Elder Law Attorney Q&A

Legal questions and answers from our fans regarding topics such as including Estate Planning, Probate, Trusts, etc.

Or ask your own question to one of our Elder Law Attorneys. Your question and the answer may be posted publicly to our website, but for privacy sake we will not disclose your full name. Click here to ask now!


High Profile Legal Battle Reveals Growing Crisis in Estate Planning

Here’s an update on a story we brought you just one year ago It’s another sad example of how even those with vast personal wealth sometimes fail to plan carefully for their declining years No matter how rich and powerful they are, the result of this planning failure is often a disaster, with vicious courtroom

Social Security Benefits based on Deceased Spouse

 Dear Rajiv,  My question on the radio concerned when a relative, age 63, still working, whose wife passed away four years ago, could collect one-half of his deceased wife’s social security He plans on working until age 70 or so, and will want to collect his larger social security benefit at that time  Please advise

Social Security Adjusted Payment

Hello Rajiv, I have not received an adjusted SSA payment for my earnings for 2015, I normally receive this in November of the following year (2016) I am receiving SSA payments at present (full retirement age) but am still working thus making SS payments via my paycheck I seem to have this issue every year

Ask a lawyer

Dear Rajiv, Everything related to Safe Harbor Trusts seems to be based on having one surviving spouse  What if you are still married and one of you is not doing well Can you move assets to a Safe Harbor Trust while both spouses are alive to prevent having to draw down any savings  If yes

Questions about GPO from the radio show

Hello Rajiv, This is a follow up question to an email I sent you on 3/7/15 regarding Government Pension Offsets (GPO)  (GPO applies to government pensioners who are applying for Social Security spousal and survivor benefits) I am 66, divorced, currently living on my own Social Security Benefits  I was married for over 30 years

Ask the lawyer: Mother with ADL issues

Dear Rajiv, My 93 year old mother is bedridden, incontinent, 180 pounds and is unable to stand, walk or dress herself  She is in and out of reality and lives alone Two months ago she fell and had to be hospitalized  My siblings and I take turns providing her with 24/7 assistance in her home

Ask the Lawyer: Long-Term Care insurance

Ask the lawyer Dear Rajiv, I am 53 years old and currently have no health issues nor a family background of health issues  I have about $600,000 in assets and wonder if I should be considering long-term care insurance or if it makes more sense to invest this money Pamela Dear Pamela, As a general

Ask a Lawyer: Should I personally guarantee my mother’s fees?

Dear Rajiv, I’m working through the paperwork required for placing my elderly mother in a senior housing facility  The facility is asking me to personally guarantee the fees  They also want to be to change her level of care without prior consultation and approval from her Power of Attorney  I’m concerned since I hold the

Ask a Lawyer: Maximizing Social Security benefits

Dear Rajiv, On your radio show, a caller asked you about taking the spousal benefit for Social Security while his wife delays taking her benefit I’m not sure that I understand how this works I worked longer than my husband and my Social Security will be higher than his He started taking Social Security a

Ask a Lawyer

Dear Rajiv, I currently have a Regence MedAdvantage policy that I began when I turned 65 My Medicare card shows a start date of 1-1-2013; thus I am outside of the one year period for new enrollees that would allow me to just switch to any plan I chose I am currently considering changing my
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