Navigating life as an adult with disabilities or as a caregiver for someone with special needs can be complex and overwhelming. From understanding legal rights to accessing essential services and resources, there are numerous challenges to overcome. The Special Needs Alliance recently published a handbook full of knowledge and guidance to help individuals and families confidently navigate the journey and advocate effectively for themselves or their loved ones. What to Know About Being an Adult with Disabilities – SNA (specialneedsalliance.org) Of course, not all circumstances are the same for ..read more

  Jeannie is our firm’s probate paralegal since 2002. Jeannie’s practice areas include estate and trust administration, as well as guardianship and conservatorships. In her role, Jeannie skillfully guides clients through the estate administration process and provides invaluable assistance to attorneys in court filings and hearing preparation. If there is a question about the Maine Probate Code, Jeannie is our go-to.   We asked Jeannie to answer these five questions to share her valuable insight with our readers:  What does a probate paralegal do?  In our office I am fort ..read more

A transfer on death (TOD) deed is a legal document that allows a property owner to designate a specific person or entity as the beneficiary who will automatically inherit the property upon the owner’s death, without the need for probate. The deed conveys the property to the designated beneficiary, subject to any outstanding mortgages or liens, when the property owner passes away. Here are some key points to understand about TOD deeds: Avoiding Probate: One of the primary advantages of a TOD deed is that it allows for the transfer of real property outside of the probate process. This can save ..read more

MaineCare, the Medicaid program in the state of Maine, imposes a transfer penalty as part of its eligibility rules for long-term care benefits (nursing home care, residential care/assisted living, and in-home care through the Home and Community Based Services waiver). In this article, we’ll take an in-depth look at what the transfer penalty is, how it works, and what it means for those seeking long-term care assistance. What is the Transfer Penalty? The transfer penalty is a period of ineligibility for MaineCare benefits that is triggered when an individual applies for MaineCare long-term care ..read more

This is a frequently asked question in our office, but it is rare for us to recommend adding others as joint owners on real estate. Adding a child or other individual as a joint owner to real estate is a big decision and the consequences should be considered carefully. Oftentimes, the downsides outweigh the benefits. However, under some very specific circumstances, adding a joint owner may make sense for some families. Throughout this article, when using the term joint owner, we mean individuals who own the property as joint tenants and not as tenants-in-common. Joint tenancy means there is a ..read more

This post was authored by SNA member Beth C. Manes, Esq., Co-Founder and Partner at Manes & Weinberg Special Needs Lawyers, LLC. in Westfield, NJ, and Denise Gackenheimer Verzella, a Senior Associate with her firm. An SNA member since 2022, Beth focuses her practice on the areas of Special Education Law, Special Needs Planning, Guardianships and Estate Planning.   Every parent experiences some anxiety as they prepare to send their child to college, but for parents of children with disabilities, those anxious feelings can grow exponentially. Most young adults ..read more

This issue of The Voice® is by SNA member Rebecca Kueny of Kueny Law LLC. Located in Salem, Oregon, her firm covers the entire state of Oregon and focuses on special needs planning, disability benefits, estate planning, long-term care planning, and more.   Special needs trusts (SNTs) provide a plethora of benefits for beneficiaries requiring care and assistance programs. Yet, with one of the possible disqualifying distributions being care and medical assistance, there is a gray area in some jurisdictions about what the SNT can provide. In some jurisdictions, an SNT can pay ..read more

You met with an elder law or estate planning attorney, discussed your goals, and signed documents reflecting your wishes. With a sigh of relief, you store your documents away and check that item off your to-do list. But wait! Don’t forget to mark your calendar and check in with an attorney from time-to-time. Estate planning documents may become outdated as changes occur with your family, finances, or health circumstances, and changes in the law. When should you update your documents? Keep in mind these “Five D’s:” decline, diagnosis, death, divorce, and decade. Decline and Diagnosis If you or ..read more

To qualify for the Maine Medicaid (MaineCare) long-term care benefit, an applicant must have less than $10,000. Certain assets, like the primary residence, do not count towards this asset limit, but those assets are not protected from estate recovery. Estate recovery is when the State of Maine seeks reimbursement from the MaineCare recipient’s estate after death. Asset protection strategies often involve gifting assets away to qualify for MaineCare and avoid estate recovery. However, if a MaineCare applicant has made gifts within five years, and if no exceptions apply, there will be a period o ..read more

A personal representative (aka executor) administers the estate of a deceased person. This blog serves as a general guide when probate is needed, but some circumstances will require additional steps. We encourage you to reach out to an attorney for assistance.   Step One: File Paperwork with Court Did the deceased have a Last Will and Testament? If so, the person named in the Will as personal representative files the following documents with the Probate Court: Application for Probate of Will Acceptance of Appointment as Personal Representative Certificate of Value Original Will Orig ..read more