<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="/wp-content/themes/feed/atom.xsl"?>
<feed
        xmlns="http://www.w3.org/2005/Atom"
        xmlns:wwe="http://release.wwe.com/atom/1.0"
        xmlns:thr="http://purl.org/syndication/thread/1.0"
        xmlns:taxo="http://purl.org/rss/1.0/modules/taxonomy/"
        xml:lang="en-US"
        xml:base="https://www.pmflaw.com/wp-atom.php"
	>
    <title type="text">The Law Office of Philip M. Flanigan, P.C.</title>
    <subtitle type="text">The Law Office of Philip M. Flanigan, P.C.</subtitle>

    <updated>2026-04-01T16:00:12Z</updated>

    <link rel="alternate" type="text/html" href="https://www.pmflaw.com" />
    <id>https://www.pmflaw.com/feed/atom/</id>
    <link rel="self" type="application/atom+xml" href="https://www.pmflaw.com/feed/atom/?forceByPassCache=0.31357326568687005" />
	
	<generator uri="https://wordpress.org/" version="6.9.4">WordPress</generator>
<icon>/wp-content/uploads/sites/1303897/2022/08/cropped-pmf-fav-icon-32x32.png</icon>
        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[What assets are exempt from probate?]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2025/07/what-assets-are-exempt-from-probate/" />
            <id>https://www.pmflaw.com/?p=255387</id>
            <updated>2026-01-05T13:59:57Z</updated>
            <published>2025-07-01T12:38:05Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Change comes quickly when a parent moves into assisted living. You want to do the right thing, but there’s a lot to manage, including what will happen to their property. Understanding how probate works and which assets are exempt can give you some peace of mind during a stressful time. One important step is understanding what happens to the property…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2025/07/what-assets-are-exempt-from-probate/"><![CDATA[<span style="font-weight: 400;">Change comes quickly when a parent moves into assisted living. You want to do the right thing, but there's a lot to manage, including what will happen to their property. Understanding how probate works and which assets are exempt can give you some peace of mind during a stressful time.</span>

<span style="font-weight: 400;">One important step is understanding what happens to the property and which assets may not need to go through probate.</span>
<h2><span style="font-weight: 400;">What probate does and why it matters</span></h2>
<span style="font-weight: 400;">Probate is the legal process for </span><a href="/probate-and-trust/" target="_blank" rel="noopener" data-wpel-link="internal"><span style="font-weight: 400;">transferring someone’s property after they <span style="box-sizing: border-box; margin: 0px; padding: 0px;">pass away</span></span></a><span style="font-weight: 400;"><span style="box-sizing: border-box; margin: 0px; padding: 0px;">. The court reviews the will, pays any outstanding debts and distributes assets to the rightful beneficiaries. This process can be time-consuming and often involves fees. Avoiding probate can make this process </span>easier for your family.</span>

<span style="font-weight: 400;">That is why it helps to know what assets are already set up to avoid probate.</span>
<h2><span style="font-weight: 400;">Assets that usually avoid probate</span></h2>
<span style="font-weight: 400;">Some property goes straight to another person and does not pass through probate. This means they can be transferred quickly, without needing court approval. These include:</span>
<ul>
 	<li style="font-weight: 400;" aria-level="1"><b>Joint ownership:</b><span style="font-weight: 400;"> Property that transfers automatically to the other owner</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Beneficiary designations:</b><span style="font-weight: 400;"> Accounts that pay out to a named recipient</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Payable-on-death accounts:</b><span style="font-weight: 400;"> Bank funds that go directly to the person listed as a beneficiary</span></li>
 	<li style="font-weight: 400;" aria-level="1"><b>Revocable living trusts:</b><span style="font-weight: 400;"> Assets that are owned by a trust and avoid probate</span></li>
</ul>
<span style="font-weight: 400;">These tools help families avoid delays, court involvement and stress. You can review account documents or property titles to confirm if these protections are in place.</span>

<span style="font-weight: 400;">If the home isn’t already protected, you may need to use tools such as a trust or deed to keep it out of probate.</span>
<h2><span style="font-weight: 400;">How to protect the family home and other properties</span></h2>
<span style="font-weight: 400;">If, for example, your mother owns a house and no longer lives in it, you may be thinking about selling. Before doing that, check how the home is titled. If she owns it by herself, a </span><a href="https://www.findlaw.com/estate/probate/probate-courts-laws.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><span style="font-weight: 400;">trust or a transfer-on-death deed</span></a> <span style="font-weight: 400;">may help keep it out of probate.</span>

<span style="font-weight: 400;">Consider consulting with someone who understands the laws in your state.</span>
<h2><span style="font-weight: 400;">When to talk to an estate planning attorney</span></h2>
<span style="font-weight: 400;">It's okay to ask for help when the decisions feel overwhelming. An <a href="/estate-planning/" data-wpel-link="internal">estate planning attorney</a> can explain your options, guide your next steps and help protect your mother’s assets and your own. Good advice now can help you avoid problems later.</span>
<h2><span style="font-weight: 400;">Moving forward with peace of mind</span></h2>
<span style="font-weight: 400;">It’s normal to feel unsure when you’re caring for a parent and thinking about your future. By asking the right questions and getting help, you can protect your family, reduce stress and move forward with confidence. If you’re also thinking about your own estate, now is a good time to start planning and give your loved ones peace of mind.</span>

<span style="font-weight: 400;">Consulting with an experienced attorney can give you clarity and help you make informed choices for your mother and for yourself.</span>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[What happens to a person’s debts after death?]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2025/01/what-happens-to-a-persons-debts-after-death/" />
            <id>https://www.pmflaw.com/?p=255375</id>
            <updated>2025-01-15T21:23:10Z</updated>
            <published>2025-01-15T21:23:10Z</published>
					<taxo:topics><![CDATA[Probate]]></taxo:topics>
            <summary type="html"><![CDATA[When a person passes away, the handling of their debts can be a complex and emotional process for the surviving family members. It is common to wonder if you will have to pay those bills. Knowing the rules about how to handle debts after a person’s death can help reduce stress for family members. Who pays for the debts a…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2025/01/what-happens-to-a-persons-debts-after-death/"><![CDATA[When a person passes away, the handling of their debts can be a complex and emotional process for the surviving family members. It is common to wonder if you will have to pay those bills. Knowing the rules about how to handle debts after a person’s death can help reduce stress for family members.
<h2>Who pays for the debts a person leaves behind?</h2>
When someone dies, all their assets and liabilities are collectively known as their "estate." In California, the estate is responsible for paying off any debts that the deceased has left behind. <a href="https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PROB&amp;division=7.&amp;title=&amp;part=9.&amp;chapter=2.&amp;article=" target="_blank" rel="noopener noreferrer" data-wpel-link="external">California law</a> specifies the order in which debts should be paid from the estate:
<ul>
 	<li>Costs for managing the estate.</li>
 	<li>Mortgages and liens.</li>
 	<li>Funeral costs.</li>
 	<li>Medical bills from the deceased person’s last illness.</li>
 	<li>Money to support the surviving spouse and young children.</li>
 	<li>Claims for unpaid wages.</li>
 	<li>Other debts</li>
</ul>
The executor, who oversees the estate, pays off these debts in this order. Whatever is left goes to the deceased person’s heirs. If there is not enough money in the estate to cover all the debts, they pay as much as they can following this order. In this situation, lower-priority debts may go unpaid, and the heirs might not receive anything.
<h2>Do you have to pay off your loved one’s debts?</h2>
It is important to note that family members do not usually have to pay the deceased's debts from their own money. However, if the person who passed away <a href="https://www.consumerfinance.gov/consumer-tools/educator-tools/resources-for-older-adults/financial-security-as-you-age/when-a-loved-one-dies-and-debt-collectors-come-calling/" target="_blank" rel="noopener noreferrer" data-wpel-link="external">shared responsibility for their debts</a> – whether as a joint account owner, authorized user or co-signer – the other person on the account may still have to pay.

Handling debts after a death can be challenging. Luckily, an experienced <a href="https://www.pmflaw.com/probate-and-trust/" target="_blank" rel="noopener" data-wpel-link="internal">probate attorney</a> can help. They can give advice specific to your situation and help executors manage everything correctly and legally.

Dealing with the debts a person leaves behind can add an additional layer of stress to their passing. Understanding these key points about managing debts after someone dies in California can help you manage a loved one's estate or plan ahead for your own peace of mind.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Using an estate to protect loved ones from costly estate taxes]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2024/08/using-an-estate-to-protect-loved-ones-from-costly-estate-taxes/" />
            <id>https://www.pmflaw.com/?p=255267</id>
            <updated>2026-01-05T14:01:29Z</updated>
            <published>2024-08-17T22:02:25Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[The main goal for many people putting together an estate plan is to provide economic support for their loved ones after they die. They choose specific family members to inherit certain assets and may attempt to maximize how much of their property passes to their family members. Unfortunately, certain financial obligations can diminish what loved ones inherit from an estate.…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2024/08/using-an-estate-to-protect-loved-ones-from-costly-estate-taxes/"><![CDATA[The main goal for many people putting together an estate plan is to provide economic support for their loved ones after they die. They choose specific family members to inherit certain assets and may attempt to maximize how much of their property passes to their family members.

Unfortunately, certain financial obligations can diminish what loved ones inherit from an estate. The personal representative overseeing probate proceedings for a California estate must resolve the decedent's financial obligations, including taxes owed by the decedent or the estate, before family members inherit from the estate. Careful planning is typically necessary to limit estate tax obligations.
<h2>What estate taxes apply?</h2>
Estates probated in California are subject to federal rules as well as California state statutes. The good news for California testators and their loved ones is that the <a href="https://smartasset.com/estate-planning/california-estate-tax" data-wpel-link="external" target="_blank" rel="noopener noreferrer">state does not collect</a> an estate tax. However, federal estate taxes can still be a concern for a California estate.

The amount of the estate that must go toward taxes is higher than many people realize. Depending on the overall value of the estate, taxes can consume anywhere from 18 to 40% of the total value of the estate. In 2024, any estate worth $13.61 million or more is at risk of estate taxes.
<h2>How can people avoid estate taxes?</h2>
There are several <a href="/estate-planning/" data-wpel-link="internal">estate planning</a> tactics that can help limit or even eliminate estate tax obligations. One tactic involves making strategic gifts to family members during retirement years to slowly diminish the overall value of their holdings.

Another is to arrange to transfer as much property to a spouse as possible. People can also use trusts as a way of reducing the taxable portion of their estate. Often, those with particularly large estates may need to engage in all three of these tactics for optimal protection. There may be other solutions available as well depending on the personal holdings and family relationships of the individual considering estate tax obligations.

Understanding the massive impact estate taxes can have on a personal legacy can help people understand the importance of planning for these taxes. Those who learn about factors that could diminish their legacies can craft estate plans that optimize what they transfer to the next generation, close friends and even charitable causes.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[3 estate planning mistakes to avoid]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2024/05/3-estate-planning-mistakes-to-avoid/" />
            <id>https://www.pmflaw.com/?p=255266</id>
            <updated>2024-05-27T11:16:21Z</updated>
            <published>2024-05-27T11:16:21Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[An estate plan allows you to provide instructions on what you want done with your assets when you pass away. You should ensure that you get this taken care of as soon as possible. There are several components of an estate plan that you should consider. This includes writing out your will, establishing and funding trusts, naming guardians for your…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2024/05/3-estate-planning-mistakes-to-avoid/"><![CDATA[An estate plan allows you to provide instructions on what you want done with your assets when you pass away. You should ensure that you get this taken care of as soon as possible.

There are several components of an estate plan that you should consider. This includes writing out your will, establishing and funding trusts, naming guardians for your children and setting up power of attorney designations. As you’re creating an estate plan, be sure you <a href="https://www.findlaw.com/forms/resources/estate-planning/estate-planning-mistakes.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer">avoid these mistakes</a>.
<h2>Not creating an estate plan at all</h2>
One of the biggest mistakes you can make is avoiding the estate planning process. If you don’t create the estate plan, your assets are going to be distributed according to the intestate laws. This doesn’t take your wishes into account, so you won’t have any say in who gets what. Using a combination of your will and trusts can help you to get assets to your chosen beneficiaries.
<h2>Addressing assets in more than one place</h2>
Each asset you have should only be managed in one place in your estate plan. For example, if a bank account has a payable-on-death designation, you shouldn’t put it in your will or any trust. You also shouldn’t put anything that’s in a trust into your will or vice versa. Having assets in more than one place can be problematic if you change one place and not the other.
<h2>Failing to address end-of-life needs</h2>
While most people focus on their assets, your estate plan should also address your care if you become incapacitated. You should set up power of attorney designations for your health care and your finances. The person you name for each of these will make decisions on your behalf. You should also write out your advance directives, which outline what medical treatments you want and don’t want.

Making sure you have a <a href="https://www.pmflaw.com/estate-planning/" data-wpel-link="internal">comprehensive estate plan</a> in place is crucial. Working with a legal representative who’s familiar with your wishes and the legal tools available may help you to discover options that make it easier for your loved ones to honor your wishes in the event of your incapacity or death.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Is Mom&#8217;s Medicare coverage enough for her long-term needs?]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2024/02/is-moms-medicare-coverage-enough-for-her-long-term-needs/" />
            <id>https://www.pmflaw.com/?p=255262</id>
            <updated>2024-02-25T00:08:26Z</updated>
            <published>2024-02-25T00:08:26Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[Watching one’s parents age can be a difficult experience. Many people idolize their parents and find it painful to watch their physical and cognitive abilities decline as they grow older. It is also natural for adult children to want to take care of their aging parents, but they may not necessarily be able to provide financially for their parents in…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2024/02/is-moms-medicare-coverage-enough-for-her-long-term-needs/"><![CDATA[Watching one’s parents age can be a difficult experience. Many people idolize their parents and find it painful to watch their physical and cognitive abilities decline as they grow older. It is also natural for adult children to want to take care of their aging parents, but they may not necessarily be able to provide financially for their parents in their golden years without adequate state support.

Someone who worked throughout their younger years or who was a stay-at-home spouse may be eligible for Medicare benefits. Medicare is a form of health insurance that provides coverage to adults who are past the retirement age in California and across the country.

Can people expect Medicare to cover the long-term care expenses of their aging parents during their retirement years?
<h2>Medicare coverage has troubling limits</h2>
Although Medicare coverage theoretically exists for the protection and comfort of older adults, there are some glaring limitations to the support that it provides. Particularly when someone needs long-term care as they age, they may discover that Medicare is inadequate.

Medicare can offer some coverage for long-term care. An older adult who has been in the hospital for at least three days can expect Medicare to cover 100% of the costs for <a href="https://canhr.org/overview-of-medi-cal-for-long-term-care/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">their first 20 days</a> of skilled nursing care. They can then receive partial coverage for days 21-100. After 100 days, Medicare does not pay for additional nursing home or skilled nursing care.

Someone who requires an extended period of skilled nursing support or a long-term stay in a nursing home may need to apply for Medi-Cal, the California Medicaid program. Medi-Cal does provide long-term care benefits whereas Medicare does not. However, it also has many strict requirements for eligibility that Medicare does not.

The adult children of older adults worried about their long-term care needs may want to encourage their parents to revisit their estate plans. People may need to change how they hold property, move assets into trusts and otherwise diminish their personal holdings so that they can qualify for Medi-Cal benefits without a penalty. Otherwise, last-minute transfers could trigger penalties that leave someone personally responsible for care costs that they do not have the resources to cover.

Although it can be difficult to talk to aging parents about their finances, it is better to address issues proactively as opposed to waiting until someone needs support that they cannot access. Learning about Medicare, Medi-Cal and long-term care may benefit those worried about the comfort of their parents as they age.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[How can you help your heirs navigate the pitfalls of inheritance?]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2023/11/how-can-you-help-your-heirs-navigate-the-pitfalls-of-inheritance/" />
            <id>https://www.pmflaw.com/?p=255243</id>
            <updated>2023-11-24T23:09:41Z</updated>
            <published>2023-11-24T23:09:41Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[It’s a wonderful thing to be able to leave an inheritance to your children (and, maybe, their children), especially if the amount is substantial. However, inheriting a large amount of money can actually be a double-edged sword. On one hand, it opens up opportunities for financial security and growth. On the other hand, a sudden influx of wealth can be…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2023/11/how-can-you-help-your-heirs-navigate-the-pitfalls-of-inheritance/"><![CDATA[It’s a wonderful thing to be able to leave an inheritance to your children (and, maybe, <em>their </em>children), especially if the amount is substantial.

However, inheriting a large amount of money can actually be a double-edged sword. On one hand, it opens up opportunities for financial security and growth. On the other hand, a sudden influx of wealth can be a bit overwhelming to a lot of people – and they can easily mishandle the situation.
<h2>What are the most common financial mistakes?</h2>
When people inherit a lot of money and they aren’t adequate prepared to handle it, they tend to make <a href="https://money.usnews.com/money/personal-finance/articles/2014/07/15/5-inheritance-mistakes-for-heirs-to-avoid" data-wpel-link="external" target="_blank" rel="noopener noreferrer">some similar mistakes</a>:
<ul>
 	<li>Impulsive spending: Extravagant purchases can easily get out of hand, especially if someone has lived a fairly frugal or modest existence before out of necessity. The wealth may end up funding a temporary lifestyle that isn’t sustainable.</li>
 	<li>Excessive generosity: Most people dream about having enough money to give their loved ones a boost when they need it – but that idealism can quickly lead to an empty wallet. Sometimes, people who inherit a lot of money can even be easily guilted into giving their friends and family large sums of cash simply because they feel like they haven’t really “earned” all that wealth.</li>
 	<li>Poor financial planning: Money grows only when it is tied to clear goals, so people with wealth know that they need good financial guidance, including an understanding of any tax considerations. When people don’t seek out the experts they need to help them make decisions, that can lead to bad investments, unexpected tax liabilities and financial disaster.</li>
</ul>
What can you do to help your beneficiaries and heirs avoid these kinds of problems? Start by letting them know what sort of inheritance they can expect and discuss your concerns. You may want to introduce them to your own financial planner and consider fail-safes, like establishing a trust to maintain some control over the money even after you’re gone. Seeking experienced legal guidance can help you address these kinds of problems in advance.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Trusts Are Important Estate Planning Tools]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2023/09/trusts-are-important-estate-planning-tools/" />
            <id>https://www.pmflaw.com/?p=255236</id>
            <updated>2026-01-05T14:07:30Z</updated>
            <published>2023-09-26T08:58:47Z</published>
					<taxo:topics><![CDATA[Estate Planning]]></taxo:topics>
            <summary type="html"><![CDATA[In estate planning, money and property are distributed after a loved one passes away. Though many people are familiar with wills as a means of distributing assets, trusts can be even more effective. A trust is a legal arrangement where a person, known as the grantor, settlor, or trustmaker, transfers their assets to a trustee who manages and distributes those…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2023/09/trusts-are-important-estate-planning-tools/"><![CDATA[In estate planning, money and property are distributed after a loved one passes away. Though many people are familiar with wills as a means of distributing assets, trusts can be even more effective. A trust is a legal arrangement where a person, known as the grantor, settlor, or trustmaker, transfers their assets to a trustee who manages and distributes those assets to the beneficiaries according to the terms specified in the trust agreement. Some people shy away from trusts due to the extra cost, but they can save time and money in the long run. Trusts offer several significant benefits that make them essential components of any comprehensive estate plan.
<h1>Probate Avoidance</h1>
One of the primary advantages of trusts is their ability to avoid probate. Probate is the legal process through which a deceased person's will is validated before distributing assets. It can be a lengthy and costly process, subject to court supervision and public scrutiny.

By using a trust, your estate can bypass probate entirely, ensuring a faster, more efficient transfer of assets to your intended beneficiaries. This not only saves time and money but also maintains privacy, as trust documents are not public records like probated wills.
<h1>Flexibility</h1>
Another important aspect of trusts is their flexibility and customization options. Trusts can be tailored to meet the specific needs and goals of the grantor. For example, if the grantor has minor children or beneficiaries who are not yet responsible enough to handle their inheritances, a trust can be created to provide for their financial wellbeing until they reach a certain age or milestone. This allows the grantor to exercise control over how and when the assets are distributed, ensuring their loved ones are taken care of in the best possible way.
<h1>Asset Protection</h1>
Trusts are also valuable tools for protecting assets from creditors and lawsuits. By transferring assets to an irrevocable trust, the grantor effectively removes them from their personal ownership, making them less susceptible to potential legal claims or judgments. This can be particularly advantageous for people in high-risk professions or with substantial wealth. Additionally, trusts can safeguard assets in situations where the grantor becomes incapacitated, ensuring that a designated trustee manages their affairs and finances according to their wishes.
<h1>Philanthropic Legacy</h1>
Charitable giving is another area where trusts are especially helpful. If philanthropy is an essential aspect of your estate planning, you can establish a charitable trust to support your chosen causes. Through a charitable trust, you can donate assets while retaining income from those assets during your lifetime. This allows you to support charitable organizations and potentially receive certain tax benefits, all while ensuring that your philanthropic legacy endures.
<h1>Estate Taxes</h1>
Trusts can also be instrumental in minimizing estate taxes. Through various types of trusts, such as irrevocable life insurance trusts or generation-skipping trusts, you can reduce your overall estate tax liability. By leveraging the tax advantages provided by trusts, it becomes possible to preserve more wealth for future generations and secure a more meaningful legacy.
<h1>Adding a Trust to Your Estate Plan</h1>
By incorporating a trust, or trusts, into your estate plan, you can expedite the distribution of assets, maintain privacy, and provide greater control and flexibility over how your assets are managed. A trust can also offer asset protection, facilitate charitable giving, and help minimize estate taxes.

An experienced <a href="/estate-planning/" data-wpel-link="internal">estate planning attorney</a> or elder law attorney can help you navigate the intricacies of trusts and ensure that your estate plan aligns with your goals and aspirations. <a href="https://pmflaw.com/contact/" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><strong>Contact</strong></a><strong> our estate planning and elder law firm </strong><strong>at </strong><strong>[nap_phone id="LOCAL-CT-NUMBER-1"]</strong><strong> today to learn how we can help you establish a trust to meet your estate planning needs. </strong><strong>We look forward to the opportunity to work with you.</strong>

This article offers a summary of aspects of estate planning law. It is not legal advice and does not create an attorney-client relationship. For legal advice, you should contact an attorney.]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[In Long-Term Care Facilities, Medicaid Disenrollments May Affect Patients]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2023/09/in-long-term-care-facilities-medicaid-disenrollments-may-affect-patients-2/" />
            <id>https://www.pmflaw.com/?p=255340</id>
            <updated>2025-08-18T13:47:23Z</updated>
            <published>2023-09-19T08:53:45Z</published>
					<taxo:topics><![CDATA[-]]></taxo:topics>
            <summary type="html"><![CDATA[On May 11, 2023, the Covid Public Health Emergency (PHE) was formally ended by the federal government. The conclusion of the PHE also ended a requirement of the Families First Coronavirus Response Act (FFCRA) that kept people continuously enrolled in Medicaid programs through the end of the PHE. The end of continuous enrollment has seen many beneficiaries dropped from their…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2023/09/in-long-term-care-facilities-medicaid-disenrollments-may-affect-patients-2/"><![CDATA[On May 11, 2023, the Covid Public Health Emergency (PHE) was formally ended by the federal government. The conclusion of the PHE also ended a requirement of the Families First Coronavirus Response Act (FFCRA) that kept people continuously enrolled in Medicaid programs through the end of the PHE. The end of continuous enrollment has seen many beneficiaries dropped from their Medicaid status, affecting payment for long-term care services. What happens to residents receiving long-term care services at home, in assisted living, or nursing home facilities if Medicaid beneficiaries experience disenrollment?
<h2>What Can Happen, and What Can You Do?</h2>
If you lose Medicaid coverage, you may be responsible for paying the full cost of your long-term care services. This situation can be financially challenging, as long-term care expenses can be significant. Finding an alternative payment source is an immediate concern, even if you plan to reenroll for Medicaid coverage. The application process takes some time to complete.
<h2>Tap Into Existing Resources</h2>
For the short term, you may need to seek family help. If you previously did Medicaid planning, you may tap into personal savings or sell assets. If you qualify, you may need to explore other government programs providing financial assistance for long-term care, such as veterans benefits. Medicare policies traditionally don’t cover long-term care, but they do cover some skilled nursing home care in specific situations for a limited time.
<h2>Negotiate with the Care Facility</h2>
If you can't cover the full cost of your long-term care, you may need to negotiate with the care facility, nursing home, or in-home services to find a solution. Some facilities may be willing to work out payment plans to avoid resident churn or make other arrangements to help you continue care. It's in your best interest to seek the counsel of a disability or elder law attorney specializing in long-term care to negotiate a solution.
<h2>Care Facility Discharge</h2>
When a short-term fix isn’t available, or negotiations to alter payment obligations fail, the loss of Medicaid coverage may result in discharge from the facility or denied in-home or community-based care services. However, a facility is legally obligated to provide notice before discharging a resident. During this time, the facility and your elder law attorney can work with you or your family to arrange a safe and suitable transition to another living arrangement.
<h1>Disenrollment Numbers</h1>
The number of Medicaid cutoffs for previously existing beneficiaries has surpassed one million, with the expectation to increase between 14 to 18 million. So far, Medicaid-dependent facilities, nursing homes, and at-home and community-based services are not widely affected. Still, the law of large numbers indicates disenrollment can significantly impact some beneficiaries requiring long-term care.

Many Medicaid beneficiaries who have been released due to procedural issues or technicalities anticipate being reenrolled. However, according to <a href="https://www.medicaid.gov/resources-for-states/coronavirus-disease-2019-covid-19/unwinding-and-returning-regular-operations-after-covid-19/index.html" data-wpel-link="external" target="_blank" rel="noopener noreferrer">Medicaid</a>, states have up to “twelve months to return to normal eligibility and enrollment operations.” The permitted time frame creates havoc for many Americans who rely on Medicaid benefits. However, it’s catastrophic for beneficiaries receiving Medicaid for long-term care as costs in a facility may range from about $4,000 - $8,000 per month, depending on the location.
<h1>If You or a Loved One Are in Long-Term Care</h1>
Understand that the unwinding of Medicaid continuous enrollment happens by state. Some long-term care beneficiaries may be unaware that continuous enrollment has stopped. Beneficiaries or their loved ones may neglect to return Medicaid paperwork or omit required documents consistent with current Medicaid qualifiers.

Some long-term care providers raise concerns that staff shortages in state agencies that handle reenrollment will create delays in processing required patient paperwork. The twelve-month grace period Medicaid provides to the states creates a slow reenrollment process that affects providers who continue to care for residents without reimbursement.
<h1>Consult a Disability or Elder Law Attorney</h1>
If you have been cut off from Medicaid and need to reenroll, an attorney can guide you through the general steps to ensure your benefits begin again as soon as possible. Your lawyer can help you confirm the reason for the discontinuation of benefits. It may be a failure to provide required documentation since the end of continuous enrollment or changes in eligibility requirements.

Once you understand why it has happened, your attorney can gather the necessary documentation for the reenrollment process. Documents may include:
<ul>
 	<li>Proof of income</li>
 	<li>Identification documents</li>
 	<li>Proof of residency</li>
 	<li>Social Security number</li>
 	<li>Other documents your state’s Medicaid office requests</li>
</ul>
Your disability or elder law attorney can ensure all relevant financial documents and medical records are included to support your application. They may contact the state’s Medicaid office and advise them that you have been receiving long-term care benefits in an effort to flag your application for expedited processing.

Because short-term loss of benefits can make maintaining residency in a long-term care facility difficult, your attorney can strategize a short-term solution that addresses your unique situation.
<h2>Appeals and Advocacy</h2>
If your Medicaid reenrollment application is denied or you face challenges during the reenrollment process, an elder law or disability attorney specializing in long-term care can help you through the appeals process. They can gather additional information, advocate on your behalf, and represent you in administrative hearings or appeals.

If you are in long-term care and lose Medicaid benefits, specific consequences will depend on individual circumstances and your state’s regulations. Pay close attention to your Medicaid status. Disenrollment may continue to affect long-term care beneficiaries for some time due to the end of the requirement in FFCRA legislation requiring continuous enrollment.

Consult with one of our experienced elder law or disability attorneys specializing in Medicaid and long-term care issues. They understand the laws and regulations and help you reenroll in Medicaid, securing the necessary coverage to continue your long-term care benefits. <strong>Please </strong><a href="https://pmflaw.com/contact/" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><strong>contact</strong></a><strong> our office today at [nap_phone id="LOCAL-CT-NUMBER-1"] </strong><strong>and schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.</strong>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Understanding the Difference Between Disabilities and Special Needs]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2023/09/understanding-the-difference-between-disabilities-and-special-needs/" />
            <id>https://www.pmflaw.com/?p=255233</id>
            <updated>2024-12-16T05:54:10Z</updated>
            <published>2023-09-12T08:51:50Z</published>
					<taxo:topics><![CDATA[Estate Planning, Special Needs]]></taxo:topics>
            <summary type="html"><![CDATA[In many cases, disabilities and special needs are used interchangeably, but their meanings are different. Disability is a legal term referring to a physical or mental impairment substantially limiting one or more major life activities. Special needs is a more general term referring to any need that is not typical for most people. This term might include a physical disability,…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2023/09/understanding-the-difference-between-disabilities-and-special-needs/"><![CDATA[In many cases, disabilities and special needs are used interchangeably, but their meanings are different. Disability is a legal term referring to a physical or mental impairment substantially limiting one or more major life activities. Special needs is a more general term referring to any need that is not typical for most people. This term might include a physical disability, a learning disability, a mental health problem, or any other condition that makes it difficult for someone to function in everyday life.

The US government mostly uses the term disability in its benefits programs, and the term special needs is becoming less common. However, the education system and special needs attorneys still employ the term.

There is a significant overlap between disability and special needs. Many individuals experiencing disabilities also have special needs, and vice versa. It makes determining which terms to use or benefits to seek difficult. Do you hire a special needs attorney or a disability attorney to guide you?
<h2>Examples of People with Disabilities and Special Needs</h2>
While disability and special needs are not mutually exclusive, it can be confusing to explain the situation on a benefits application. Some examples may include:
<ul>
 	<li>A person with autism spectrum disorder (ASD) may have a disability that makes communicating and interacting with others difficult. They may also have special needs in the form of behavioral interventions or educational support.</li>
 	<li>A person with Down syndrome may have a disability that affects their physical and cognitive development. They may also have special needs like medical care, education support, and social services to navigate daily life.</li>
 	<li>A person with a visual impairment may have a disability that makes it difficult to see. They may also have special needs requiring adaptive technology, mobility assistance, and accessible transportation.</li>
</ul>
<h2>Differences in Applying for SSA Disability and Special Needs Benefits</h2>
Applying for SSA disability and special needs benefits is different in several ways. The first is the purpose of the application. SSA disability applications determine eligibility for financial benefits, while special needs applications determine eligibility for education and other support services.

SSA disability benefits are contingent on the ability to engage in substantial gainful activity (SGA), while special needs determinations consider an individual’s needs.

The Social Security Administration (SSA) has a process to make disability determinations, while a school district or other organization generally determines special needs requirements. Many children with special needs become developmentally disabled adults. An SSA disability application will require medical documentation supporting the disability claim, while special needs applications may require medical documentation, education records, and psychological evaluations. An SSA disability application may take months or years to complete and receive, while a special needs process can typically conclude within a few weeks or months.
<h2>SSA and Special Needs Determinations</h2>
SSA disability determination is a process that identifies if an individual is disabled enough to qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. The SSA uses a strict definition of disability that bases a person’s ability to engage in SGA. A person must have a medical condition that prevents them from doing any work they have done in the past or any other kind of work that exists in the national economy to receive formal disability status. SSI benefits are low-income based.

Special needs determination is a process by which a school district (or other organization) determines a child has special needs requiring special education or related services. The definition of special needs varies by state but typically includes children with physical or mental disabilities, learning disabilities, or other conditions affecting their learning ability.

Ultimately the main difference is the purpose of the benefit. SSA disability determinations create eligibility for financial benefits, while special needs determinations determine eligibility for education services.
<h2>A Disability Attorney Can Help With Disability and Special Needs</h2>
A disability attorney can help you define your loved one’s situation regarding special needs and disability benefits, choosing the correct qualifying benefits. They can help navigate the complex application process and represent you in court if the claim is denied.

Application processes differ, and age plays a significant role in applying for benefits. SSDI is not particularly relevant to a minor who has never been employed. However, SSI can be relevant for low-income children who are either disabled, special needs, or both.

Working adults who qualify for the SSDI earned benefit program will ensure the best application outcome with the help of a disability attorney. Most applications are denied on the first submission, and appeals and reviews take precious time when financial benefits are most needed. Many disability attorneys work on a contingency basis so that initial benefits payments will cover the cost of legal representation.

Understanding the terms special needs and disability and their associated services or benefits through government programs is complex. Criteria and qualifications differ based on needs, medical and psychological evaluations, and age. Our disability attorneys can provide the required oversight and actions to access the best service and benefits possible.

We hope you found this article helpful. <strong>Please <a href="https://pmflaw.com/contact/" data-wpel-link="external" target="_blank" rel="noopener noreferrer">contact</a> our office today at [nap_phone id="LOCAL-CT-NUMBER-1"] and schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.</strong>]]></content>
						        </entry>
	        <entry>
            <author>
									                    <name>On Behalf of The Law Office of Philip M. Flanigan, P.C.</name>
				            </author>
            <title type="html"><![CDATA[Understanding Litigation in Probate Court]]></title>
            <link rel="alternate" type="text/html" href="https://www.pmflaw.com/blog/2023/09/understanding-litigation-in-probate-court/" />
            <id>https://www.pmflaw.com/?p=255227</id>
            <updated>2024-11-07T12:49:08Z</updated>
            <published>2023-09-05T08:47:58Z</published>
					<taxo:topics><![CDATA[Probate]]></taxo:topics>
            <summary type="html"><![CDATA[Legal disputes arising during the probate process, the legal process of administering a deceased person’s estate, are known as probate litigation. When someone passes away, their assets and debts must be settled and distributed according to their valid will or the applicable state laws of intestacy (dying without a will). Disagreements and conflicts can lead to probate litigation. Most matters…]]></summary>
			                <content type="html" xml:base="https://www.pmflaw.com/blog/2023/09/understanding-litigation-in-probate-court/"><![CDATA[Legal disputes arising during the probate process, the legal process of administering a deceased person's estate, are known as probate litigation. When someone passes away, their assets and debts must be settled and distributed according to their valid will or the applicable state laws of intestacy (dying without a will). Disagreements and conflicts can lead to probate litigation.

Most matters the probate courts handle, like admitting wills and assigning executors, are standard operating procedures and go uncontested. However, legal contests arising from a person’s death or mental incapacity may lead to probate litigation over powers of attorney, will and trust contests, guardianships, conservatorships, and living wills.
<h2>Common Legal Concerns in Probate Court</h2>
Some common problems leading to probate litigations include:
<ul>
 	<li><strong>Will contests</strong> – The validity of a will can be challenged. Interested parties may dispute the will’s authenticity, allege undue influence or fraud, or argue that the person who made the will (testator) lacked the mental capacity to create a valid will.</li>
 	<li><strong>Estate administration disputes</strong> – Disagreements may arise among beneficiaries, executors, or administrators regarding the management and distribution of estate assets. These disagreements can include allegations of mismanagement or conflicts over the interpretation of the will or trust provisions.</li>
 	<li><strong>Claims against the estate</strong> – Creditors or individuals who believe they have a rightful claim to the deceased person’s assets may file claims against the estate. Claims can include outstanding debts, unresolved contracts, or disputed property ownership.</li>
 	<li><strong>Guardianship or conservatorship disputes</strong> – If there are disputes over the appointment of a guardian for a minor or an incapacitated adult or concerns about the actions of an appointed guardian or conservator, it can result in probate litigation.</li>
 	<li><strong>Breach of fiduciary duty</strong> – Executors, administrators, trustees, and other fiduciaries are legally obligated to act in the best interests of the estate and its beneficiaries. Allegations of misconduct, self-dealing, or failure to fulfill these obligations may lead to litigation.</li>
 	<li><strong>Document interpretation</strong> – Disputes may arise over the interpretation of a will, trust, or other estate planning documents. These conflicts can involve disagreements about the intended meaning of certain provisions, the scope of powers granted to trustees or executors, or the distribution of assets among beneficiaries.</li>
 	<li><strong>Family disputes</strong> – Family dynamics can often lead to probate litigation, especially with strained relationships, blended families, or unequal distributions of assets. Sibling rivalry, disputes with former spouses, or disinheritance can result in legal challenges.</li>
</ul>
Individuals marrying multiple times without a prenuptial agreement are also likely to incite probate litigation upon their death. Life insurance trusts can be a valuable way to separate the interests of the decedent’s spouses and children.
<h2>Probate, Estate, and Trust Litigation Attorneys</h2>
If you anticipate probate litigation, an experienced estate administration attorney can provide guidance and explain your rights and options to prevent future problems. If you are involved in a dispute, a probate litigation attorney can help you navigate the legal system and resolve it. There are also attorneys who specialize in conflicts with trust administration and litigation.

It’s essential to consider your legal situation and an attorney’s experience, reputation, and track record when handling similar matters. It’s also crucial to feel comfortable working with them.
<h2>Early Steps in Probate Litigation</h2>
In probate litigation, your attorney plays a key role in representing your interests while navigating the legal process. All things begin with an initial lawyer consultation to discuss your case’s details, goals, and concerns. Your attorney will evaluate the strength of your claims or defenses and explain the legal process, potential outcomes, and available strategies to achieve your objectives. Most states have strict statutes of limitations, so the earlier you contact a probate litigation lawyer, the better.

Your attorney will then thoroughly research your case’s relevant laws, precedents, and regulations. They will analyze the facts and circumstances to develop a legal strategy tailored to your situation. All relevant documents will be gathered and reviewed, including wills, financial records, trusts, and other evidence relating to the dispute. Your attorney will then prepare and draft legal documents like complaints, petitions, answers, motions, and discovery requests.
<h2>Probate Court Processes</h2>
Probate litigation hearings and trials are usually held in the county probate court where the decedent died. The probate litigation attorney you select should be familiar with the county probate court where the case is being tried.

Your attorney will engage in the discovery process by gathering evidence, documents, and depositions from other parties. They will also respond to discovery requests from the opposing party. Each side will advocate for their client’s interests, work to reach a favorable settlement if possible, and advise on the merits of accepting or rejecting settlement offers.

Trial preparation and representation will occur if the settlement phase fails. Your lawyer will prepare you for trial, make legal arguments, examine and cross-examine witnesses, and present your case to the court. Throughout the process, your attorney will help you make informed decisions regarding the direction of your case.

Probate court can illicit high emotions and tense interactions that greatly disrupt family relationships and leave the estate open to creditor lawsuits as well.

Our estate administration and probate litigation attorneys help prevent estate-related contests through proper estate planning and significantly reduce the likelihood of probate litigation in the first place. Should you find yourself in need of an experienced litigator, we can represent you. <strong>Please </strong><a href="https://pmflaw.com/contact/" data-wpel-link="external" target="_blank" rel="noopener noreferrer"><strong>contact</strong></a><strong> our office today at </strong><a href="tel:+1-559-435-0455" data-wpel-link="internal"><strong>(559) 435-0455</strong></a><strong> and schedule a free consultation to discuss your legal matters. We look forward to the opportunity to work with you.</strong>]]></content>
						        </entry>
	</feed>