Blog

Probate Vs. Non-Probate Assets Written by: Aubráa D. Jernigan, Estate Administration Assistant

The Last Will and Testament is a familiar legal estate planning document that allows the creator to record what should happen to her assets at her passing. This document nominates an Executor(s) to carry out her wishes, names beneficiaries to inherit assets, and includes charitable giving and nominations for legal guardians of minors, if applicable. An individual that passes away with a valid Will in place has died testate. An individual that passes away without a valid Will in place has died intestate. In both scenarios, probate is likely ...

Legacy Contributed by: Sherri J. Holder, Firm Manager

What comes to mind when you hear the word legacy? As an elder law firm, you’d probably expect us to say that legacy means an inheritance in the form of money or real property left through a Will. While the Book of Proverbs would agree with that definition, we think a legacy is much more intricate than that. Yet, the context of biblical stories is relevant to how we think and plan for our children and their children.

In the days of Moses, heritage was treasured and usually passed to sons. For daughters or women to inherit they had to petition for their birthright or patrimony. In one p...

Creating an Estate Plan When Your Family Has Debt Contributed by: Emily D. Banning, Estate Planning Coordinator

It’s closing day. Imagine you’re just leaving the settlement office with the keys to your dream home. As you enjoy the tunes on the drive home you hear an ad about the importance of creating an estate plan. The voice in your head chimes in to say, I don’t need to worry about that because these shiny new house keys came along with a thirty-year mortgage. If I have debt, surely I don’t have an estate to plan for.

For Delaware residents, the best end of life estate planning tool is almost always the Revocable Living Trust. L...

Planning Considerations for the Business Owner

My grandmother is going to be 92 this year. I’ve always known her to be a very private person, not wanting anyone, to include her children or grandchildren, to know of her affairs, including the status of her health, the assets she owns or her coveted spaghetti sauce recipe. This has been a sticking point for many years because our family is increasingly concerned with being prepared to help her as she ages or being prepared to settle matters at her passing.

I have come to learn that my grandmother is not an anomaly. Rather, she is part of a group of individuals who choose privacy to p...

Social Security Announces Redesigned Statement -- Now Available with a my Social Security Account

Kilolo Kijakazi, Acting Commissioner of Social Security, today introduced a new look and feel to the Social Security Statement, available online through the my Social Security portal at www.socialsecurity.gov/myaccount and by mail. The Statement is one of the most effective tools people can use to learn about their earnings and future Social Security benefits. This fresh look will allow millions of people to see their earnings information and estimates of future benefits quickly and securely.

“One of my top priorities is to provide i...

Your Family Might Not Want Your Stuff Contributed by: Mindi K. Cooper, Estate Planning Coordinator

A few months ago, my family and I were visiting my 92-year-old great-grandmother. Her health had started to decline, and we wanted to spend some time with her while we still had the chance.

Mommom Jeanne was an interesting lady and loved all things fashion. She worked for Strawbridge and Clothier Department store in the shoe department and always had the trendiest new shoes. While we were visiting, Mommom insisted that I look through her closet and that I could have anything I wanted. I tried telling her that I didn’t need anything, and the ...

Acute Rehab vs. SNF (Skilled Nursing Facility) Contributed by: PAM Rehabilitation Hospital of Dover, A Post Acute Medical Hospital

What is the difference between Acute Rehabilitation and Skilled Nursing care?

Following hospitalization for a serious illness or injury, you may face a decision on whether to continue your recovery at an inpatient rehabilitation hospital or a skilled nursing facility. Understanding the difference between these two levels of care is crucial during the post-acute planning phase, as it can determine whetehr or not you maximize your medical and functional long-term recovery.

The high level of hospital care given...

A Medical Alert Device Can Promote Safety, Independence and Peace of Mind Contributed by SeaCure Solutions

About the Company

SeaCure Solutions derives its name from our coastal surrounding and commitment to peace of mind through safety and security initiatives. The company specializes in Personal Emergency Response Systems, also known as Medical Alert Devices and other risk management strategies to support senior populations, lone workers such as realtors, children, and anyone with special needs. Medical alert systems cost less than $1.00 a day and can be covered in part by Medicaid and/or medical insurance.

So, what is a medical alert or...

Managing Medications Contributed by: Danielle Marvel, Elder Law Department Manager

Last year I unexpectedly lost my mother. It was quickly apparent that my father didn’t only lose his loving wife, but also his life manager. Among many other tasks, she managed the household bills, doctor’s appointments, and my father’s medications. My father needed help with all the tasks my mother previously managed, and I needed to help him while living under a different roof and maintaining my own responsibilities.

Mine are challenges that many family caregivers face. Of the things caregivers help with, managing medications can often be the most ...

Beware of Senior Scams! Contributed by: ElderCounsel Newsletter, March 2021

There are many, many good people in the world. Some strangers would give you the shirt off their back, folks who volunteer their time to help others in need, and those who hold the door open for you as you are entering a store. Especially in our tumultuous times, it is important to be kind and generous to our fellow neighbors. However, with the good must come the bad. There are scammers out there who prey on various populations, usually ones who are more vulnerable. Beware of senior scams!

What are some seniors scams to be aware of?

The ne’er-do well must somehow ...

Contributed by: Procino-Wells & Woodland, LLC

How is Aging in Place different than what I’m doing now?

“Aging in Place” has become a coined phrase in the healthcare industry, pointing to several solutions that when used together, help seniors live safely, independently and comfortably. Notably in our experience is the use of professional aging in place specialists. These professionals are sometimes referred to as “Elder Care Managers”, “Geriatric Case Managers”, “Aging in Place Specialists”, etc., but despite the title, intend to offer the same service of routinely evaluating the senior’s daily activities, behaviors, and changes in heal...

Planning for Four-legged Family Members By: Taylor R. White, Estate Planning Coordinator

We often consider our pets more than just furry friends, but our four-legged family members. While we have many important people in our busy lives, our pets only have us. It’s imperative to consider how to provide for them in the event of unforeseen circumstances through your estate planning- just as you would for your human family members.

The Who, What and Where- Be sure to consider who will ultimately care for your pets and how they will be cared for. Remember, you have options- this person could be a close family member, friend or professional. I...

Qualifying for Tax Breaks for a Dependent Parent Contributed by PKS & Company, P.A. https://www.checkpointmarketing.net/n.cfm/page/e105/key/421725351G3535J8615766N9N554944P0P10402246T0/

For many families, the tables may turn, and adult children provide financial support for their parents. For example, you might have moved your in-laws from a long-term care facility into your home during the pandemic for safety and convenience. Or your widowed father might still live in his own home, but his pension might not be enough to cover his living expenses, so you pay his rent and substantial medical costs.

If you pay over half the cost of...

What is the Difference Between Medicare and Medicaid?

Provided by ElderCounsel, Newsletter 5.21

www.eldercounsel.com

Medicare and Medicaid are two different government programs for healthcare. It is important to understand the difference between them. Here, we will discuss how the program benefits differ, how eligibility for each program is established, and discuss some recent news pertaining to each program.

Medicare vs. Medicaid – What are the program benefits?

Medicare is a program administered by the federal government to provide healthcare to certain populations. Original Medicare is divided into Parts A and B.

Medicare Part A c...

By: Emma Driban, JFS Content Developer Written & Published in the June issue of the jVOICE https://www.jfsdelaware.org/supporting-caregivers-during-alzheimers-and-brain-awareness-month/ JFS Delaware - https://www.jfsdelaware.org/

In Delaware alone, there is an estimated 19,000 residents aged 65 and older currently living with dementia, according to the Alzheimer’s Association 2021 Alzheimer’s Disease Facts and Figures. While that number is significant, it does not convey the number of people who are impacted by dementia or Alzheimer’s Disease. When a family member is diagnosed with Alzheimer’s disease or other dementia, the diagnosis can h...

PWW Summer Reading List

Several of our team members love to read and envision the sandy beach on a warm summer day as the ideal spot to take in a good book. We’ve compiled a list of books that our team members have enjoyed recently, and we hope our list helps you round out your summer reading. Enjoy!

The Silent Patient by Alex Michaelides

Greenlights by Matthew McConaughey

We Were the Lucky Ones by Georgia Hunter

We Are All the Same in the Dark by Julia Heaberlin

The Water Keeper by Charles Martin

The Book of Longings by Sue Monk Kidd

Verity by Colleen Hoover

Garlic and Sapphires: The Secret Life of a Critic in Disguise by Ruth R...

Public Benefits: Can I Do It Myself? Contributed by: Danielle M. Marvel, Elder Law Department Manager

Occasionally we meet a client who is brave enough to ask us if they can file for Long Term Care Medicaid or Veteran’s Aid & Attendance on their own. We suspect it is on the tip of most client’s tongues. The short answer: yes, you can. The beginning of the application process for either benefit would be comparable to applying for a highly sought-after new job; the applicant would be nervous, want to do it right, want it to go well, but not know exactly what answers are expected in the blank fields. After getting past the basic name, add...

Let's Talk About Shoes

Contributed by: Amy Clark, BSN, RN, CDP, Clinical Director at Silver Lining Home Healthcare

https://silverlininghealthcare.com/

Our feet take a beating, and as we age, there are many changes in our feet that affect what shoes we can wear. As the foot ages, the arches fall, the fat pads go away, and we get bunions and corns and hammertoes. Many people suffer from plantar fasciitis, poor circulation, thick toenails, and loss of sensation in their feet. All of these foot problems can make you want to throw away your fashionable shoes and opt for what some might call “old people'' shoes! But there are so many wonderful o...

Something Worth Protecting Contributed by: Taylor White, Estate Planning Coordinator

As far back as I can remember, I was taught the value of hard work, the value of a dollar, and the value of integrity. Those values have grown in importance as I age. Most of us will work hard to provide for ourselves and, maybe even our loved ones, for the majority of our adult lives. Most of us hope to realize that true success and fulfillment is about living a great lifestyle. It’s about being healthy, spending time with the right people, enjoying the moment and experiencing a bit of good old-fashioned fun. While our basic needs as humans are the same, ...

Becoming Your Parent’s Caregiver: Relationship Tips for Adult Children Contributed by Delaware Hospice https://www.delawarehospice.org/

Human nature dictates that we often experience child-parent struggles. The blurring of identities as our parents advance in age and we become their caregivers frequently intensifies these struggles. This can create tremendous strain on our ability to manage the day-to-day stresses of these new roles. But there are some relatively simple ways to handle the changes in your relationship with your parents and make the transition easier on you both.

Stop and count to 10

Simply stopping and counting to 10 b...

Do You Have a Blind Spot? Contributed by: Marie T. Chin, Asset Alignment Coordinator

We are passionate about creating estate plans that work. You might think that having an estate plan that works requires a relationship with an estate planning firm, or a stack of thorough and up to date estate planning documents, and although that’s all true, what is equally if not more important is maintaining accurate financial records of assets with your estate planning firm.

When we introduce this coaching, we often hear feedback to the tune of, ‘I already have a financial advisor.’ We completely understand, and assure clients that we have no qua...

Love Your Pet! It’s Pet Dental Health Month By Dr. Sandra J. Platt, DVM Contributed by Vital Magazine, https://www.vitalmagonline.com/

February is a very special month for veterinary medicine – it’s Pet Dental Health Month! The American Veterinary Medical Association (AVMA) reports 80 percent of dogs and 70 percent of cats have some kind of oral disease by the age of three, although some experts believe it’s actually much higher. No one debates that it’s one of the most common problems faced by our four-legged family members, though. One thing that has become more apparent with increased understanding of pet health is that dental health ...

Contributed by Delaware Hospice https://www.delawarehospice.org/

Accepting Support in Your Role as Caregiver

When people ask family caregivers, “What can I do to help?” many caregivers don’t know how to answer. Many of us are pretty reluctant to actually assign work to others, even others who are more than willing to really help. Because of this we miss out on much needed help and support. You may admittedly be feeling overwhelmed with juggling work, children, and the responsibilities of your own home while caring for a loved one with an advanced illness. But moving from feeling overwhelmed to actually accepting help is often something man...

Power of Attorney: The Broader, The Better By: Jessica L. Whaley, Esq.

When speaking about estate planning in general terms, most people tend to direct their attention to those documents that plan for after they have departed this life (i.e. a will or trust). However, when we prepare an estate plan for our clients, we not only want to prepare documents to assist in the administration of their estate, but also to aid in the years of life ahead. This is where a Power of Attorney (“POA”) becomes a useful document - when it is drafted correctly. As we will discuss below, without the proper powers assigned within the document, a POA can be a s...

Contributed by: Catherine M. Seeber, CFP®, CeFT® A Certified Financial Transitionist (CeFT®) is trained to help clients navigate through major life events and the financial transitions that accompany them. The CeFT® is the industry’s first designation specifically geared toward financial change and transition.

As seen in recent headlines, the term pandemic fatigue describes the impact of COVID-19 related stressors on our feelings, thoughts, and behaviors. I am writing not to explain how to define it, or suggest how one might deal with it, but to relate it to any life transition one faces during their lifetime and the resilience one c...