Elder Law Matters — a monthly blog by Glenn A. Deig

Gifting Impact on Medicaid Eligibility

Posted on September 25, 2021 
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 on August 25, 2021 
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 on July 25, 2021 
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 

Estate Planning in the age of Bitcoin

Posted on June 25, 2021 
When I meet with clients for their estate planning, I always ask about their assets-real estate, tangible items, vehicles, boats, retirement accounts, bank accounts, collectibles, etc; but now, I routinely ask do you own any Cryptocurrency? Cryptocurrency is basically unregulated “digital cash” that is a bearer account that exists only in the digital world and stored on a digital ledger, and not regulated nor or any records kept by any government or financial institution. Over 

Estate Planning for a Disabled Heir

Posted on May 25, 2021 
When I meet clients and gather all the information regarding their health, assets, income, and family dynamics; one question I always ask is about the current and anticipated health of their future heirs of their estate.  My role is to gather and determine what is the best plan for them.  Many times, clients have young children that need a trust because of the ages.  Others want a trust to control distribution to a financially irresponsible