k), IRA, Roth IRA, 403(b), etc.). As the need to pay for nursing home care nears,...more

Chambliss, Bahner & Stophel, P.C.

Window Closing for Couples to Use 'Claim Now, Claim More Later' Social Security Strategy

Spouses who are turning full retirement age this year are the last group who can choose whether to take spousal benefits or to take benefits on their own record. The strategy, used by some couples to maximize their benefits,...more

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