Frequently I have married clients who come to me who have been married for decades and one spouse is declining due to dementia or other physical and/or mental issues. That ill spouse needs care at home, assisted living, or even a nursing home and do not have long-term coverage or other coverage options to pay. Many times, the first question is: do you recommend a divorce? Almost always the answer is no, and it is 

Avoiding family fights over “stuff”

Posted by Law Office of Glenn A. Deig on  October 25, 2021 
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When I meet with clients to discuss estate planning, one of the issues I bring up is the disposition of tangible personal property as part of their estate planning.   I will call this people’s “stuff.”  Examples of tangible personal property (“stuff”) are things you can touch, such as household effects, jewelry, tools, coins, and furniture.   These items may have more of sentimental value and can be difficult to assess a monetary value in many cases. Indiana 

Gifting Impact on Medicaid Eligibility

Posted by Law Office of Glenn A. Deig on  September 25, 2021 
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Gifts are assets that are fully, or partially (typically real estate) transferred out of your name into someone else’s name. Clients come to me and explain that they want to give their assets away, either by putting into someone else’s name, or into an irrevocable trust, to protect their assets from potential nursing home care expenses. Any gift is scrutinized and considered if Medicaid becomes an issue within 5 years including large expenditures, and even for 

Medicaid Planning for the Married Couple

Posted by Law Office of Glenn A. Deig on  August 25, 2021 
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My asset protection team and I often meet with clients who have a spouse or parent who requires at-home caregiving services, or who resides in a skilled care nursing facility or assisted living facility. The clients’ top priority is to be able to provide the best available care for their loved one. They meet with me and my team to explore options that allow their loved one to receive the best available care, as well 

Estate Planning for the Unmarried

Posted by Law Office of Glenn A. Deig on  July 25, 2021 
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People of all ages are living together and not getting formally married; many times because of 2nd or subsequent marriages with children from previous relationships.  Most people think Indiana allows common law marriages, when a couple who has lived together a certain number of years hold themselves out as being married legally.  However, Indiana doesn’t recognize a common law marriage unless entered before 1958; which would be extremely rare today. Indiana recognizes cohabitation but if couples